GURUGRAM: The Haryana Real Estate Regulatory Authority (H-Rera) this month ordered the developer of a residential project in Sector 103 to refund Rs 5.8 lakh paid by a homebuyer to book a flat in 2019 along with annual interest of 11% for failing to honour its commitments.
HRera gave the ruling after the homebuyer filed a petition to the authority.
The buyer, Bharat and Poonam Gupta, had booked a 2BHK flat in Mahira Homes in April 2019 for up-front amount of Rs 1.15 lakh. The Guptas received a letter on July 1, confirming that flat number 703, spanning 570sqft, in Tower G was allotted to them for a basic sale price of Rs 23.3 lakh.
The buyer paid an additional Rs 4.7 lakh via cheque, bringing the total payment to Rs 5.88 lakh, but the developer did not issue a receipt for this payment.
The same month, the buyer also sought a builder-buyer agreement from the developer to get a home loan, but the developer refused, citing lack of environmental clearance certificate for the project by the govt.
Despite this, the homebuyer alleged, the developer continued raising demands for further payments for the flat.
The buyer was also refused a home loan by the Punjab National Bank, and in Jan 2020, Mahira Homes cancelled the flat’s booking unilaterally, he alleged.
The homebuyer in Jan last year approached HRera, alleging that the developer was not refunding the amount paid by him after the flat was booked.
The regulatory authority noted in its hearings on Jan 17 and Feb 21, 2024, that the developer did not file any responses despite multiple directives.
On Feb 5, HRera struck off the defence and ruled in favour of the homebuyer, saying that the developer of Mahira Homes violated Section 13(1) of the Real Estate (Regulation and Development) Act, 2016, which prohibits collecting more than 10% of the total price of a property without executing a sale agreement.
Additionally, HRera also observed that project had since come under regulatory scrutiny as its accounts were frozen and the developer was blacklisted in May 2022 due to several violations. On March 11, 2024, HRera revoked the project’s registration as well to prevent the developer from selling unsold units.
Citing these factors, HRera ordered the developer to refund the full amount paid by the homebuyer along with 11.1% annual interest. The developer has 90 days to comply, failing which further legal action will be taken.
Source Homevior.in
