In a significant ruling reinforcing the rights of homebuyers, the Haryana Real Estate Regulatory Authority (H-RERA), Gurugram, has directed real estate developer BPTP to refund maintenance charges collected from a homebuyer before handing over possession of an apartment. The authority also ordered the builder to pay 11% annual interest on the refunded amount, along with compensation for mental agony and litigation expenses.
The order was issued by the adjudicating officer of H-RERA’s Gurugram bench in Complaint No. 531 of 2024, filed by an allottee of an apartment in Park Spacio, Sector 37D, Gurugram. The complainant alleged that BPTP compelled him to pay maintenance charges before offering physical possession of the apartment. According to the buyer, the builder-buyer agreement did not contain any clause permitting the collection of maintenance charges prior to possession.
After examining the matter, H-RERA observed that the developer had not disputed raising the maintenance demand. The authority ruled that a promoter cannot make advance payment of maintenance charges a precondition for handing over possession of a property. It directed BPTP to refund ₹1,16,545 collected from the allottee, along with interest at 11% per annum from the date of collection until the amount is fully repaid.
In addition to the refund, the adjudicating officer awarded ₹1 lakh as compensation for the mental distress caused to the homebuyer and ₹50,000 towards litigation costs. The order emphasized that developers must comply with the provisions of the Real Estate (Regulation and Development) Act (RERA) and cannot impose financial obligations on buyers that are not supported by contractual agreements or legal provisions.
The authority also remarked that promoters should educate buyers about their rights and strictly follow RERA regulations while dealing with possession and maintenance-related matters. The ruling is expected to serve as an important precedent for similar disputes involving premature collection of maintenance charges by developers.
Responding to the development, Rohit Mohan, President – Business Development at BPTP, stated that the company had not yet been formally served with the order. He added that once the order is received and reviewed, the company will evaluate its legal options and take appropriate action if necessary.
