Haryana RERA Orders Refund To Homebuyer Of Mahira Homes - 104 Following Revocation Of Project's Registration
Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), directed M/s Czar Buildwell Pvt. Ltd, to refund the amount paid by the homebuyer of Mahira Homes 104 along with interest following the revocation of the project's registration. On 11 March 2024, authority revoked the registration of five projects of the builder which include Mahira Homes...
Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), directed M/s Czar Buildwell Pvt. Ltd, to refund the amount paid by the homebuyer of Mahira Homes 104 along with interest following the revocation of the project's registration.
On 11 March 2024, authority revoked the registration of five projects of the builder which include Mahira Homes Sector 104, Mahira Homes Sector 68, Mahira Homes Sector 103, Mahira Homes Sector 63A and Mahira Homes Sector 95.
Background Facts
On 03.12.2021, The homebuyer (Complainant) was allotted a 3 BHK flat in the builder's (Respondent) affordable group housing project named Mahira Homes-104, located in Sector 104, Gurugram.
The total sale consideration of the flat was ₹26,50,886, of which the homebuyer paid ₹6,62,607 to the builder. The builder and homebuyer entered into a builder-buyer agreement on 14.02.2022. According to agreement builder was supposed to hand over possession of the flat by 27.04.2026.
Homebuyer learned from news that builder was involved in some fraud and bank that provided home loan refused to pay further installments to builder.
Aggrieved by this homebuyer decided to withdraw from the project on 21.09.2022 and requested a refund from builder. However, after not receiving the refund homebuyer filed a complaint with the authority seeking a refund of the money paid along with interest.
Observation and Direction by Authority
Authority noted that on 28.05.2022, they had started a suo moto action against the builder as per the section 35 of RERA, 2016. Authority also noted that on 17.05.2022 Director of Town & Country Planning (DTCP) blacklisted builder for submitting fake bank guarantees and forging bank official signature.
The Authority further noted that on July 19, 2022, it froze all the accounts of builder due to non-compliance with RERA, 2016. On September 6, 2023, the Authority began proceedings to revoke the project's registration under Section 35 of the RERA, 2016.
Finally, the Authority noted that on March 11, 2024, it revoked the project's registration certificate under Section 7(1) of the RERA, 2016. As a result builder cannot sell any unsold flat in project and their accounts remain frozen.
Based on these grounds authority directed builder to refund the ₹6,62,607 paid by homebuyer along with 11.10% per annum interest.
Case – Sanjay Sharma Versus M/s Czar Buildwell Pvt. Ltd
Citation – Complaint no – 5985 of 2023
Date of Order - 23.10.2024