Inordinate Delay Of More Than 10 Years, Haryana RERA Directs Ansal Builders To Refund 1.07 Crores To Homebuyer

Haryana Real Estate Regulatory Authority (Authority) bench comprising Ashok Sangwan (Member) has directed M/s Ansal Housing and Constructions Limited to refund Rs. 1.07 crores with 11.10% interest to the homebuyer after facing an inordinate delay of more than 10 years in receiving possession of the flat. Initially, the homebuyer was allotted a flat in 2013. Due to delays the homebuyer's booking was transferred to another project twice, making it a total of three times. According to the final Floor Buyer's Agreement the builder was supposed to hand over possession of the flat by 21st July 2022. Background Facts The homebuyer (Complainant) booked a flat in the builder's (Respondent) project named The Avante Floor, Versalia located at Gurugram by paying Rs. 12,05,629/- to the builder. On 06.05.2014, Homebuyer and builder entered into the Floor Buyer Agreement. The total sale consideration of the flat was Rs. 1,16,2500/-, out of which homebuyer paid Rs. 95,42,172/- to the builder. when the homebuyer visited the site they found that even basic construction had not commenced after nearly three years. The homebuyer expressed dissatisfaction and informed the builder that they did not wish to continue due to the construction delay. The builder convinced them to transfer their investment to another project named Sovereign Floors, Esencia situated at Sector-67, Gurugram. The total sale consideration for this flat was Rs. 1,07,47,779/-. Further, the builder and homebuyer entered into the Flat Buyer's Agreement for the new flat on 09.01.2018. As per the agreement the builder was supposed to hand over possession of the flat by 09.09.2019. Again, due to delay the homebuyer was allotted a new flat in the Block D of the Sovereign Floors, Esencia. The total sale consideration for this flat was Rs. 1,55,00,000/-. As per the Memorandum of Understanding (MoU) the paid amount was to be adjusted against the cost of the flat with the remaining Rs. 47,52,214.40 payable at the time of possession. The final Floor Buyer's Agreement was executed on 21.01.2021. According to this agreement the builder was supposed to hand over possession of the flat by 21.07.2022. However, the project faced another delay. Therefore, aggrieved by the delay the homebuyer filed a complaint before the Authority seeking a refund of the amount paid along with interest. Observation and Direction by Authority The Authority observed that according to Clause 5.1 of the Final Flat Buyer's Agreement, the builder was supposed to handover the possession of the flat to the homebuyer within 12 months with an extended period of six months. Therefore, the due date for possession was 21.07.2022. Authority held that there was a delay in handing over the possession as the builder failed to obtain the occupation certificate from the concerned authorities by the due date of 21.07.2022. Further builder's failure to obtain the occupation certificate and offer possession within the stipulated time violates the provisions of RERA, 2016. Authority noted that the builder has been holding the amount paid by the homebuyer since 2013 and kept changing the flats from one project to another due to non-completion. Despite a delay of more than 10 years no flat has been delivered to the homebuyer. Therefore, the Authority directed the builder to refund the full Paid up amount of Rs. 1,07,47,778/- to homebuyer along with 11.10% interest.Case – Sheela Srivastava & others Versus M/s Ansal Housing & Construction Ltd. Citation – Complaint no: 805 of 2023 Date – 11th DecemberClick Here To Read/Download The Order

Inordinate Delay Of More Than 10 Years, Haryana RERA Directs Ansal Builders To Refund 1.07 Crores To Homebuyer

Aryan Raj

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