GURUGRAM: The Haryana Real Estate Regulatory Authority (HRera) has instructed BPTP Limited to refund ₹18.12 lakh along with 2% interest to a homebuyer of its Park Terra project in Sector 37D. This decision came after BPTP’s claim that the complaint was lodged too late was dismissed.
The ruling, dated March 12, 2026, pertains to two complaints from Salaj Ahlawat, the allottee.
As per the order, Ahlawat secured two units in 2012 and paid ₹18.12 lakh from a total of ₹88.77 lakh. The builder-buyer agreement, signed in December 2012, stipulated that possession was to be granted by December 29, 2016, a deadline that was missed.
Following financial challenges due to his father’s medical expenses, Ahlawat ceased payments after October 2012 and eventually requested a refund. However, the builder canceled the allotment in May 2013 for non-payment but offered to reinstate it in 2016, which Ahlawat refused.
BPTP contended that the complaint filed in February 2025 was time-barred and claimed the right to forfeit 15% of the sale value as earnest money.
HRera, however, countered this argument, stating that the builder’s failure to refund created a “subsisting liability,” thus rendering the complaint valid. The authority invoked the principle of continuing breach under the Limitation Act to dismiss the limitation argument.
The authority acknowledged that the cancellation of the unit was justified due to the payment default, yet the developer was still required to refund the amount after deducting any permissible earnest money.
Furthermore, it noted that according to Rera provisions, the developer is limited to charging a maximum of 10% of the cost as earnest money. BPTP’s attempt to deduct 15% was deemed a violation of the Act.
Citing Supreme Court rulings, HRera affirmed its authority to mandate refunds with interest, ultimately providing relief to the homebuyer who sought to exit the project amid delays and non-refund.
