Seven buyers who booked commercial shops in a stalled real estate project have won a significant legal battle, with the Gujarat real estate regulator ordering full refunds plus 9 percent annual interest. The ruling against the promoters of Tulsi Patra Residency sends a clear message: deregistering a project does not absolve developers of their obligations to paying customers.
The developers had argued that since the project was no longer registered with GujRERA, the authority had no jurisdiction to hear the complaints. They also made an audacious claim: that the money received from buyers — some as high as Rs 31 lakh — was treated as an “unsecured loan” rather than a booking advance. No formal allotment letters or sale agreements, they contended, meant the complainants were not legally “allottees” under the RERA Act. The authority rejected every argument. A bench noted that its jurisdiction extends to any project that was, or ought to have been, registered. The “unsecured loan” claim was dismissed as unconvincing, particularly given documentary evidence including bank statements, allotment letters, and receipts signed by one of the project’s partners.
For the seven buyers — who had collectively paid sums ranging from approximately Rs 22 lakh to over Rs 41 lakh per shop — the order brings closure to years of uncertainty. The developers had sought deregistration in August 2021 citing financial constraints, leaving purchasers in legal limbo. GujRERA approved the deregistration the following month, but without disclosing the pending allotments — a lapse that prompted the authority to order suo motu action against the promoters. Urban real estate analysts point to this case as a test of whether RERA can protect buyers when developers simply walk away. Section 18(1) of the Act entitles allottees to a full refund with interest if possession is not offered. But developers have increasingly tried to bypass this by claiming projects were never formally registered or that payments were structured as loans — a practice that a legal expert described as “creative accounting with devastating consequences for ordinary buyers.”
The ruling orders refunds of principal amounts plus 9 percent interest per annum. But for many stalled projects across Gujarat and beyond, the larger question remains: how many buyers lack the resources or awareness to fight such battles in the first place? What changes next is whether regulators begin proactively auditing deregistered projects for undisclosed allotments — before buyers are forced to file complaints.
GujRERA orders refunds for stalled Surat project