FEDERATION OF RESIDENTS’ WELFARE ASSOCIATION

V-3/11 DLF Phase- III Gurugram-122001|                    Phone: 0124-4014318; 0124-4990107

 

24.08.2021

 Dear Members,

 

The Hon’ble H-REAT court in the recent case of-

Ravinder Pal Singh

Versus

M/s Emaar MGF Land Ltd.& Ors.

Held that in view of our aforesaid discussion the appellant does not deserve the relief of refund. He has already been granted the interest for delayed possession by the learned Authority in the impugned order. Thus, keeping in view our aforesaid discussion, there is no illegality or irregularity in the impugned order dated 13.09.2018 passed by the learned Authority which can warrant any interference in the impugned order by this Tribunal. Consequently, the appellant/allottee is not entitled for the claim of refund and the same has been rightly declined by the learned Authority. Resultantly, the present appeal stands dismissed. However, nobody can be forced or compelled to purchase the house, but as the appellant himself is at default in making the payment as per the payment schedule and if he still intends to withdraw from the project out of his own which will amount to the breach of the contract on his part, in that eventuality he will be entitled for refund of the amount paid by him after forfeiting 10% of the basic sale consideration, which will be considered to be the reasonable earnest money amount and after deducting the statutory dues already deposited with the government.

All the best,

God bless u all

President,

Federation of Residents Welfare Association

V 3/11 DLF PHASE III

GURUGRAM-122002

HARYANA,

0124 4-14318,0124 4990107,08860332404.

PRESIDENT

FEDERATION OF RESIDENTS WELFARE ASSOCIATION