Home Buyers have got a victorious judgement from Haryana RERA

Home Buyers were waiting for written Order from Haryana RERA on their complaints filed in last 4-5 months. Last week, first set of judgement were delivered by Haryana RERA last week in favour of Home Buyers.

The outcome of initial judgement of Haryana RERA is as under:-

1. Complaint No. 176 of 2018 – Abhishek Mehta & Priya Mehta vs. Sare Gurugram Pvt. Ltd.:- Date of Order 14.09.2018.

RERA Authority has directed to the respondent to pay interest at the prescribed rate i.e. 10.45% on the amount paid by the complainants i.e. Rs. 56,90,000/- from the date of possession as per the flat buyer’s agreement i.e. 10th January, 2016 till actual date of handing over possession after adjusting any due against the allottee to be paid within 90 days of this order. The Respondent is further directed to give interest on amount for the month on 10th of the subsequent month.”

RERA Authority has further directed the respondent to apply for registration for phase – III within one month from the date of hearing i.e. 25.07.2018 as partial occupation certificate with the respondent for phase – III was not given and application was not complete in all respect on the date of application and certificate was not granted. Hence, entire phase is not complete and part of the phase – III is still registrable

2. Complaint No. 18 of 2018 – Ramavtar Maheshwari vs. Apex Buildwell Pvt. Ltd:- Date of Order 12.09.2018.

RERA Authority has directed to the respondent to pay interest at the prescribed rate of interest for every month of delay i.e. from due date of possession till the handing over of possession as per Rule 15 of Haryana Real Estate (Regulation & Development) Rules, 2017 which provides that interest payable shall be the State Bank of India highest marginal cost of lending rate plus two percent I.e. 10.15% p.a.

The Authority has further decided to take suo-moto cognizance against the promoter for not getting the project registered and for that separate proceeding will be initiated against the respondent u/s 59 of the Act.”

3. Complaint No. 260 of 2018 – Mukesh Kumar vs. Unitech Ltd. – Date of Order 14.09.2018

RERA Authority has directed to the respondent to refund the money of Rs. 31,65,451/- along with interest at the prescribed rate i.e. 10.45% from the date the respondent has received the amount from the complainant, the complainants may approach the authority again for further action.

Further, keeping in view the Supreme Court’s orders. The respondent’s counsel may submit whether this order for refund of money is in consonance with the Supreme Court’s order of not. In case, it is not then the same be deferred till pending matter is decided by the Supreme Court against the promoter.

The Authority has further decided to take suo-moto cognizance against the promoter for not getting the project registered and for that separate proceeding will be initiated against the respondent u/s 59 of the Act.”

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