Gurugram, Nov 19 () The Real Estate Regulatory Authority (RERA), Gurugram, has directed Ansal Housing Limited and its promoter to refund the amount to the allottee with interest since it failed to fulfil the commitment of mutual agreement and deliver the unit on time to the allottee.
The authority gave this direction while deciding Anamika Chowdhary and Savita Madan vs Ansal Housing Limited case.
The project Ansal Heights in which the complainant booked the unit is located at Sector 86, Gurugram.
“The authority, hereby, directs the promoter to refund the amount received by him Rs 78.04 lakh and that with interest at the rate of 10.25 per cent as prescribed under Rule 15 of the Haryana real estate (regulation and development) Rules 2017 from the date of each payment till the actual date of refund of the amount within the timelines provided in Rule 16 of Haryana Rules 2017,” said the court order.
Chaudhary and Madan after waiting endlessly for three and a half years after the expiry of the due date of the possession of the unit moved an application to the RERA in February 2021 seeking a refund of their hard-earned money from the defaulter promoter.
The court in its order directed the promoter to refund not only the principal amount but also the interest as mandated under the Act 2016, stated the allottees’ entitlement for compensation and other relief.
An agreement for the sale of the unit between the parties – complainant allottee and promoter – was executed on May 26, 2014, that the promoter had to hand over the possession of the unit well within 42 months plus six months grace period that expired on October 01, 2017.
“The authority is of the view that the allottee cannot be expected to wait endlessly for taking possession of the allotted unit and for which complainant has paid a considerable amount to promoter towards the sale consideration as observed by the Supreme Court of India,” said the order.
Further in the judgement of the Supreme Court in the cases of Newtech Promoters and Developers Private Limited vs State of UP and others reiterated in the case of Sana Realtors Private Limited & other vs Union of India & others was observed: that the unqualified right of the allottee to seek a refund under the Act is not dependent on any contingencies or stipulations thereof.
If the promoter fails to give possession of the plot, flat or building within the time stipulated under the agreement regardless of unforeseen events, the promoter is under an obligation to refund the amount on demand with interest and if the allottee doesn’t wish to withdraw from the project, he shall be entitled to interest for the period of delay till handing over the possession, stated the RERA order, quoting apex court judgement.
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