Mere non execution of agreement for sale, allottees are not precluded from invoking section 18 of RERA, 2016 – Mr. Benedict Fernandes Vs. Kohinoor Developers – Maharashtra REAT
Mere non execution of agreement for sale, allottees are not precluded from invoking section 18 of RERA. The provisions of Section 18 of RERA Act can equally be invoked in terms of oral or formal agreement executed by the promoter/ developer such as booking letter/ confirmation letter/ letter of allotment, correspondence etc. capable of being construed as an agreement. Admittedly, the present project is an ongoing project. As per view taken by this Tribunal in catena of cases all provisions of RERA are applicable to this project.