MARGAO
The Goa Real Estate Regulatory Authority (RERA) has directed a builder to refund the amount of Rs 20.50 lakh within 30 days to a party, who had knocked the doors of the Authority, complaining of the inordinate delay in handing over the purchased apartment.
RERA Member Vincent D’Silva has further directed the builder to pay interest @ 11.10% per annum on the sum of Rs 20,50,000 to the complainant from 23.01.2018 till the date of effectual payment for delay in delivering possession to the complainant. The builder is further directed to pay costs of Rs 1 lakh to the complainant within thirty days of the order, failing which it will carry interest in terms of law.
That’s not all. RERA has directed the respondent builder to pay Rs 6 lakh as penalty under Section 61 of the Act for violation of Section 11(4)(a) and (f) read with Section 18 of the Act. The amount shall be deposited in the bank account of the Authority, within sixty days, failing which necessary proceedings will be initiated against the respondent.
The Agreement for Sale dated 29.11.2018 registered in the office of the Sub-Registrar on 29.11.2018 stands terminated and cancelled. Consequently, the office of the Sub-Registrar is directed to make appropriate entry/ note/ endorsement in its records to the effect that the said Agreement for Sale dated 29.11.2018 as terminated and cancelled, provided that the entire amount of refund along with the interest is paid to the complainant.
In this case, the complainant, an Army Colonel, native of Uttar Pradesh had purchased a smart one BHK in 2018 and had made full payment in advance to the builder. Though the delivery date as per the agreement was 31.10.2020, he pointed out there has been no progress on the project so far, even the construction has not been started since last three years, after the promised handover date.
“Once the respondent builder has received the entire consideration towards the purchase of the apartment from the complainant and that the respondent has failed to adhere to its contractual and statutory obligation, the respondent is duty bound to refund the amount paid along with interest @ 11.10% (i.e. 9.10% plus 2%) per annum which is presently State Bank of India highest Marginal Cost of Lending Rate, to the complainant from the date of receipt of such amount,” RERA member Vincent D’Silva observed while passing the order.
He added: “Under Section 61 of the RERA Act, if any promoter contravenes any other provisions of the RERA Act, other than that provided under Section 3 or Section 4, or the Rules or Regulations made thereunder, he shall be liable to a penalty which may extend up to five per cent of the estimated cost of the real estate project as determined by the Authority. The respondent has contravened the provisions of Section 11(4)(a) and (f) read with Section 18 of the Act and therefore, is liable to pay penalty under Section 61 of the RERA Act.”
