Maharashtra RERA Directs Godrej Properties To Refund Booking Amount Paid By Homebuyer

Due to personal reasons the homebuyer failed to pay the consideration for the flat she purchased. Consequently, the builder forfeited the amount prompting the homebuyer to approach the authority.

Background Facts

Homebuyer (Complainant) purchased a flat in the builder's (Respondent) project named Godrej Greens situated at Pune by paying the booking amount of Rs.3,89,604/-. The total sale consideration of the flat was Rs. 46,66,834/-.

The booking was done under 10:90 offer where homebuyer was to pay 10% of the total consideration before the registration and 90% after the registration. However, due to Covid – 19 and personal issues homebuyer failed to make the payment of 10% amount.

On 26 September 2020, Homebuyer mailed builder to cancel her booking and refund the amount she has paid. Builder communicated homebuyer to bring a client within the 6 months else her money would be forfeited.

Being aggrieved by the conduct of builder homebuyer filed complaint before the authority seeking refund of her money with interest.

Observation and Direction by Authority

The authority rejected the homebuyer's claim for a refund with interest and compensation holding that the homebuyer had not presented any facts about false information being provided by the builder that caused her to suffer a loss.

Regarding the builder's claim that they are entitled to forfeit 20% of the total consideration as per the booking application, the authority referred to its Order No. 35/2022 dated 12.08.2022, which allows builders to forfeit 2% of the amount in case of cancellation by the homebuyer.

Therefore, the authority partly allowed the complaint and directed the builder to refund the amount after deducting 2% of the total consideration.

Case – Sofia Bernard Swamy Versus Godrej Properties Limited & anr

Citation – Complaint No. CC005000000106820

Date – 11 November

Click Here To Read/Download The Order