The Haryana Real Estate Regulatory Authority (HRERA), Gurgaon, has instructed Ramprastha Developers Private Limited to reimburse the principal amount collected from a buyer, along with interest as per the rates stipulated in the Haryana Real Estate (Regulation and Development) Rules 2017. This directive comes in response to the developer’s failure to deliver possession of a unit, thereby breaching the agreed terms and conditions between the parties.
The aggrieved party had reserved a unit in the Skyz project in Sector 37 C of Gurgaon in July 2011, and the possession was due by July 2014. In December 2019, the complainant approached HRERA, seeking withdrawal from the project and requesting a refund of the amount paid to the developer, along with interest. This claim was based on the developer’s failure to complete the project and the subsequent inability to provide possession as per the agreed terms.
In a recent ruling, HRERA declared that the allottee is also eligible to seek reimbursement for litigation costs and compensation. The order referred to a Supreme Court decision, stating that an allottee has the right to claim compensation and litigation charges, which will be determined by an adjudicating officer.
The order specified that interest should be calculated from the date of each payment until the actual refund date, within the timelines outlined in Rule 16 of the Haryana Real Estate (Regulation and Development) Rules, 2017.
The order emphasized, “…the promoter is obligated to refund the amount received from the allottee wishing to withdraw from the project. Without prejudice to any other available remedy, this refund must include interest at the prescribed rate.”
Ashok Sangwan, a member of HRERA Gurgaon, stated, “The authority is committed to safeguarding the interests of the allottees.”