Nirmal Developers ended up paying a lot more to a homebuyer than it would have, had the developer cancelled the flat when the homebuyer asked for.
By Varun Singh
A homebuyer had asked Nirmal Developers to cancel his booking on February 18, 2017. He wanted to withdraw as the construction, then didn’t make any progress.
Instead of cancelling, Dharmesh Jain led Nirmal Developers sent the homebuyer a letter on November 24, 2017.
The letter sent by Nirmal Developers, stated, that they were tying up with Shapoorji Pallonji. They gave the homebuyer the option to withdraw from the project within 15 days.
Homebuyer Nandkishor Mane approached MahaRERA later, seeking refund of his amount paid along with interest.
According to the complaint, Mane booked an apartment in Nirmal Developers, Mulund Project Nirmal Olympia for Rs 76.47 lakh.
The developer even issued an allotment letter dated March 16, 2014 to Mane. Homebuyer paid Rs 18.08 lakh to the developer.
Mane alleged that the developer didn’t execute the agreement but had promised possession by December 2017. He also claimed that the construction didn’t make any progress and hence, he cancelled the booking.
The developer didn’t pay him and hence he approached MahaRERA seeking relief.
Nirmal Developer, said that MahaRERA had no jurisdiction over the case. They claimed the homebuyer cancelled the flat in February 2017, which was before RERA came into force. (MahaRERA came into force from May 2017.)
Based on this they asked the authority to dismiss the case.
But B D Kapandis, Member II, MahaRERA while passing the order, noted that Mane did send cancellation notice in February 2017. But the builder did not act upon it and also didn’t refund the amount.
“They (builder) have not accepted the cancellation. On the Contrary sought the consent of the homebuyer for tie-up with Shapoorji Pallonji in November 2017,” noted the order.
This point became crucial in the entire hearing. Also Kapadnis noted, that the date of possession of December 2017 was not kept by the builder.
Finally Kapadnis ordered Nirmal Developers to refund Mane Rs 18.08 lakh with 9% interest from the date of receipt of amount till refund.
The order dated September 2, also asked the builder to pay the homebuyer Rs 20,000 towards cost of complaint.
The charge of the amount till satisfied shall remain on the booked flat by the homebuyer. The payment shall be subject to the period of moratorium.
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