Karnataka RERA Directs Ozone Urbana Infra Developers To Refund Rs. 61.6 Lakh To Homebuyer For Delayed Possession

Karnataka Real Estate Regulatory Authority (Authority) bench, comprising GR Reddy (Member) has directed Ozone Urbana Infra Developers to refund Rs. 61.6 Lakhs to the homebuyer for the delayed possession. Background facts The homebuyer (Complainant) entered into an agreement for sale to purchase a flat in the builder's (Respondent) project named Ozone Urbana on July 10, 2018. Later, the homebuyer was diagnosed with cancer. Since she was the sole agreement holder, her husband requested that his name be added to the agreement. Accordingly, a subsequent agreement for sale was executed between the builder, the homebuyer and her husband as agreement holders on October 25, 2021. The project completion date in the first agreement was December 2022. However, without the complainant's consent, the possession date was unilaterally changed to September 2023 in the second agreement. Despite the homebuyer paying a total of Rs.38,00,998 to the builder, the project did not progress as promised or as per the terms of the agreement. As a result, the homebuyer now wishes to withdraw from the project and has filed a complaint before the authority, seeking a refund of the amount along with interest. Observation and Direction by Authority The Authority observed that under Section 18 of RERA,2016 if a homebuyer chooses to withdraw from a project, the homebuyer is obligated to refund the amount received, along with interest and compensation, as prescribed under the Act. Authority noted that the builder appeared but did not file any memo of calculation or statement of objections. The builder only submitted written submissions with a copy of the agreement of sale and failed to produce any document demonstrating the status of project completion. Therefore, Authority held that, in the absence of evidence from the builder, the memo of calculation filed by the homebuyer would be taken on record and relied upon to pass the order. As a result, Authority directed the builder to refund Rs.61,60,638 to the homebuyer, with interest calculated from May 1, 2017, to December 1, 2024, as per the complainants' memo of calculation. Case – Yermal Chandrashekar & Anr Versus M/S Ozone Urbana Infra Developers Pvt. Ltd Citation – COMPLAINT NO: CMP/443/2024 Date – 17th January, 2025 Click Here To Read/Download Order

Karnataka RERA Directs Ozone Urbana Infra Developers To Refund Rs. 61.6 Lakh To Homebuyer For Delayed Possession

Aryan Raj

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