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HP RERA directs builder to refund Rs 1.65 crore with interest

The Real Estate Regulatory Authority (RERA), Himachal Pradesh, while deciding nine cases on merit, has directed the builder (respondent promoters) to refund Rs 1.65 crore with 7.3% interest at SBI-MCLR (highest marginal cost of lending rate) plus 2% as per rule 15 of the Himachal Pradesh Real Estate Regulation and Development Rules 2017.

The order said that promoters are liable to pay 9.3% interest on the above mentioned amount of Rs 1.65 crore, approximately along with refund.

The Authority has also imposed penalty worth Rs 21 lakh to be deposited in the RERA account for non-completion of obligation under the Act, to be paid in two months, failing which they have to pay a penalty of double the amount.

The Authority further imposed penalty on promoters Rajdeep and Company Infra and Rajdeep Sharma the Promoters for not providing basic facilities like electricity and water connections and also taking charges from complainants without providing facilities worth Rs 18 lakh to be paid in a prescribed period of two to three months, failing which the amount of penalty and refund of extra maintenance charges worth above Rs 50 lakh will be paid by the defaulting promoters.

Further, they have to pay interest at SBI-MCLR rate to complainants from the date of disconnection of their electricity and water connections till the date of restoration of these connections on the amount charged by them and the date of charging of extra maintenance charges from the complainants at the rate of 9.3%.

According to an official spokesperson, RERA received 12 complaints from different complainants against Rajdeep and Company Infra, Rajdeep Sharma and Shakuntla Devi of Jakhar village of Rohru tehsil in Shimla district alleging that they booked flats in Claridge Residency project, Bharari in blocks A, B, C and D in the year 2014.

The complainants said the total land of the project is 1,418 square metres and Rajdeep Sharma, owner of the project, had transferred the titles and interests in the land to Rajdeep and Company Infra Private Limited through the joint development agreement in May 2014.

An official spokesperson said out of the 12 complaints received against the above promoters and developers, nine have been decided in favour of allottees and three are pending for hearing and order. He said five complainants had alleged that Rajdeep Sharma promoters along with others members of the family, grabbed their money amounting to around Rs 1.65 crore by booking of 2BHK/3BHK flats in Blocks C and D.

They said promoters and the company concerned has not executed construction work in time or have delayed possession of the flat in the prescribed period. They also alleged that inspite of receiving their consideration amount for booking the flats, the property was sold to a third party.

Other complainants alleged that they are living in the flats in Block A but Rajdeep and Company Infra Private Limited and Rajdeep Sharma have still not still provided them with domestic water and electricity connections in spite of repeated requests.

The complainants said they are paying commercial rates for water and electricity connections. According to them, the builder has also received maintenance charges in lakhs from them without providing basic facilities of parking, electricity and water connections, club house building and gym etc.


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