Can a builder refuse to hand over a flat’s possession if the price of property in the area has risen? A buyer has dragged his property developer to Real Estate Regulatory Authority, alleging that the builder was asking for more money than they had earlier agreed upon to release the flat.
While the builder claims that the buyer has not paid the full amount mentioned in the sale deed, RERA has issued an interim order, directing him not to sell the flat to anyone else.
As per case details, Hukamram Sudesha, a 55-year-old resident of Jalore in Rajasthan, had booked a 2-BHK flat in Shagun 108 Apartment near Zundal Circle in Gandhinagar in 2017. The flat cost Rs 17 lakh, and he reportedly paid Rs 5 lakh through cheque and got a loan through a nationalised bank for Rs 9.50 lakh. Sudesha had to pay the remaining Rs 2.5 lakh to the builder, Shree Infra Projects, during the time of possession.
The bank disbursed the amount in phases. However, when the possession of the flat was to be handed over in October, the builder refused to do so. Sudesha claimed the builder asked for more money to compensate for hike in property price in the area. Sudesha then approached RERA against the builder.
“The builder had asked for Rs 2.5 lakh more to be paid. We have filed a case against the builder to redress our grievance. The authority has asked the builder not to sell the flat till there’s a final order on our plea,” said Vishal J Dave, the counsel who appeared for Sudesha, a class-2 employee with Rajasthan government.
Sudesha has also sought compensation of Rs 1 lakh beside other relief under RERA law from the builder. He told Mirror, “I had purchased the flat for my son who is studying BBA in Ahmedabad and lives in a rented accommodation at present. The builder is asking for more money as the rate of the property in the area has shot up. I have to spend Rs 10,000 per month as rent for my son’s accommodation.”
However, the builder submitted to RERA that Sudesha had defaulted on payment by not depositing the amount despite repeated reminders. The builder also alleged that Sudesha had submitted forged documents from the bank which should also be made party to the case. Mirror tried to contact Jayanti Patel of Shree Infra Project, but he remained unavailable. Next hearing in the case is scheduled for January 27.
