Mumbai: Builder to give refund for failing to hand over shop booked in ’11

Mumbai: In a relief to a

senior

citizen,

MahaRERA

chairman Ajay Mehta recently directed Moongippa Realty Pvt Ltd to

refund

the amount paid by her for a

shop

in Moongippa Arcade,

Andheri

, with

interest

, as the decade-old project is not yet completed.

In February last year, the then MahaRERA chairman, Gautam Chaterjee, in his interim order, had declined to pass an order for refund or delayed interest regarding the same complaint, citing the larger interest of project completion.

Complainant Poonam Desai (65), who was represented by advocate Anil D’Souza, stated she had purchased a shop in Moongippa Arcade on September 2, 2011, and paid more than Rs 12 lakh for the 70-square-foot property worth Rs 21 lakh then. The

promoter

had promised to hand over its possession by December 31, 2012, which it has not yet done.

Desai appeared personally and stated her husband was bedridden and sought a refund of the amount she had paid. Desai stated she would like to withdraw from the project and the promoter should pay interest along with a refund. The counsel also sought compensation for the stamp duty and other taxes that Desai had paid towards purchase of the premises.

Advocate Vidya Nair, who represented the promoter, stated it had already refunded Rs 3.25 lakh to the complainant and was willing to refund the balance and sought adequate time. Listing out the difficulties the promoter faced in completing the redevelopment project, the counsel stated it had a tough time resettling the existing occupants and also regarding the height clearance for civil aviation.

The counsel for the promoter further stated its intention was to complete the project and issue a refund. Due to circumstances beyond its control, though, it has not been able to do the same and that, if given sufficient time, it would honour its commitments.

MahaRERA chairman Ajay Mehta, in his April 7 order, observed there appears to be no pressing reason for compensation and the ends of justice would be served by letting both the parties disengage with the promoter refunding the amount with interest.

Mehta directed the promoter to refund the amount paid by the complainant till date along with interest.