Mumbai: The central Mumbai’s Consumer Dispute Redressal Commission penalised a city based developer, Ruparel Infra and Reality for failing to return the booking amount of one of its consumer.
The central Mumbai’s Consumer Dispute Redressal Commission penalised a city based developer, Ruparelia Infra and Reality for failing to return the booking amount of one of its consumer.
The Complainant , Sahil Jain, a resident of Borivali , had booked a flat admesasing 320 sq feet at Ruparel Optima, a Kandivali based project. Jain, had paid Rs 3,10, 000 of the 59 lakhs, as a booking amount in 2017.
The developer, had issued a disclaimer that if the bank disapproves the loan and is accordingly informed to the developer, then the booking amount would be returned back to the purchaser. “if your loan doesn’t get sanctioned, your amount will be refunded. Provided the bankers give us a loan rejection letter,”read the disclaimer
In 2019, HDFC, through an email, informed Jain that his loan was rejected
Jain had addressed an email to the developers, requesting form cancellation of his booking and seeking refund of his booking amount, but the developer refused the same, rather they returned email saying that the refund won’t be initiated as its not applicable and forfeited the amount.
Jain kept on pleading them for his money, but the reality firm did not pay heed. Finally, he approached the Consumer commission and filed a complaint against the reality firm.
The developer, however claimed that he was no where at fault, bout it was the buyer as he was the one who had failed to pay timely payment of the consideration of the flat. The complainant was jobless and was not able to pay the instalment amount at regular intervals, which lead to the cancellation of the loan from the bank.
The commission after going through the arguments put forth by both the party’s held the developer responsible for providing faulty services towards its consumers. “The Complainant in good faith, was unable to secure the loan, as confirmed by HDFC Bank in an email dated 30/05/2019, wherein the bank articulated its grounds for refusal. Thus the objection raised by the Developer alleging that the Complainant purportedly cancelled the flat booking due to job loss rather than the inability to process the home loan, and that the Complainant managed to obtain a rejection letter from HDFC Bank, is not tenable.”
The Commission has thus asked the Developer to pay back the deducted booking amount of Rs 2.96 lakhs along with six per cent interest rate from 2021, along with Rs 10,000 and Rs 5,000 towards the harassment and litigation costs, accordingly.
The Complainant , Sahil Jain, a resident of Borivali , had booked a flat admesasing 320 sq feet at Ruparelia Optima, a Kandivali based project. Jain, had paid Rs 3,10, 000 of the 59 lakhs, as a booking amount in 2017.
The developer, had issued a disclaimer that if the bank disapproves the loan and is accordingly informed to the developer, then the booking amount would be returned back to the purchaser. “if your loan doesn’t get sanctioned, your amount will be refunded. Provided the bankers give us a loan rejection letter,”read the disclaimer
In 2019, HDFC, through an email, informed Jain that his loan was rejected
Jain had addressed an email to the developers, requesting form cancellation of his booking and seeking refund of his booking amount, but the developer refused the same, rather they returned email saying that the refund won’t be initiated as its not applicable and forfeited the amount.
Jain kept on pleading them for his money, but the reality firm did not pay heed. Finally, he approached the Consumer commission and filed a complaint against the reality firm.
The developer, however claimed that he was no where at fault, bout it was the buyer as he was the one who had failed to pay timely payment of the consideration of the flat. The complainant was jobless and was not able to pay the instalment amount at regular intervals, which lead to the cancellation of the loan from the bank.
The commission after going through the arguments put forth by both the party’s held the developer responsible for providing faulty services towards its consumers. “The Complainant in good faith, was unable to secure the loan, as confirmed by HDFC Bank in an email dated 30/05/2019, wherein the bank articulated its grounds for refusal. Thus the objection raised by the Developer alleging that the Complainant purportedly cancelled the flat booking due to job loss rather than the inability to process the home loan, and that the Complainant managed to obtain a rejection letter from HDFC Bank, is not tenable.”
The Commission has thus asked the Developer to pay back the deducted booking amount of Rs 2.96 lakhs along with six per cent interest rate from 2021, along with Rs 10,000 and Rs 5,000 towards the harassment and litigation costs, accordingly.
