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Rita Sinha v. M/s Varanya Construction Pvt. Ltd

Rita Sinha v. M/s Varanya Construction Pvt. Ltd

(Real Estate Regulatory Authority Bihar)

Case no. RERA/1021/2021 | 04-07-2022

1. The case of the complainant is that she booked flat bearing no. 401 in the project Sona Sanat Apartment and paid a sum of Rs.30,00,000/- for which Agreement for sale was executed on 13.06.2015. Possession letter was issued to the complainant on 26.06.2019, but as alleged , the respondent has failed to execute registered sale deed in favor of complainant. The complainant has filed the present case seeking direction to the respondent to execute registered sale deed of flat no 401, in favor of the complainant.

2. The complainant has placed on record a copy of agreement for sale of flat dated 13.06.2015.

3. On the last date of hearing, the complainant reiterated his prayer and requested for execution of the registered deed between the parties.

4. The Bench notes that despite issuance of notice respondent failed to appear on last two consecutive dates.

5. After considering the documents filed by both the parties and submissions made by the learned counsel of the complainant, the Bench hereby directs the respondent to execute registered sale deed mentioning the specific flat number within four weeks from issuance of this order and in case of default, they would be liable to pay a penalty of Rs.1,000/- for each day of default.

6. The Bench directs that ban on registration would be relaxed to that extent so as to cover this complainant.

7. With these directions and observations, the matter is disposed of.

Advocate List
Bench
  • Naveen Verma&nbsp
  • Chairman
Eq Citations
  • LQ
  • LQ/RERA/2022/1161
Head Note

Consumer Protection — Deficiency in Services — Real Estate — Delayed delivery of flat — Failure of builder to execute registered sale deed — Direction to builder to execute registered sale deed within stipulated time and in case of default, builder to pay penalty — Specific performance — Real Estate (Regulation and Development) Act, 2016, S. 18 (Paras 5 and 6)