KOLKATA: A Jodhpur Park-based real estate developer that had failed to deliver plots at a mini-township being developed at Shyamnagar beside Kalyani Expressway to a Paikpara couple refunded the entire amount paid by them along with interest on the sum and also paid an additional Rs 20,000 in costs.
The cost was levied after the company lost the appeal at the Real Estate Appellate Tribunal (REAT) after it lost an appeal against the refund order by the West Bengal Real Estate Regulatory Authority (WBRERA).
The couple, Shyamali and Arindam Mitra, purchased six plots at the proposed mini-township named ‘Kalyani City Enclave’ being developed by Janapriyo Real Estate Pvt Ltd in 2014.
The developer advertised that work on roads, drains, water, and electricity supply was in progress.
While Shyamali purchased two plots for Rs 11.1 lakh, Arindam purchased four plots for Rs 44.1 lakh. A portion of the amount was paid upfront, and the rest was paid as per agreement in 48 monthly instalments. However, the developer failed to execute and register the deeds of conveyance.
WBRERA ruled in the Mitras’ favour, pointing out that there was nothing in the agreements that empowered the promoter to cancel the agreements unless there was a default. There was none in this case. The developer was asked to refund the entire amount paid and additionally pay interest.
The developer contested the WBRERA’s judgment at the appellate tribunal but again lost.
Upholding the WBRERA order, REAT observed that “since the appellant cancelled the agreements of sale whimsically, unilaterally and without any sufficient cause, the cancellation of agreements is liable to be set aside”.
