Pay Rs 1.56 cr for delay in flat possession: HRERA to Faridabad realtor

Faridabad, March 13

The Haryana Real Estate Regulatory Authority (HRERA), Panchkula, has ordered a builder to pay Rs 1.56 crore to a local resident. The order comes in response to a complaint lodged against the builder for not providing “valid possession” of the flat under a group housing scheme within the stipulated time.

No occupation certificate

• Jayshree Gaur had moved HRERA, Panchkula, on Nov 2, 2020, seeking a refund from the builder of Royal Heritage
• It is claimed that though the possession was being offered, it was without the occupation certificate

Jayshree Gaur had filed a complaint with HRERA on November 2, 2020, seeking a refund of the money deposited by her with the builder of Royal Heritage, a high-rise residential society in Sector 70 here, claiming that despite a payment of Rs 82.70 lakh under a construction-linked plan for a duplex purchased by her, the builder failed to provide possession even after seven years though it was supposed to be handed over within 42 months from the date of booking.

According to the complainant, while she had been allotted the flat, having a super area of 2,525 sq ft on May 28, 2013, the builder-buyer agreement was executed on June 19, 2013, for the flat, priced at Rs 1,11,79,663.

After the builder failed to provide the possession of the flat on time, the complainant sought a refund on July 19, 2017. It is claimed that though the possession was being offered, it was without the occupation certificate.

After she did not get a reply to her request for refund, a legal notice was served on the builder on December 19, 2017. However, according to the complainant, the builder, instead of refunding the money, sent a fresh demand for Rs 26.29 lakh on account of various charges.

While the builder offered two lower-cost flats in return for the original booking, the complainant stuck to her demand for the refund of the amount paid by her.

The regulatory body directed the respondent to refund the entire amount — Rs 1,56,26,833 (including interest) — to the complainant within 90 days, failing which, it said, legal consequences would follow.