West Bengal REAT Orders Developer to Repurchase Flat Without Completion Certificate After Two Decades

The West Bengal Real Estate Appellate Tribunal (WBREAT) has directed a developer to repurchase a flat that was sold nearly two decades ago. The order came after the flat owner was unable to secure mutation rights due to the absence of a completion certificate (CC) for the building.

The flat, located on Nagendra Nath Road in Nagerbazar, had been registered in 2006, and the owner resided there for 19 years. However, mutation could not be completed because the developer failed to obtain the necessary completion certificate for the G+4 structure. Complicating the issue further, the property was also caught in a legal dispute between the landowner and the developer.

Initially, the West Bengal Real Estate Regulatory Authority (WBRERA) dismissed the complaint filed against the promoter. But the appellate tribunal overturned this decision, setting aside the previous order. WBREAT instructed the promoter to refund the entire purchase amount along with stamp duty and registration charges.

As part of the directive, the buyer has been asked to vacate and return possession of the flat within 45 days. The tribunal clarified that no interest would be imposed on the refund amount since the buyer had already enjoyed possession of the property for nearly two decades.

This ruling underscores the importance of completion certificates, proper documentation, and compliance in real estate transactions across West Bengal. It also highlights the accountability of developers in ensuring that buyers receive legally compliant and mutation-ready properties.

By LNN (Liyaans News Network)