Harshit Harish Jain & Anr. Vs State Of Maharashtra & Ors. (Supreme Court of India)
Supreme Court held that Chief Controlling Revenue Authority lacked any express statutory power to review or recall its own decision. Thus, once refund is granted by CCRA it cannot review the same and reject refund application.
Facts- The Appellants entered into an Agreement to Sell dated 30.08.2014 with a real estate developer, M/s. Krona Realties Pvt. Ltd. (the Developer), for the purchase of a residential flat at Mumbai. Pursuant to the execution of the Agreement to Sell, the Appellants paid stamp duty of ₹27,34,500, as mandated under the Act. The said Agreement was registered on 18.09.2014, upon payment of an additional registration charge of ₹30,000.
Sometime thereafter, on 05.11.2014, the Developer informed the Appellants of unavoidable delays tied to issues involving adjacent slums, thereby making it impossible to hand over possession of the flat by 31.03.2017, the date earlier envisaged. The Developer offered three options to the Appellants: (i) transfer the booking to another project, (ii) opt for cancellation with a refund along with interest at 12% per annum, or (iii) continue with the present booking but with a revised possession timeline. The Appellants chose to cancel the booking.
