There must be Agreement for Sale to claim refund and Interest thereof u/s 18

By Dr. Sanjay Chaturvedi LLB, PhD

Naim Kamaruddin Shaikh and others V/s JVPD Properties Pvt. Ltd. (CC006000000001358 & others) Oder dated 29th December 2017.

The complainants have filed these complaints for getting a refund of the booking amount paid by them, as according to them the respondents have failed to deliver the possession of the flats booked by them in time and some of them received letters from the respondents to cancel the booking for the reasons mentioned in the letter.

The Maha RERA observed “After going through the provisions of Section 18, it becomes clear that the allottee is entitled to get the refund of his amount only when the promoter fails to complete or he is unable to give possession of the apartment either in accordance with the terms of the agreement for sale or duly completed on the date specified in the agreement….. The plain words of Section 18 clearly indicate that there must be an agreement for sale for invoking section 18 The allottee gets right to get refund of his money only when the promoter fails to complete apartment in accordance with the terms of agreement for sale or he is unable to give possession on the date specified in the agreement. Therefore, in the absence of any agreement for sale, section 18 has no role to play. It is necessary to bear in mind that issuance of allotment letter is first stage and execution of an agreement for sale is subsequent stage.”

Credits: Landmark Judgements of RERA (Book)

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