Construction without permission : Refund of advance paid ordered

Maharashtra Real Estate Regulatory Authority: An order was passed by Shri B.D. Kapadnis (Member & Adjudicating Officer, MAHRERA) regarding the complaint filed under Section 12 of Real Estate (Regulation and Development) Act, 2016, for refund of the advance paid by the complainants.

The respondents were not able to convince the complainants that they had all the necessary approvals from the Forest Wildlife Department, hence the complainants had cancelled their booking of a flat in respondent’s project Godrej Emrald after which they had stopped making the payments. Relying on the letter submitted by the respondents dated 16-11-2016 in which development permit was also forwarded, where the letter clearly stated “we are waiting for other approvals from the concerned authorities and will update you once received”, thus inducing the complainants to believe that they did not have all the requisite permissions.

As per the minutes of the meeting of the Standing Committee of National Board for Wild Life held on 3-1- 2017 as well as the letter of the Revenue and Forest Department Mantralaya, Mumbai dated 10-5-2016 the site was afterwards declared not to be in the Eco Sensitive Zone, whereas on the date of cancellation it was in the eco sensitive zone. Hence, on the basis of the facts and circumstance the RERA ordered the respondents to refund Rs 7,35,048  i.e. the advance paid along with 8.15 + 2 % interest from the date of respective payments and also to pay Rs 20,000 as the cost of litigation. [Anant Bagaria v. Godrej Greenview Housing Pvt. Limited, Complaint No. CC005000000000067, decided on 21-11-2017]

The post Construction without permission : Refund of advance paid ordered appeared first on SCC Blog.


Disclaimer: The content of this post is not created by The Better Lawyer (Better Legal Solutions Private Limited). The Better Lawyer is only a aggregator of legal updates. The content is created by the attributed author and the author is the copyright holder of the content. Further, the views expressed are not of and/or endorsed by The Better Lawyer.


Posted in advance, Case Briefs, Real Estate Regulatory Authority, Refund, Tribunals/Commissions/Regulatory Bodies and tagged , , , , .

SCC Online

The original author of this content is – blog.scconline.com