representative image Kolkata: A Jodhpur Park-based real estate developer, which had failed to deliver a plot to the Paikpara couple in a mini-township being developed in Shyamnagar next to the Kalyani Expressway, has refunded the entire amount paid by them along with interest and Also paid additional Rs. 20,000 in cost.
This cost was imposed after the company lost its appeal Real Estate Appellate Tribunal ,REAT) after losing the appeal against the refund order of West Bengal Real Estate Regulatory Authority ,WBRERA,
The couple, Shyamali and Arindam Mitra, purchased six plots in the proposed mini-township called ‘Kalyani City Enclave’, which is being developed. Janaprio Real Estate Pvt. Ltd. in 2014.
The developer advertised that work on roads, drains, water and electricity supply was in progress.
While Shyamali bought two plots for Rs 11.1 lakh, Arindam bought four plots for Rs 44.1 lakh. A part of the amount was paid in advance, and the rest was paid in 48 monthly installments as per the agreement. However, the developer failed to execute and register the deeds of conveyance.
WBRERA ruled in favor of Mitra, stating that there was nothing in the agreements that gave the promoter the right to cancel the agreements unless there was a default. There was no one in this case. The developer was asked to refund the entire amount paid and pay additional interest.
The developer contested the WBRERA decision in the Appellate Tribunal but again lost.
While upholding the WBRERA order, the REAT held that “since the Appellant canceled the sales agreements arbitrarily, unilaterally and without any substantial reason, the cancellation of the agreements is liable to be set aside”.
