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2019 (4) TMI 2062 - MAHARASHTRA REAL ESTATE APPELLATE TRIBUNALMaintainability of application - Seeking refund of amount along with interest including compensation - allottees seeking withdrawal firm the project - Allottees could not get the possession of their respective flats even after period of 6 to 7 years and Allottees had already paid about 90% of the price of their respective flat price to the promoter - applicability of Section 13 of RER Act, 2016 - Section 18 of RER Act - HELD THAT:- Allottees spent Rs. 90,00,000/- for purchase of flat and waited for 7 to 8 years and are not hopeful of getting the possession of the Hat in near future and allottees were shocked to know in due course that the flats situated in Evershine Cosmic project which they decided to purchase were not having legal approval and thereafter, three flats situated in Gaurav Wood project of sister concern of promoter which were offered to be given to the allottees in lieu of two flats were also not having legal sanction - Since, the projects are governed by RER Act and rights and obligations of promoter and allottees are also governed by RER Act, and allotment letters issued by promoter in favour of allottees are still in force and promoter received 90% of the price of each flat i.e. Rs. 90,00,000/- for each flat from each allottees about 8 to 9 years back, allottees are justified in taking the shelter of Section 18 of RER Act, 3016 by selecting the option of withdrawing from the project and claiming the refund of entire amount paid to the promoter along with interest including compensation. The complaints filed by Allottees are maintainable under Section 13 of RER Act. 2016 and consequently impugned order stands set aside - the complaints are maintainable and Section 18 of RER Act, 2016 is also attracted to the present dispute and allottees are entitled to get refund of the amount along with interest including compensation from the promoter in view of Section 18 of RER Act, 2016, Rate of interest shall be as per Rule 18 of Maharashtra Real Estate (Regulation and Development) Registration of Real Estate Project, Registration of Real Estate Agents, Rates of Interest and Disclosures on Website) Rules, 2017. Appeal allowed - decided in favor of appellant.
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