Maharashtra RERA gave shock treatment to a builder, who delayed handing over of the flats, asking him to return Rs 2 crore to a customer – including the money invested by customer along with interest –with immediate effect. In Gurgaon’s Sripati Jewels project, Mohammad Kabul booked a 1200 sft flat at a cost of Rs 2.10 crore and paid Rs 2 crore towards the advance. The Sripati Jewels Promoters sent an allotment letter to Kabul in 2010.
According to the agreement with the builder, the builder is supposed to deliver the flat by 2013 July. Instead of handing over the flat, the builder made a counter offer to give a 1000-sft flat on the 16th floor of the building and a new agreement was struck between the builder and Kabul. Moreover, the builder disposed of the flat first bought by Kabul to a third party and the concerned agreement was also registered. On learning about it, Kabul moved the RERA leading to the building changing the tack. The builder’s contention was that he did not allot the flat to Kabul or did not sell it to him. Only an agreement to sell the flat was reached.
However, RERA member Satbir Singh differed with the contention of the promoter and pointed out how the allotment letter clearly mentioned an offer to sell the flat. In this backdrop, Satbir Singh asked the promoter to return Rs 2 crore paid by Kabul to him along with the interest accrued so far.
