The homebuyer will no longer remain an allottee in the developer's project and will not be eligible for a refund
In case a homebuyer fails to register their agreement with a developer within the stipulated time, the developer can cancel the booking. Not only this, the homebuyer will no longer remain an allottee in the developer's project and will not be eligible for a refund. In a case that came before the Maharashtra Real Estate Regulatory Authority (MahaRERA), it held the view of the developer, wherein despite repeated requests, the homebuyer failed to register the agreement and hence the booking was cancelled. The homebuyer then approached the authority seeking a refund from the developer.
The complainant, Sanjay Sawant, had booked an apartment in Landmark Real Estate Developers Limited's Karjat project, Casa Unico, on June 10, 2016 and paid a partial booking amount. However, there was no registered agreement of sale between the complainant and the respondent. Sawant approached MahaRERA and asked that the developer be directed to refund the booking amount.
During the hearing, the developer stated that as per the booking terms and conditions which Sawant had agreed to, Sawant had to sign and register the agreement of sale within 30 days from the day of booking. Despite repeated requests, the complainant failed to do so. His booking was therefore cancelled and the booking amount forfeited.
Gautam Chaterjee, Chairperson, MahaRERA, held, "Based on the facts mentioned, the complainant is no longer an allottee and his booking has already been cancelled for breach of the agreed terms and conditions of booking."
Chaterjee in his order further stated that the complainant, Sawant, had failed to show if any provisions of the Real Estate (Regulation and Development) Act, 2016 or the rules or regulations made there under had been contravened, thus dismissed the complaint.
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