Haryana RERA Directs Ansal Builders To Refund Booking Amount Paid By Complainant For Purchasing Shop

The complainant approached the authority after the builder retained the booking amount following the complainant's withdrawal from the project in 2022 due to delays in receiving possession of the shop.

Background Facts

The complainant booked a shop in the builder's (Respondent) commercial project named Ansals Hub 83 Boulevard located at Sector 83, Gurugram by making a payment of Rs. 7,00,000/-. The total sale consideration for the shop was Rs. 65,24,870/-.

After paying the booking amount the complainant approached the builder multiple times requesting payment receipts or any acknowledgment for the booking of the ground floor shop. However, the builder neither responded nor executed any sale agreement or signed any Memorandum of Understanding (MOU).

At the time of booking the builder had assured the complainant that possession of the shop would be handed over within 42 months from the commencement of the project. However, the builder failed to hand over the possession.

Due to the delay and lack of satisfactory response the complainant decided to cancel the booking and demanded a refund of the booking amount. However, the builder did not refund the booking amount citing a lack of funds and other pending claims.

Furthermore, even after the cancellation of the booking the builder continued to raise demands from 2014 to 2020 to the complainant. Aggrieved by the builder's actions the complainant filed a complaint before the authority seeking a refund of his booking amount.

Observation and Direction by Authority

The Authority noted that the builder neither executed an agreement for sale nor issued any allotment letter. Therefore, to determine the possession date the authority referred to the case of Fortune Infrastructure vs. Trevor D'Lima (Civil Appeal No.3533-3534/2017) where Supreme Court held that three years is a reasonable time for the completion of the project. Based on this the Authority held that the due date for possession of the flat was 16.04.2017.

Authority observed that there is delay in handing over the possession. The due date for possession was April 16, 2017 but the builder has not yet obtained the occupation certificate from the concerned authorities. Therefore, builder cannot retain the amount paid by complainant.

Therefore, the Authority directed the builder to refund the full booking amount of 7 lakhs paid by the complainant along with 11.10% interest.

Case – Poonam Bhatia Versus M/S Ansal Housing and Construction Limited

Citation – Compliant No: 5391 of 2023

Date – 20 November