RERA authority of the state in a recent order, noted that the homebuyer cannot get back the stamp duty and taxes as the homebuyers won’t be able to get it from government as a lot of time had passed.
By Varun Singh
RERA is meant to help homebuyers, especially those who have been waiting for their homes for a very long time.
Recently MahaRERA, the state’s RERA authority asked a builder to reimburse stamp duty, taxes and registration amount to the homebuyer.
Homebuyers Rosario D’souza and Rowmali Albuquerque approached MahaRERA against Vidhi Realtors.
The homebuyers filed the complaint under section 18 of RERA.
The homebuyers claimed that they had booked a flat in Gaurav Discovery Project, at Malwani in Mumbai.
The builder had assured them to handover possession before June 2017, but failed to do so.
The homeuyers sought refund of the money they had paid to the builder along with interest.
The developer pleaded not guilty and claimed they couldn’t handover the possession on agreed date, because of reasons beyond their control.
Section 18 of RERA gives two options to allottee, when the promoter fails to give the possession of the apartment on the date specified in the agreement.
The first option is to continue in the project and claim interest and the second is to withdraw and calim refund along with interest.
In this case, the homebuyers exercised their right to claim their money.
MahaRERA member II, Balchandra Kapadnis held that, builder is liable to reimburse the taxes, registration charges of agreement of sale.
Kapadnis also held that, the developer was liable to reimburse the stamp duty, as the homeuyers won’t be able to claim the same from government as more than 5 years had lapsed since registration of the agreement of sale.
Finally MahaRERA ordered the builder to refund the money paid by the homebuyer along with the taxes, stamp duty and registration charges with an interest of 9% from the date of receipt till refund.
The builder was also asked to pay the homebuyer Rs 20,000 towards the cost of the complaint.
Also Read: MahaRERA Is Tracking Investment Worth Rs 8 Lac Crore
