GURUGRAM: In a significant victory for homebuyers, Haryana Real Estate Regulatory Authority (HRera) has ruled in favour of complainants who alleged “unfair practices and delays” by real estate developer Orris Infrastructure Pvt. Ltd.
The dispute centred around a 2BHK apartment in Tower 2A of Aster Court in Sector 85 where the complainants claimed the developer altered project plans and imposed unjustified additional charges.
In its Feb 2 order, HRera ruled in favour of the complainants and issued directions that the developer must pay 11.1% annual interest on the paid amount as delay possession charges. The developer is also directed to legally transfer ownership of the apartment to the complainants. The regulator directed that the builder cannot demand extra fees beyond the signed apartment buyer agreement, including holding charges.
The developer did not respond to the queries regarding allegations by the homebuyers and the order issued by the regulator.
The issue dates back to 2010, when the original allottees, Gaurav Suryavanshi and Mrs Silky Suryavanshi, booked an apartment in Aster Court for Rs 37.81 lakh. At the time of booking, the developer assured that Tower 2A would have only nine floors and offer premium living conditions. However, key approvals for the tower were not in place, delaying the allotment letter until July 2011.
Subsequently, the original allottees sold the unit to the complainants Pradeep Bhatia and Deepti Dua, residents of Sector 52 in the city, who secured a home loan to finance the purchase. However, they later discovered multiple layout plans for the same apartment, which were not disclosed earlier. They also alleged that the developer unilaterally increased the apartment area, demanding additional charges without proper justification.
In the complaint, they alleged the developer sold apartments without necessary building approvals. “Also, we were pressured to shift from apartment 802 to 906 under threat of cancellation and forfeiture of payments. Further, the developer demanded Rs 7.77 lakh for area expansion and later added another Rs 4.36 lakh, which was not part of the original agreement,” the complainant said in his complaint.
The complainant added that though 95% of the total payment was collected by 2014, possession was delayed until 2018, causing financial distress to buyers.
Source Homevior.in
