In the Matter of Nikhil Chopra V/s JVPD Properties Pvt. Ltd
Complaint number CC005000000001348 The Maha RERA observed That:
The Authority therefore ordered
- The complainant has filed this complaint under Section 18 to claim
refund of his amount from the respondents with interest
- The respondents issued a letter dated 24.07.2017 expressing their
inability to complete the project.
- The respondents in their reply contended that the complainant is an
investor and therefore, the Authority has no jurisdiction to entertain this
- The respondent further contended that for the application under Section
18 of RERA, there must be agreement for sale and the complainant does not
- The Authority observed that lt is a fundamental principle of law of
contract that once a proposal is accepted; it becomes a contract, provided
it is coupled with lawful consideration and lawful object and it is not
specifically barred by any statute. There can be oral agreement for sale or
it can be also in written form. in this case the complainant has relied upon
an allotment letter, admittedly issued by the respondents on 11.07.2014
- The Authority observed that It is the contention of the respondents that
there is no concluded contract. Hence, it is necessary to look at the
allotment letter. On its perusal it becomes clear that the complainant
agreed to purchase the flats and the respondents agreed to sell them for the
consideration mentioned in the letter.
- The respondents agreed to deliver the possession of the flats within 42
months from receipt of final commencement certificate from plinth level. All
these terms and conditions have been accepted and signed by both the
parties. Therefore, there remains no doubt that it is a concluded contract
which has taken place on 11.07.2014.
Written By: Advocate Rajan Kumar Hans
- The respondents shall refund the amount mentioned in Para-l0 of this
- The respondents shall pay the complainant Rs. 20,000/- towards the cost
of the complaint.
- The respondents shall pay simple interest at the rate of 10.05% from the
dates of receipts of the amount till they are refunded.
- The charge of aforesaid amount shall be on the respondents’ property
under project bearing C.T.S. No. 634/5 and 64D “S” ward of village Tirandaz,
Taluka Kurla, Mumbai, till the complainant’s claim is satisfied.
( Hans & Hans Advocates and
He can be reached at: +91-9700130033 or [email protected]