By Dr.Sanjay Chaturvedi LLB, Ph.D.
Maulik Vyas V/s Dipesh Bhagtani (CC005000000000367) Maha RERA Order dated 27th December 2017.
The Complainants contend that they booked a flat no. 1001 in Bhagtani Serenity on 25ft August 2014. Since the project was extremely delayed and they were in urgent need of money, they unilaterally cancelled the booking in March 2016 and claim the refund of their amount with interest. The respondents have failed to refund their amount with interest.
Maha RERA Order: The complainants have cancelled the booking in March 2016 i.e. before the Real Estate (Regulation and Development) Act,2016 came into force. There is no cause of action to file the complaint under RERA and hence this complaint is not maintainable.
Credits: Landmark Judgements of RERA (Book)