Telangana RERA Dismisses Homebuyer's Complaint Over Sale Deed Dispute
The Telangana Real Estate Regulatory Authority (TG RERA) has dismissed a homebuyer's complaint seeking interest on ₹62.5 lakh paid for an apartment, which the buyer cancelled after the developer refused to amend the sale deed.
The Case
- A homebuyer booked a flat in a Hyderabad residential project in 2024 and paid over ₹62.5 lakh, which is more than 65% of the total consideration of about ₹93 lakh.
- The dispute arose when the developer shared a draft sale deed ahead of registration.
The buyer objected to several aspects of the draft, including alleged omissions regarding title documents, parking details, and TDS references, and other particulars. He sought revisions before proceeding with the final payment and registration.
TG RERA's Ruling
TG RERA stated that a buyer cannot insist on a specific sale deed format because neither the Real Estate (Regulation and Development) Act, 2016, nor the Telangana RE(R&D) Rules, 2017, mandate such a format.
The authority observed that the dispute centred largely on differences over the drafting of the sale deed rather than any proven violation of law.
"In the absence of any established violation of the provisions of the Real Estate (Regulation and Development) Act, 2016, and in the absence of proof that the promoter failed to discharge any statutory obligation, this Authority is of the considered view that the Complainant is not entitled to the reliefs sought," the order dated March 13 said.
TG RERA further noted that the buyer's objections were largely related to drafting preferences and did not establish any statutory non-compliance by the developer.
No Statutory Mandate Exists for a Specific Sale Deed Format
TG RERA clarified that while RERA provides a model format for an agreement for sale, there is no prescribed or mandatory format for executing a sale deed under the Act or the Telangana Rules.
"At the outset, this Authority finds it necessary to observe that neither the RE(R&D) Act, 2016, nor the Telangana RE(R&D) Rules, 2017, prescribe any mandatory or uniform format for a sale deed. The statutory framework under RERA provides a model format only for the agreement for sale, with the object of ensuring transparency at the pre-conveyance stage," the authority said in its order.
Conclusion
TG RERA held that the contents of a sale deed are governed by the agreement between the parties and general registration laws, and an allottee cannot insist on including clauses or formats that are not legally required.
Accordingly, this Authority holds that the complaint is devoid of merit and is liable to be dismissed," the authority said.
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