MahaREAT – If Homebuyer Has Provided Written Undertaking Confirming Resolution Of All Grievances, They Cannot Withdraw From It

Maharashtra Real Estate Appellate Tribunal (MahaREAT/Tribunal) bench, comprising of Justice Shri Shriram R. Jagtap (Judicial Member) and Dr. K. Shivaji (Technical Member), has held that If a homebuyer has given an express written undertaking stating that all their concerns have been addressed and resolved, they are not allowed to later change their mind and raise the same issues again while seeking the same type of relief through an appeal. Background Fact The Homebuyers purchased flat no. 2001 in Tower C for a total consideration of Rs. 2,08,83,300 by executing and registering an agreement for sale on 30th January 2016. According to the agreement, the builders were obligated to deliver possession of the flat by 31st December 2016. The Homebuyers had paid Rs. 1,98,39,135 to the builders by that time, leaving only Rs. 10,44,165 to be paid upon possession. Due to the delay in delivering possession of the flat as per the agreed timeline, the Homebuyers filed a complaint before MahaRERA, In their complaint, they sought various reliefs, including direction to the builders to provide possession of the flat and payment of interest on the amounts already paid due to the delay. They also requested compensation for mental harassment caused by the breach of contractual commitments, as well as compensation under the provisions of the Act. In its order dated 3rd October 2018, MahaRERA directed the builders to hand over possession of the apartment to the homebuyers within 15 days. However, MahaRERA ignored other relief sought by the homebuyer. The Homebuyers filed an appeal before the Tribunal against the MahaRERA order dated 3rd October 2018. Contention of Builder The builder contended that the homebuyers were duly informed of the flat's readiness for possession following the receipt of the occupation certificate. They argue that the homebuyers complaints about deficiencies were not originally raised in the complaint to MahaRERA and should not have been considered in the appeal. Additionally, the builder accuses the homebuyers of non-cooperation, citing their failure to express intentions to pay outstanding amounts upon possession despite MahaRERA's order. Furthermore, the builder contended that despite repeated reminders and willingness on their part to hand over possession, the homebuyers allegedly failed to fulfill their financial obligations promptly. However, the homebuyers eventually made payments in installments, confirming their intention to take possession. Lastly builder contended that the declarations signed by the homebuyers waive all grievances against the builder regarding construction issues, indicating resolution of any claims to their satisfaction. REAT Verdict While upholding MahaRERA's order and rejecting the complaint of the Homebuyers, the Tribunal held that if a homebuyer agrees in writing that all their complaints have been resolved, they cannot later seek the same assistance again through an appeal. The Tribunal referred to Clause 20 of the Declaration signed by the Homebuyers, which reads as follows: "We state and undertake that we have no complaints, grievances, or any other matter whatsoever against the promoter and/or Transcon regarding the construction of the said flat, amenities, and/or building, including all issues, claims, demands, objections, and complaints of any nature, including but not limited to the fit-out possession of the said flat. Furthermore, we state and undertake that if any claim arises, it has been resolved, fully settled, and to our utmost satisfaction, and we hereby waive said claim." The Tribunal further held that MahaRERA order is free from flaws as it found no breaches of contractual obligations by the builder and confirmed the presence of all promised amenities in the flat. In conclusion, MahaREAT dismissed the appeal filed by the Homebuyers seeking relief on matters for which they had previously signed a written declaration confirming that all their concerns had been addressed and resolved.Case : Sushama Sakharam Malvankar V/S AAP Realtors Ltd and others Citation : Appeal No. AT005000000010989 of 2019 in Complaint No. CC00600000 55694Click Here To Read/Download Judgment

MahaREAT – If Homebuyer Has Provided Written Undertaking Confirming Resolution Of All Grievances, They Cannot Withdraw From It

Aryan Raj

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