TMI Blog2021 (5) TMI 130X X X X Extracts X X X X X X X X Extracts X X X X ..... n the parties. Parties never reached to the stage of executing agreement for sale. There was no attempt to execute agreement on the part of either party. In such circumstances, Allottees cannot claim refund on the basis of binding effect at clause (18) of model agreement for sale under rules of RERA - Transaction in the instant case is not governed by Section 18 of RERA. In this peculiar matter, though the claim of refund is not governed by any specific provision of RERA, it cannot be ignored that object of RERA is to protect interest of consumer. So, whatever amount is paid by home-buyer to the Promoter should be refunded to the Allottee on his withdrawal from the project. Regulatory Authority and Appellate Tribunal are having inheren ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... On account of medical emergency in the family of Allottees, they decided to cancel the flat booking. Accordingly, they e-mailed to Promoter and requested to cancel the flat booking and to refund the total amount of ₹ 5,61,967/- (Five Lacs Sixty-One Thousand Nine Hundred Sixty-Seven only). Promoter replied vide e-mail dated 20th May, 2019 that the amount paid by Allottees is forfeited on account of cancellation of booking by Allottees. Complaint No. CC006000000089770 came to be filed by Allottees for recovery of amount of Rs. 5,61,967/- (Five Lacs Sixty-One Thousand Nine Hundred Sixty-Seven only) from Promoter. 4. MahaRERA conducted inquiry and passed impugned order thereby directing the Promoter to refund the booking amount to A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oned in the said form. Terms and conditions recited in Annexure-A are to be followed and observed by Allottees only. Exhibit-A is not signed by Promoter. Now, as per impugned order amount is to be refunded in accordance with the booking form signed by both the parties. It may be pointed out that Annexure-A is not Styled as booking form . There is no document having nomenclature as booking form which is signed by Allottees or by both the parties. Impugned order is passed on the basis of booking form signed by both the parties . Thus, impugned order is based on such document which does not exist on record. Moreover, execution and operation of the impugned order will be according to the booking form signed by both the parties and it is not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Residential Flat shall be borne by the Applicant(s) and the company shah not be liable to refund/reimburse the same. Applicant(s) agrees not to raise any objection in future whatsoever . 11. It cannot be ignored that agreement for sale between Allottees and Promoter had not taken place yet. Moreover, Promoter had neither issued confirmation letter nor allotment letter to the Allottees. The only document signed by Allottees is the printed form which is styled as request for reservation . So, at the time of making request for reservation of the flat on the part of Allottees, Promoter obtained the signatures of Allottees on such form of request which consists of 33 different terms and conditions to be observed and complied by Allotte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l in bargaining power and where a man has no choice or rather a meaningful choice but to give his assent to a contract or to Sign on the dotted line in a prescribed or standard form... as a part of the contract, however unfair, unreasonable and unconscionable a clause in that contract or form or rule may be. In the instant case, while applying for the flat, Allottees had no choice but to sign the printed form of request prepared one-sided by the Promoter. Thus, Promoter cannot take undue advantage of such one Sided and unreasonable condition. 12. Learned counsel for Promoter argued that Allottees have claimed relief on the basis of clause 18 of model agreement for sale as given under rules of RERA. He also submited that there is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nstant case is not governed by Section 18 of RERA. In this peculiar matter, though the claim of refund is not governed by any specific provision of RERA, it cannot be ignored that object of RERA is to protect interest of consumer. So, whatever amount is paid by home-buyer to the Promoter should be refunded to the Allottee on his withdrawal from the project. 14. It cannot be ignored that Regulations are framed to carry out purposes of the Act. Regulation 39 of Maharashtra Real Estate Regulatory Authority (general regulation 2017) is in respect of saving of inherent powers of Authority. It reads as under. Regulation 39: Nothing in the Regulations shall be deemed to limit or otherwise affect the inherent power of the Authority to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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