Can't ignore homebuyers’ plight in affordable projects: Tribunal

The Haryana Real Estate Appellate Tribunal has made it clear that it “cannot turn a blind eye to the grievance of the allottees, particularly in the ‘affordable category’, while directing the maintenance of complete status quo in a housing project at Gurugram. The builder was also restrained from creating third-party rights in the unit in question, with the tribunal making it clear that any rights already created would remain subject to the final outcome of the appeal under the doctrine of “lis pendens”.

The ruling by the Bench of Chairman Justice Rajan Gupta and Member (Technical) Rakesh Manocha came on an appeal filed by an allottee challenging Gurugram authority’s order dated January 23. It had directed the promoter to refund Rs 7,04,880 to the appellant after deducting Rs 25,000 as cancellation charges, along with interest.

The appellant assailed the order, contending that the project was floated in 2022, but despite the due date of possession being April 20, 2026, no habitable units had come up by then. With prices of units escalating, the builder allegedly resorted to the tactic of cancelling the allotments, the complainant’s unit being one of them.

The counsel submitted that the refundable amount of Rs 25,000 was hastily credited into the appellant’s account by the promoter on March 25, 2025, without his consent. Taking note of these assertions, the Bench issued notice for September 16, also on the application seeking condonation of delay.

The tribunal ordered that the complete original file relating to the appellant’s allotment be produced before taking note of the counsel’s contention that not just the complainant but other similarly placed allottees too were suffering at the hands of the respondent-promoter.

“The Appellate body, which is entrusted with the task of regulating the sale, transfer etc. of apartments in a transparent manner, cannot turn a blind eye to the grievance of the allottees, particularly in the affordable category,” the tribunal recorded in its order.

The order has also been forwarded to the Secretary, HRERA, Gurugram.