Rera Haryana orders realtor to refund cash payment, refers case to I-T dept

Time of India

2 days ago

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Chandigarh: Targeting black money in the real estate sector, the Real Estate Regulatory Authority (Rera) Haryana has begun referring cases involving cash transactions above Rs 2 lakh to the
income tax department
for investigation.
In a recent case, the Panchkula bench of Rera Haryana directed a realtor to refund Rs 10 lakh received in cash from a buyer for a flat in Panipat, along with Rs 7.73 lakh in interest — calculated at an annual rate of 10.9%. The buyer, Jasvir Singh from Panipat district, had lodged a complaint against Real Heights Developers, Panipat. He substantiated his claim by presenting a complete record of his income and a proper receipt for the cash payment.
The builder, however, refused to provide a specimen of his signature on the cash receipt, further strengthening the complainant's case.
The order was passed by Rera members Geeta Rathee Singh and Chander Shekhar after hearing the case at the Panchkula bench.
The complaint was filed on July 6, 2020, for violation or contravention of the provisions of the Rera Act or the rules and regulations made thereunder. It was prescribed that the promoter shall be responsible for fulfilling all obligations, responsibilities, and functions towards the allottee as per the terms agreed between them.
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The complainant booked a residential flat with a 2BHK+study type residential plot in the real estate project 'Harmony Homes', an Affordable Group Housing Colony at Sector 40, Panipat, Haryana, on June 9, 2018, by making a payment of Rs 1,18,537 through cheque against the booking application form. The total sale consideration of the flat booked by the complainant was fixed at Rs 23,50,000.
On June 26, 2018, the complainant further deposited a payment of Rs 10,00,000 in cash with Sanjay Gupta, director/partner of the company.
The company issued a cash receipt acknowledging the deposit of Rs 10,00,000. The receipt specifically mentions 'confirmed booking' in respect of the flat booked by the complainant.
The company refunded only Rs 1,18,537, which was paid by cheque, to the complainant but did not refund the remaining Rs 10 lakh received in cash.
Aggrieved by this, the complainant approached Rera for a refund of his money. Opposing the complainant, the company submitted that the complainant deliberately failed to come forward to make payment of the remaining amount as he was unsatisfied with the allotted unit on the 14th floor and wished for a flat on the 2nd floor.
The company outrightly denied the complainant having made this payment against the booked unit. It was also argued that the receipt of Rs 10 lakh received in cash was forged by the complainant.
During the hearing, the authority noted that the receipt of Rs 10 lakh received by the company in cash bears the stamp of the company along with the signatures of Sanjay Gupta, head of the company. However, on closer inspection of the handwritten receipt, it was ascertained that the stamp on the handwritten receipt is the same as the stamp on the receipt of the amount of Rs 1,18,537 paid via cheque.
Sanjay Gupta, director of the company, appeared before the authority and refuted the signatures. To verify the contending claims, the authority asked him to submit his signatures for a forensic examination, which he denied. The complainant, on the other hand, fully disclosed the source of the cash he deposited.
After hearing all the parties, the authority held that the promoters use their dominant position to make wrongful gains at the behest of innocent homebuyers, as in the present case.
"It is the very essence of the Act and its regulations to put a stop to such malpractices which make the allottees lose faith in the system, or else the very purpose of the enactment of the Act is defeated. The authority deems it right to acknowledge the fact that a cash payment of Rs 10 lakh was made by the complainant to the company prior to the allotment to secure his booking.
However, upon unsuccessful allotment, the respondent saw a window of opportunity and evaded the responsibility towards the present complainant by dismissing his claims of Rs 10 lakh payment," the bench held.
The authority also observed that cash payments of more than Rs 2,00,000 have exchanged hands. "This authority directs the office of the authority to send a copy of this order to the director general investigation, Sector 17, Chandigarh, to take appropriate steps as per law," held the bench while disposing of the matter.
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