NEW DELHI: The Gurugram bench of the Haryana Real Estate Regulatory Authority (RERA) has annulled the cancellation notice issued by Neo Developers, deeming it invalid.
This ruling pertains to the case of Suman Lata against Neo Developers, concerning a commercial unit in Neo Square, Sector 109, Gurugram.
The complainant approached the authority to challenge the cancellation and requested that the developer honor the commitments specified in the builder-buyer agreement and memorandum of understanding.
The authority highlighted that the allottee had made significant payments amounting to ₹84 lakh, despite the total basic sale price being ₹75 lakh. It ruled that the cancellation was invalid.
Haryana RERA has instructed Neo Developers to provide the complainant with assured returns of ₹1,08,615 per month, starting from October 10, 2020, until a valid possession offer is made, after accounting for any previously paid amounts.
Furthermore, the developer must pay the accumulated assured return amounts within 90 days from the order date, after settling any outstanding dues.
The authority clarified that the developer cannot impose any charges on the complainant that are not included in the MoU or buyer’s agreement, and that they cannot collect a labor cess, even if it appears in the builder-buyer agreement.
Additionally, the promoter must deliver possession of the unit to the complainant as per the MoU and buyer’s agreement within 60 days, provided that any outstanding dues are settled.
The authority has also mandated the developer to execute the conveyance deed within three months from the date of the order.
