The complaint of a promoter regarding the cancellation of agreement for not receiving the balance amount of the total cost of the flat from the developer was dismissed by The Maharashtra Real Estate Regulatory Authority (MahaRERA).
The complainant sought cancellation of the agreement as the developer had failed to refund the amount paid in respect of the said flat and claimed a refund of Rs. 45 lakh from the developers along with the cancellation of the agreement.
After hearing the arguments of both the parties, the bench inferred that the developers had paid over 90 per cent of the money to the complainant towards the cost of the said flat.
The bench also stated that the agreement for sale drafted by the developer does not carry any schedule of payment as required by the model agreement prescribed under the Act and Rules. Hence, the complainant could not seek cancellation of the registered agreement by invoking the convenient clause in the agreement. The bench thereby dismissed the complaint filed by the promoter.