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A Jodhpur Park-based real estate developer has been ordered to refund INR 55.2 lakh to Shyamali and Arindam Mitra for failing to deliver six plots in the 'Kalyani City Enclave' project near Kalyani Expressway. The Real Estate Appellate Tribunal (REAT) upheld an earlier ruling by the West Bengal Real Estate Regulatory Authority (WBRERA), which found the developer guilty of failing to execute and register deeds and unilaterally canceling agreements without valid reasons. In addition to the refund, the developer must pay interest and INR 20,000 in legal costs. This case underscores the critical role of regulatory bodies like WBRERA in safeguarding buyer rights and promoting accountability in the real estate sector. It highlights the need for thorough due diligence and legal scrutiny by buyers, while also encouraging more consumers to assert their rights against unethical practices.
A real estate developer based in Jodhpur Park has been ordered to refund a couple for failing to deliver plots in a mini-township project located in Shyamnagar, near the Kalyani Expressway. This decision follows a ruling from the Real Estate Appellate Tribunal (REAT), which upheld an earlier order from the West Bengal Real Estate Regulatory Authority (WBRERA). Advertisement
Shyamali and Arindam Mitra, the affected couple, purchased six plots in the planned 'Kalyani City Enclave' from Janapriyo Real Estate Pvt Ltd in 2014. The developer had promoted the project with promises of ongoing work on essential infrastructure, including roads, drainage, and utilities. However, despite the assurances, the couple found that the developer did not fulfill their obligations, including the execution and registration of the deeds for the plots.
The Mitras paid a total of INR 55.2 lakh for the plots, with Shyamali buying two for INR 11.1 lakh and Arindam acquiring four for INR 44.1 lakh. Payments were made in installments as agreed. When the developer failed to deliver, the couple sought intervention from WBRERA, which ruled in their favor, stating that the developer had no right to cancel the agreements without a valid reason.
In its decision, WBRERA highlighted that the agreements did not provide the developer with the authority to unilaterally cancel them. Following this ruling, the developer appealed to the REAT, but the tribunal confirmed WBRERA's decision, stating that the cancellation of the agreements was done "whimsically" and lacked sufficient cause.
As a result, the developer has been ordered to refund the total amount paid by the Mitras, along with interest and an additional INR 20,000 to cover costs incurred during the legal process. This case serves as a reminder of the importance of regulatory oversight in the real estate sector, especially in protecting the rights of buyers.
Real estate experts note that incidents like this underline the need for buyers to conduct thorough due diligence before investing in property. They recommend that potential buyers verify the credentials of developers, check for necessary approvals, and seek legal advice when entering into agreements. Additionally, the ruling emphasizes the role of regulatory bodies like WBRERA in ensuring transparency and accountability in the real estate market.
This case also highlights the growing awareness among consumers about their rights. As more buyers become informed about regulatory processes, they are increasingly willing to challenge developers who fail to meet their obligations. The outcome of this case may encourage others facing similar issues to seek legal recourse, promoting a more responsible and ethical real estate market in West Bengal and beyond.
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