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H-RERA directs ISH Realtors to refund money

The allottee had booked a commercial unit in ISH Realtors Private Limited’s Sector 109 project in September 2013. The developer had promised to deliver the unit in four years but failed to keep its commitment.

The Haryana Real Estate Regulatory Authority (H-Rera) has directed a developer to refund an allottee’s money along with interest for failing to deliver his unit as per the builder-buyer agreement.

The allottee had booked a commercial unit in ISH Realtors Private Limited’s Sector 109 project in September 2013. The developer had promised to deliver the unit in four years but failed to keep its commitment.

In October 2020 — almost three years after the lapse of the unit’s possession date — the allottee approached the real estate regulator, wishing to withdraw from the much-delayed project. “The total sale consideration of the said unit was Rs 41 lakh and the due date for the handing over of the possession was September 2017,” the complainant said in his plea.

As per the Rera’s order, passed on January 12, the developer will have to return the full amount of Rs 16 lakh to the allottee along with a 10.60%.

“The authority hereby directs the promoter to return the amount received by him — Rs 16 lakh — with interest at the rate of 10.60% 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,” the regulator ordered.

The allottee had also urged the regulator to direct the developer to pay Rs 5 lakh as compensation for his mental agony and harassment and Rs 55,000 for legal expenses incurred during the trial. The Rera court, however, asked the allottee to file a separate complaint with the adjudicating officer for the same.

“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,” it said.

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