Haryana Real Estate Regulatory Authority (HRERA), Gurugram, has directed promoter ISH Realtors Private Limited to return the full amount paid after it failed to deliver the commercial unit.
The complainant paid Rs 16,38,379- against the booking of a commercial unit to the builder executing an agreement in September 2013 – accordingly, the promoter had committed to deliver the unit in four years.
The allottee had booked a retail shop in the project of ISH Realtors Private Limited at Sector 109, Gurugram.
The total sale consideration of the said unit was Rs 41,69,280 – and the due date for the handing over of the possession was September 2017. The project has been delayed inordinately.
“The Authority directs the promoter to return the amount Rs 16,38,379 – with interest at the rate of 10.60 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 as provided in rule 16 of the Haryana Rules 2017,” said the court disposing of the matter.
The allottee also sought relief from the Authority to direct the promoter to pay Rs 5,00,000 – compensation for his mental agony and harassment and Rs 55,000 for legal expenses he incurred during the trial.
“The RERA adjudicating officer has exclusive jurisdiction to deal with the complaint in respect of compensation, therefore the complainant is advised to approach the adjudicating officer for seeking the relief of compensation,” added the court.