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7. MANU/CG/0356/2024
Chhattisgarh High Court
Raipur Development Authority v. Anup Kumar Sahu
Date of Order: 17.01.2024
An allottee has an unconditional right to refund under section 18(1) of the Real Estate (Regulation and Development) Act, 2016 when there is delay of possession beyond the stipulated date notwithstanding the fact that delay was due to pending litigation and notwithstanding that there was no written agreement or formal contract expressly recording the date of possession.
FACTS
The Respondent filed an application before the Real Estate Regulatory Authority (RERA) under section 31 of the Real Estate (Regulation and Development) Act 2016, (“the Act”) on the ground that he had not received the possession of the house. It was stated that the Respondent was allotted a 2 BHK Duplex Row House on 10.06.2016 for an amount of Rs. 18,25,000. The Respondent had deposited an amount of Rs. 18,21,250 upto 31.10.2017. However, even after four years of filing the application before the RERA, the Respondent did not get the possession of the said house. Vide a letter dated 27.08.2020, the promoter RDA required the Respondent t
