Delay Of More Than 2.7 Years In Completing Construction Of Project, Haryana RERA Orders Raheja Developers To Refund Rs. 27.98 Lakhs To Homebuyer

Background Fact

The homebuyer (Complainant) booked a flat in the builder's (Respondent) project named Raheja Maheshwara, located at Sector 11 and 14, Sohna, Gurugram by paying Rs. 4,98,103/-.

An agreement to sell was executed between the builder and the homebuyer on 25.04.2017. The total sale consideration of the flat was Rs. 51,88,790/- of which the homebuyer paid Rs. 27,98,439/- to the builder.

As per Clause 21 of the agreement, the builder was supposed to hand over possession of the flat within 48 months from the date of the agreement's execution. However, project faced the delay.

Homebuyer repeatedly contacted the builder for updates on the project's progress but never received a satisfactory response regarding the status of construction or a definite timeline for possession.

Therefore, being aggrieved by the delay the homebuyer filed a complaint before the authority seeking a refund of his paid amount with interest.

Observation and Direction by Authority

The Authority noted that according to the agreement the possession was supposed to be handed over by 25.04.2022. However, over 2.7 years had passed and the builder had neither completed the construction nor offered possession of the flat to the homebuyer.

Authority held that the homebuyer should not be expected to wait indefinitely especially after having paid a significant amount for the flat.

The Authority further noted that no documentation was provided by the builder to show whether an occupation certificate had been applied for or to clarify the current status of the project construction. As a result the homebuyer has rights to withdraw from the project under Section 18 of the Real Estate (Regulation and Development) Act, 2016.

Therefore, Authority directed builder to refund the paid up amount of Rs. 27,98,439/- to the homebuyer with 11.10% interest.

Case – Arun Shrivastava Versus M/S Raheja Developers Limited

Citation – Complaint no 4974 of 2023

Date – 04.12.2024

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