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Allotment letter shows builder agreed to sell: MahaRERA

But the authority, based on the allotment letter and other documents, stated that it was sufficient to show that the developer had agreed to sell the flat.

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When a homebuyer complained to housing regulator MahaRERA about delayed possession and sought refund with interest on his payment, the builder contended that there was no agreement of sale and no agreed date of possession, so the complaint was not maintainable. 

But the authority, based on the allotment letter and other documents, stated that it was sufficient to show that the developer had agreed to sell the flat. MahaRERA asked the developer to refund the amount paid by the homebuyer along with interest.

Manish Mody had complained against Skyline Construction Co over its project in Goregaon. He alleged that flat possession was promised in December 2017. But he hadn’t received it and hence was seeking refund. 

The developer pleaded not guilty and contended that the complaint was not maintainable as there was no agreement for sale and no agreed date of possession. 

The builder further contended that other allottees of the project had filed a suit in the Bombay High Court and the construction, to be completed by October 31 2019, was being monitored by the HC. So the complaint was premature and not maintainable. 

But BD Kapadnis, the MahaRERA member and adjudicating officer, said, “The fact remains that they (developer) issued an allotment letter on January 2014 on the basis of expression of interest form dated October 2013. On perusal of documents, I find the parties have agreed that the developer shall sell the flat to the complainant and the complainant shall purchase it.”

Kapadnis also mentioned that the developer accepted an amount of Rs 1.58 crore including taxes from time to time. In the course of the hearing, the complainant also produced the developer’s letter dated May 2016, showing that possession would given by December 2017. 

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