Rajasthan Real Estate Regulator Authority (RERA) in one of its important judgements has ordered that the builder (promoter) cannot make any change in the draft agreement to sell prescribed flat under RERA Rules.
Rajasthan RERA further held that the allottee is not required to wait for resale of the cancelled booking of the flat for getting the refund from the promoter.
The order was passed by Salvinder Singh Sohata, member, Rajasthan RERA, on the complaint filed by allottee Pramod Kumar.
Advocate Mohit Khandelwal representing the allottee said that the allottee had booked one flat in the project promoted by Unique Builders and paid the advance booking amount to the promoter. However, the allottee could not get loan from the bank due to which the booking was cancelled within 45 days.
The promoter did not return the booking amount to the allottee and informed him that the booking amount would be refunded only on subsequent booking of the cancelled flat. The promoter made reference to the clause under the agreement executed between the parties which provided that refund would be made only on resale of the allotted unit. The allottee challenged this condition and denial of refund before Rajasthan RERA.
Rajasthan RERA in its order concluded that the draft agreement to sell provided flat under RERA Rules does not provide for any such condition for refund and the promoter himself does not have any competence to amend/modify the statutory Form G (Draft Agreement to sell) provided under the rules. RERA imposed a penalty on the promoter for making such modifications to the agreement.
