The Haryana Real Estate Regulatory Authority (HRera) has mandated Assotech Ltd to reimburse Rs 38.5 lakh to a homebuyer due to the company’s failure to provide possession of a flat in its Assotech Blith project located in Sector 99, Gurgaon.
The complainant, Vineet Minocha, purchased a 3BHK unit (G-503) in 2012 for Rs 1 crore, with a possession date promised by March 2016. Despite having paid Rs 38 lakh, the unit remained unfinished. Subsequently, the builder requested permission to resell the unit, assuring a refund within two months, but did not fulfill this promise.
HRera has now mandated a refund of the amount paid along with 11% interest. In July 2021, Minocha submitted a consent letter permitting the developer to resell the unit and refund the payment. The developer returned Rs 13.5 lakh but did not refund the remaining balance.
Consequently, the complainant approached HRera to recover the outstanding amount. During the hearings, the promoter contended that the delay was due to external factors, such as the liquidation of Assotech Ltd by the Delhi High Court, disruptions caused by Covid-19, and pollution-related restrictions.
They also questioned the authority’s jurisdiction, asserting that the agreement was terminated following the issuance of the consent letter. However, HRera dismissed these arguments, ruling that the complainant is entitled to relief under Section 18(1) of the Real Estate (Regulation and Development) Act, 2016. The authority pointed to the promoter’s failure to meet contractual obligations within the specified timeframe as justification for the refund with interest.
The promoter is obligated to refund the paid amount of Rs 38,57,714 along with interest at a rate of 11.10% per annum from the date of each payment until actual realization, stated HRera member Ashok Sangwan. The authority instructed that the refund be processed within 90 days, warning that failure to comply would result in legal repercussions.
