Developer ordered to pay Rs 30 lakh to man who was allotted wrong flat

THE REAL Estate Regulatory Authority (RERA) has recently ordered a developer to pay Rs 30 lakh to a complainant, who was allotted a flat different from what was stated in his purchase agreement. Narain Das had booked a flat in Lareina Residency, a residential project of SSV Developers in Vikhroli, on November 4, 2017. The project consists of 1 BHK and 2 BHK flats. Das, in his complaint, stated that he had booked flat 1501 in Lareina Residency through brokering company Sai Estate Consultants in Chembur. The total value of the flat was Rs 1 crore, including taxes, GST and Stamp duty. In the presence of both the broker and the builder, Das paid Rs 30 lakh but the builder did not give him a receipt, he alleged. Das claimed that when he contacted Sai Estate Consultants for the receipt, SSV Developers gave him a receipt for flat 1804 in the same project. The complaint alleged that SSV developers and the builders had handed over the project to Sai Estate Consultants to sell the flats. Complaining that the builder and broker had done wrong by taking Rs 30 lakh and booking a different flat in his name, Das sought a refund under RERA Act, 2016. However, SSV Developers told the authority that that it had never asked Sai Estate Consultants to sell flat 1501. It also mentioned that Sai Estate Consultants has taken a 14 per cent brokerage charge to sell the flat. While both parties agreed that the customer should get his money back, there was a dispute on who will pay how much. The RERA noted that Das had booked flat 1501 and it is explicitly mentioned in the booking form. Complainant had produced the receipt issued by the builder and builder also acknowledged the receipt of Rs 3 lakh. The RERA then held that the builder is responsible for returning the customer’s money. It said that SSV Developers and the broker can pursue their dispute, if any, in a criminal case. Member and adjudicating officer B D Kapadnis ordered, “SSV Developers and builders shall refund Rs 3 lakh to the complainant with the interest of 10.55 per cent… the builder also pays Rs 20,000 towards the cost of complaint. The charges of the aforesaid amount shall be on the flats 1501 and 1804 till the satisfaction of the complainant’s claims.”