Pulkit Jain filed a complaint on Choice4Voice.com against Sare Saamag Reality Pvt Ltd, alleging non-payment of refund despite a UP RERA order in his favour for Sare Homes Springview Heights flat D-0605.
Complaint Summary : Sare Saamag Reality Pvt Ltd Refund Complaint – Pulkit Jain Alleges Non-Compliance with UP RERA Order
| Details | Information |
|---|---|
| Complainant Name | Pulkit Jain |
| pu*****@gmail.com | |
| 99*****02 | |
| Complaint Type | Refund not issued |
| Company/Brand | Sare Saamag Reality Pvt. Ltd |
| Product/Service | RERA Order (Flat D-0605, Springview Heights) |
| Order/Service No. | NCR145/08/1723/2019 |
| Issue Description | Builder stopped paying pre-EMIs under subvention scheme, construction halted, bank initiated SARFAESI threats, complainant’s CIBIL score destroyed. Despite UP RERA order dated 22 September 2021, refund has not been released. |
| Date of Incident | 22 March 2015 |
| Company’s Response | Several refusals to refund |
| Additional Comments | Complainant highlights personal financial distress and urgent need for refund. |
Full Complaint Details
A verified complaint has been submitted by Pulkit Jain against Sare Saamag Reality Pvt Ltd through Choice4Voice.com.
The complainant booked Flat D-0605 in Sare Homes Springview Heights on 22 March 2015 under a subvention scheme, where the builder was responsible for paying the pre-EMI until possession. However:
- The builder stopped paying pre-EMIs midway.
- Construction work was halted indefinitely.
- The bank started demanding repayment, threatening SARFAESI proceedings.
- The complainant’s CIBIL score was severely impacted, leading to financial stress.
- To survive, the complainant had to borrow money from relatives and take loans against LIC policies.
Despite obtaining a favourable UP RERA order on 22 September 2021, the builder has not released the refund to date.
This non-compliance has caused immense financial hardship, mental distress, and reputational damage to the complainant.
Legal Implications & Consumer Protection
This case highlights serious violations of consumer and real estate laws.
Relevant Legal Provisions:
- Real Estate (Regulation and Development) Act, 2016 (RERA)
- Section 18: Entitles the buyer to a refund with interest and compensation if the builder fails to deliver possession.
- Section 19(4): Protects the buyer from liability for payments not contractually obligated (such as pre-EMIs in subvention schemes).
- Section 40: Allows recovery of refund amounts by treating them as arrears of land revenue if the builder defaults on a RERA order.
- Consumer Protection Act, 2019
- Deficiency in service and unfair trade practice for failing to comply with agreed subvention scheme terms.
- Right to compensation for mental harassment, loss of creditworthiness, and financial losses.
- SARFAESI Act Misuse
- Threatening buyers with SARFAESI action despite builder default is questionable and can be challenged legally.
Remedies Available to the Complainant
- Execution of RERA Order: File an execution petition with UP RERA to enforce the 22 September 2021 order.
- District Consumer Commission: Seek compensation for financial stress, harassment, and CIBIL damage.
- High Court Writ Petition: Approach the High Court if the builder continues to defy RERA directives.
- Criminal Proceedings: Explore filing FIR under Section 420 IPC (cheating) and Section 406 IPC (criminal breach of trust).
- Civil Recovery Suit: Recover money with interest through civil court proceedings.
How Choice4Voice.com Assists
At Choice4Voice.com, we publish verified consumer complaints to amplify the voices of affected homebuyers.
- We create public accountability by highlighting unresolved RERA and refund cases.
- Personal data of complainants is kept confidential while ensuring transparency.
- Our mission is to empower consumers with awareness of legal remedies and pressurize companies to act responsibly.
- In cases involving real estate disputes, we emphasize the importance of legal enforcement of RERA orders.
Frequently Asked Questions (FAQs)
Q1: What happens if a builder does not comply with a RERA order?
The buyer can file an execution petition, and the RERA authority can recover the money as land revenue arrears.
Q2: Can a homebuyer approach consumer court after a RERA order?
Yes, consumer courts can be approached for compensation in addition to refunds.
Q3: What is SARFAESI action?
SARFAESI allows banks to recover loans without court intervention. However, in subvention cases, the liability lies on the builder, not the buyer.
Q4: Can banks be held accountable in such disputes?
Yes, if banks acted against the loan terms, complaints can be filed with the Banking Ombudsman or consumer court.
Q5: How long does RERA take to enforce orders?
Execution may take time, but the buyer can file repeated petitions for enforcement and even move to High Court.
Q6: Can the complainant claim interest on the refund?
Yes, as per RERA Section 18, the buyer is entitled to a refund with interest and compensation.
Q7: Is mental harassment compensation possible?
Yes, consumer courts often award damages for mental agony, loss of reputation, and financial pressure.
Q8: What should a buyer do if construction halts indefinitely?
File a complaint under RERA for refund, interest, and compensation.
Q9: Can a police complaint be filed against the builder?
Yes, under cheating and fraud provisions if there is deliberate default.
Q10: Does Choice4Voice.com provide legal help?
We do not provide direct legal representation, but we guide consumers on available legal remedies and escalation paths.
