Haryana Real Estate Regulatory Authority (HARERA), Gurugram, has directed Ramprastha Developers Private Limited to refund the principal amount realised from an allottee along with interest for failing to give possession of a flat and thereby breaching the terms and conditions executed between the two parties. The order, based on a complaint lodged by the allottee, was issued last week.
It stated that the allottee will also be entitled to claim the litigation cost and compensation,
as deemed fit by a Supreme Court-appointed Adjudicating Officer (AO), which is the norm in such cases.
The rate of interest will be as prescribed under the Haryana Real Estate (regulation and development) Rules, 2017, and has to be calculated from the date of each instalment paid by the allottee till the date of the refund.
The complainant had filed a complaint with the Authority in December 2019 wishing to withdraw from the project and demanding a refund of the amount paid to the promoter for its inability to give possession of the flat by July 2014, as per the terms of their agreement. The allottee had booked a flat in Ramparastha’s Skyz project in Sector 37D, Gurugram in July 2011.
“Accordingly, 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,” the order issued by HARERA’s stated.
Ashok Sangwan, a member of the regulatory body, said, “HARERA acts as per the laid down acts and rules to decide such matters. The authority has to protect the interest of the allottees”.
