[ad_1]
The Haryana Real Estate Regulatory Authority (HRERA), Gurgaon has directed Ramprastha Developers Private Limited to refund the principal amount it realised from an allottee with interest, at the rate prescribed under Haryana Real Estate (Regulation and Development) Rules 2017, for failing to give possession of a unit and breaching terms and conditions between the two parties.
The complainant had booked a unit in the developer’s Skyz project in Gurgaon’s Sector 37 C in July 2011 and July 2014 was the due date of possession.
In December 2019, the complainant filed a complaint with HRERA for withdrawing from the project and demanding a refund of the amount paid to the promoter with interest for failure to complete and inability to give possession in accordance with the terms agreed.
In an order passed last week, HRERA said that the allottee will also be entitled to claim the litigation cost and compensation. It said that the Supreme Court of India in a matter has held that an allottee is entitled to claim compensation and litigation charges which will be decided by an adjudicating officer.
The order said that the interest amount has to be calculated from the date of each payment till the actual date of refund of the amount within the timelines provided in Rule 16 of the Haryana Real Estate (Regulation and Development) Rules, 2017.
“…the promoter is liable to the allottee wishing to withdraw from the project, without prejudice to any other remedy available, to refund the amount received by him in respect of the unit with interest at such rate as may be prescribed,” said the order.
Ashok Sangwan, member of HRERA Gurgaon, said, “The authority has to protect interest of the allottees.”
[ad_2]
Source link