Rajasthan RERA fines builder for changing sale deed

In a significant ruling, the Rajasthan Real Estate Regulatory Authority (RERA) has issued an order stating that a builder, also known as a promoter, cannot make any alterations to the draft agreement for selling flats as prescribed under RERA Rules. Additionally, the allottee, or buyer, is not required to wait for the resale of a cancelled flat booking to receive a refund from the promoter. The decision was made by member Salvinder Singh Sohata, in response to a complaint filed by allottee Pramod Kumar.

According to advocate Mohit Khandelwal, who represented the allottee, Kumar had booked a flat in a project developed by Unique Builders and paid the advance booking amount to the promoter. However, Kumar was unable to obtain a loan from the bank, and the booking was cancelled within 45 days. Despite this, the promoter did not return the booking amount to Kumar and informed him that it would only be refunded upon the subsequent booking of the cancelled flat. The promoter cited a clause in the agreement executed between the parties that stated that a refund would only be issued upon the resale of the allotted unit. Kumar challenged this condition and the denial of the refund before Rajasthan RERA.

The regulator concluded that the draft agreement to sell provided under RERA Rules did not include any such conditions for a refund, and the promoter did not have the authority to modify or amend the statutory Form G, which is used for the draft agreement. RERA imposed a penalty on the promoter for making modifications to the agreement.

This ruling is significant for several reasons. First, it highlights the importance of adhering to RERA Rules and the draft agreement when selling flats. Second, it reinforces the rights of allottees, as they are entitled to receive a refund of their booking amount if they are unable to obtain a loan or cancel their booking within the stipulated time frame. Third, it emphasizes the limitations of promoters when it comes to modifying the agreement and highlights the consequences of such modifications.

In conclusion, the Rajasthan RERA's ruling is a significant step towards ensuring that buyers receive fair treatment when purchasing flats. It reinforces the importance of following the RERA Rules and the draft agreement when selling flats and highlights the consequences of any modifications to the agreement by the promoter. Ultimately, this ruling is likely to have a positive impact on the real estate sector, leading to increased transparency, fairness, and confidence among buyers.

Next (Nashik civic chief instructs officials to ensure inclusion of all NMC properties in land records)

Rajasthan RERA fines builder for changing sale deed

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