Real Estate Regulatory Authority (RERA) Gurugram has directed developer Vatika Limited to refund a homebuyer’s money along with interest after it failed to deliver the property on time.
In his complaint, the allottee said he was promised possession of the unit on March 19, 2017.
However, after waiting for more than five years, he moved a petition in the RERA court on May 13 seeking a refund along with compensation and legal expenses.
The total sale consideration of the unit was more than Rs 1.6 crore and the allottee had paid more than Rs 33.5 lakh, which the RERA court has ordered the promoter to refund with interest.
“The authority hereby directs the promoter to refund the amount received by him along with interest at the rate of 10.25 percent as prescribed under Rule 15 of Haryana real estate (regulation and development) Rule 2017 from the date of each payment till the actual date of refund of the amount within the timelines provided in Rule 16 of the Haryana Rules 2017,” the court directed the promoter after the hearing on Thursday.
In another case, the RERA court ordered Emaar MGF Land Limited to refund the amount it took from a homebuyer over a delay in delivery of the unit.
The complainant, Sanjay Mathur, alleged that the promoter did not complete the construction of the property on time.
The complainant had booked a unit in the Digital Greens commercial project of Emaar at Sector 61 and paid more than Rs 34 lakh against a total sale consideration of around Rs 1.10 crore.
The complainant approached the authority in April 2022.
In both cases, the allottees have been held entitled to compensation and legal expenses as well.
Dr K K Khandelwal, chairman of RERA, Gurugram, said, “The Act has clearly provided interest and compensation as separate entitlement/rights which the allottee can claim.”
“For claiming compensation under relevant sections of the Act, the complainants cum allottees may file a separate complaint before AO well prescribed in the Act,” Khandelwal said.
