Case 6

Jan 03 2019

The Complainant alleged that in spite of having paid full consideration amount towards the apartment, Respondent has failed to execute and register the Agreement for sale , till date. The Advocate of the Respondent submitted that the allotment of the said apartment had been terminated, which was communicated to the Complainant via a Notice sent on August 22, 2017. The complainant had not raised any objection at that time.

The advocate for the Complainant denied the notice of termination of the allotment letter of the said apartment and alleged that it is a unilateral termination made by the Respondent, without any sufficient cause.

On the second date of hearing held on May 7, 2018, the Respondent verified the status of the said apartment as an unsold apartment. He further stated that the payments made by the Complainant pertaining to the said apartment have been adjusted by the Respondent for another apartment in another project of the Respondent which is not related to any MahaRERA registered project. The advocate for the Respondent did not refuse that the Complainant was an allottee. The termination of the allotment letter was unilateral and without any sufficient cause. Therefore, he continues to be an allottee in the said project.

Both the parties were directed to execute and register theagreement for sale as per the provisions of section 13 of the Real Estate (Regulationand Development) Act 2016 and the rules and regulations made there under within 30days from the date of this Order.

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