The Rajasthan RERA has made it clear that the builder has no right to change the draft agreement for the sale of the flat. It also found fault with the builder for not returning the amount to be refunded to the flat buyer till another person booked the flat. In a relevant case, a person booked flat in the project of Unique Builders and paid the advance amount. Since he failed to obtain loan from the bank in 45 days, his booking was cancelled and the builder did not refund the booking amount.
He made it clear to the person who booked the flat that he would be returning the amount only after another person books the flat. He also pointed out the relevant clause in the agreement of sale. Hence the person who booked the flat moved the RERA. Hearing both sides, the RERA Bench observed that there was no such clause in the RERA rules and maintained that the builder cannot change the rules according to his likes and dislikes. In this case, it imposed fine on the builder.
