Haryana RERA Orders Raheja Developers To Refund Three Homebuyers Of Raheja Revanta Project

Background Facts

Homebuyers (Complainants) purchased their respective flats in the builder's (Respondent) project named Raheja Revanta located at Sector 78, Gurugram. Homebuyers entered in to agreement for sale with builder on the same date of 02.06.2012.

As per clause 4.2 of the agreement for sale homebuyers were supposed to receive the possession of their respective flats by 02.12.2016.

The total sales consideration for their flats was Rs. 89,61,829/-, Rs. 89,61,829/- and Rs. 91,33,296/- respectively of which the homebuyers paid Rs. 87,35,212.63/-, Rs. 95,11,620/-, and Rs. 1,14,28,541/-.

Despite paying a substantial amount of the consideration the builder failed to provide possession of the flats. Due to the inordinate delay in the project the homebuyers decided to withdraw from the project and filed a complaint before the authority seeking a refund of the amount paid with interest.

Direction and Observation by Authority

The Authority referred to Clause 4.2 of the Agreement of Sale which stipulated that the builder would deliver possession of the flats within 36 months for Tapas Tower and 24 months for Surya Tower from the date of execution of the agreement.

The Authority observed that the possession clause of the Agreement for Sale was drafted in a vague manner and was heavily biased in favor of the builder.

The Authority noted that the due date for possession as per the agreement for sale was 02.07.2016. However, even after more than 7 years the construction is incomplete and the builder has not offered possession of the allotted flats to the homebuyers. Therefore, the homebuyers are within their rights to withdraw from the project under Section 18(1) of the RERA, 2016.

Consequently, the Authority directed the builder to refund the amount paid by the homebuyers with interest at 11.10% per annum for the delay in handing over possession.

Case – Arvinder Singh Aneia and Preeti Aneja Versus Raheja Developers Limited Along with 2 others

Citation – Complaint No. 2205/2023 and 2 others

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