Operation Of One Transaction In Two Different Stages Under The RERA Regime

Introduction:

The Maharashtra Real Estate Regulatory Authority ("RERA Authority") in the case of Anita Castellino vs. Godrej Landmark Redevelopers Private Limited vide its final order dated 22nd January, 2019 has whilst dismissing the complaint, dealt with an important legal issue i.e. whether Section 12 and Section 18 of the Real Estate (Regulation and Development) Act, 2016 ("Act") operate at two different stages of the same transaction in two different spheres.

Facts:

Anita Castellino ("Complainant") booked a flat ("Flat") in the project 'Godrej Central' ("Project") of Godrej Landmark Redevelopers Private Limited ("Promoter"). The Complainant whist seeking to withdraw from the Project and claiming refund along with interest and/or compensation under Section 12 of the Act, inter-alia contended that (i) the sales team of the Promoter falsely led her to believe that (i) the Flat would be located at the dead end of the podium adjacent to which no car would be