Haryana Real Estate Regulatory Authority (RERA) has asked the promoters of reality firm ILD at Sector 37C to refund the full amount to allottee along with interest.
As per the court directions, the promoter will have to return Rs 72 lakh approximately to the aggrieved allottee.
“The authority directs the promoter to return the amount received by him — Rs 72,09,911 with interest at the rate 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,” said the order.
The promoter is responsible for all obligations, responsibilities and functions under the provisions of the Act of 2016 or the Rules and Regulations made thereunder or to the allottee as per the agreement for sale under Section 11(4)(a), the order read.
It further said that the promoter has failed to complete or is unable to give possession of the unit in accordance with the terms of the agreement for sale.
“The promoter is fully liable to the allottee, as the allottee wishes to withdraw from the project, without prejudice to any other remedy available, to return the amount received by him in respect of the unit with interest at such rate as may be prescribed,” said the order.
The due date of possession as per the agreement for sale was August 2017 – failing which the complainant allottee approached RERA in February 2019 for relief.