GURUGRAM: The Haryana Real Estate Regulatory Authority (HRera) has ordered Ramprastha Promoter and Development Pvt Ltd to pay Rs 50 lakh as compensation, along with an 11% annual interest, to a homebuyer due to significant delays in delivering a residential unit in the Edge Tower project, situated in Sector 37D.
Vinod Kumar Gupta, the complainant, had booked the unit in 2010 for Rs 49.8 lakh, with an expected possession date of August 31, 2012. However, the project remains unfinished years later.
Gupta had initially sought a refund through HRera. In October 2022, the authority instructed the developer to refund the deposited amount with interest. Following this, Gupta filed a separate complaint with the adjudicating officer for compensation due to financial losses, mental distress, and legal costs.
The developer did not contest the case, even after receiving a notice. The adjudicating officer, Rajender Kumar, moved forward without the developer’s presence on July 3, dismissing its defense.
HRera highlighted that the project has been incomplete for over six years past the promised possession date, with no occupation or completion certificate issued. Citing the Supreme Court’s decision in Ireo Grace Realtech Pvt Ltd vs Abhishek Khanna & Ors, the authority emphasized that homebuyers cannot be expected to wait indefinitely for possession after making substantial payments.
The adjudicating officer noted that Gupta had taken various loans, including a gold loan, to fulfill his payment obligations to the developer. The order highlighted that had the complainant invested the same amount in another comparable project, his investment would likely have appreciated significantly over time.
Considering these aspects, HRera also instructed the developer to compensate Rs 1 lakh for mental harassment, Rs 50,000 for litigation costs, along with the awarded compensation plus 11% annual interest from the order date until payment is made.
The developer could not be reached for comment regarding this matter.
