The Tamil Nadu Real Estate Regulatory Authority (TNRERA) directed a developer to refund the money to a city-based home buyer despite the absence of an agreement of construction and sale. The state’s realty regulator took the decision based on receipts provided by the complainant as proof of payment.
The October 4 order by TNRERA adjudicating officer G Saravanan said the complainant T Pankaja was eligible for refund of Rs 9.85 lakh, the amount he paid with 10.15% interest and Rs 1 lakh compensation for the mental agony caused as the project did not commence, besides Rs 20,000 towards litigation expenses.
The order said the complainant had booked a flat in a housing project named ‘Vasavi Ingai’ promoted by Vasavi Meppur Constructions at Meppur near Poonamallee by paying Rs 9.85 lakh on September 22, 2013. No agreement of sale and construction was entered into by the buyer and developer. The project soon was a non-starter. Later, when the promoter came up with a proposal to convert the project into a villa, Pankaja wanted to withdraw from the project and demanded a refund.
Following this, he filed a complaint with TNRERA. According to TNRERA sources, the complainant had filed receipts comprising the cheque number as proof of payment, brochures and a letter by the promoter regarding the housing project.
“Though there was no agreement regarding the construction, we invoked the Contract Act 1872 since this case fell under the ambit of oral contract. Moreover, Section 31 of the Real Estate (Regulation and Development) Act, 2016, states that any aggrieved person can file a complaint with the adjudicating officer for any violation or contravention rules against the promoter,” a TNRERA official said.
The order was delivered based on these criteria with sufficient evidence for monetary transaction that came in handy, the official added.
