Haryana RERA Orders ALM Infotech To Refund Amount Paid By Homebuyer Of ILD Grand

Background Facts

On July 31, 2012, the homebuyer (Complainant) booked a flat in the builder's (Respondent) project named ILD Grand, located at Sector 37C, Gurugram, by making a payment of Rs. 15,00,166 to the builder. The total consideration for the flat was Rs. 88,58,215.

The homebuyer initially booked the flat under the subvention scheme, but the builder later changed it to the construction-linked payment plan on February 18, 2013.

On March 4, 2015, an apartment buyer agreement was executed between the homebuyer and the builder, in which the builder promised to hand over possession of the flat within 36 months from the date of execution (i.e., March 4, 2018).

The homebuyer paid a total sum of Rs. 84,20,089 out of the Rs. 88,58,215 to the builder to purchase the flat. However, despite making more than 90% of the payment, the builder failed to provide him with possession on the promised date.

Therefore, feeling aggrieved, the homebuyer filed a complaint before the authority seeking a refund of his amount with interest.

Observation and Direction by Authority

The authority referred Clause 9 of the agreement for sale, which stipulated that if there are no force majeure events, all necessary approvals are granted, and the homebuyers meet all obligations, including timely payments and compliance with formalities, the builder will complete construction within 36 months from the agreement date.

The authority further observed that, according to the apartment buyer agreement, the builder was expected to provide possession of the flat by September 4, 2016 (including the 6-month grace period). However, the builder has neither completed the construction of the project nor made any offer of possession to the homebuyer. Therefore, the homebuyer is entitled to receive a refund under Section 18 of the Real Estate (Regulation and Development) Act, 2016, as the homebuyer cannot wait indefinitely for possession.

Therefore, the authority directed the builder to refund Rs. 84,20,089 paid by the homebuyer for the flat, with 10.95% interest per annum, within 90 days.

Case – Atiqur Rahman Ansari Versus M/s ALM Infotech City Private Limited,

Citation – Complaint no - 960 of 2023

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