Homebuyer granted refund with interest for eight years’ wait

Hearing a petition filed by Rajmohan Murugesan, a homebuyer who had booked a residential apartment with Sare Jubilee Shelters Pvt Ltd, adjudicating officer G Saravanan ordered the promoters to refund Rs 29.50 lakh with an interest of two per cent along with Rs 47,355 registration expenses. The buyer would also receive compensation and litigation charges of Rs 75,000.

 According to the complaint, Rajmohan Murugesan had booked the apartment in August 2011 and signed an agreement in 2012. He also paid the total sale consideration of Rs 29.50 lakh. As per the agreement, the promoter should have handed over the apartment within 24 months with a grace period of three months from the approval of the building plan. The building was approved in June 2012.

 However, when the complainant visited the site in December 2013, he found that there was no progress in construction. He then requested termination of the agreement and refund of the entire amount with interest and compensation.

 On the other hand, the respondent claimed that the completion certificate was given as on the date of commencement of the RERA Act and was not an ongoing project. The promoter also argued that the TNRERA has no jurisdiction to entertain the complaint. They also informed the authority that 90 per cent of the works are completed.

 However, the adjudicating officer found that the respondent did not produce the completion certificate and came to the conclusion that the respondent failed to hand over the possession of the apartment as per the agreement, based on which order to refund was issued.