Gurugram: Haryana Real Estate Regulatory Authority (HRERA) court in Gurugram on Tuesday directed the International Land Developers (ILD) to refund the principal amount with interest to the allottee.
“The Authority hereby directs the promoter (ILD) to return the amount received by him from the allottee with interest at the rate 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 the Haryana Rules 2017,” the court said while deciding the case in favour of aggrieved allottee.
Rule 16 of Haryana Rules 2017 states any refund shall be payable by the promoter to the allottee within 90 days from the date on which such refund has been ordered by the court.
The complainant booked an apartment in the ILD Arete group housing project signing a BBA on June 10, 2015, and its due date of possession was December 10, 2019.
The promoter failed to deliver the apartment to the allottee even at the time the matter landed in the RERA court on August 2, 2021, after complainant wished to withdraw from the project, seeking a refund with interest.
The court observed that the due date of possession as per the agreement for sale is December 10, 2019, and there is an apparent delay of one year seven months and 23 days on the date of filing of the complaint.
“The promoter is responsible for all obligations, responsibilities and functions under the provisions of the Act 2016 or the rules and regulations made thereunder or to the allottee as per the agreement for sale under section 11(4)(a). The promoter has failed to complete or is unable to give possession of the unit in accordance with the terms of the agreement. Accordingly, the promoter is liable to return the amount received by him in respect of the unit with interest,” the order said.
(IANS)
