Dubai-based Indian cancelled 2 flats, builder claims deductions; what MahaREAT ruled

Delayed possession of homes can cause grievances to homebuyers. But, what if the builder inserts clauses of deductions if you cancel the booking and ask for a refund?In one such case the Maharashtra Real Estate Appellate Tribunal (MahREAT), Mumbai, has recently ruled in favour of a Dubai-based homebuyer. The dispute involved an arbitrary and one-sided condition inserted by a builder in the allotment letters.What the case is aboutThe case involved an Indian homebuyer based in Dubai who had booked two flats with a Mumbai-based builder. Despite the promised possession date having passed by more than a year, the homebuyer still did not have possession of the flats.In 2015, the homebuyer decided to purchase two flats being offered by a Mumbai-based builder. The agreed purchase prices were Rs 2.35 crore and Rs 3.17 crore for the two flats, respectively.