Haryana RERA Orders Builder to Refund Rs 6 Lakh to Homebuyer

                Gurgaon: 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 : Times of India