GURUGRAM: More than eleven years after a couple purchased a 3BHK unit for ₹1.32 crore, the Haryana Real Estate Regulatory Authority (HRera) has ordered a realtor to refund ₹41.6 lakh—approximately 37% of the total cost paid initially—along with 11.1% annual interest for failing to deliver possession of the flat at Supertech Hues, Sector 68.
On September 9, HRera instructed Sarv Realtors Pvt Ltd to return this amount, including interest, to Anirudh and Manali Gowalkar, who filed their complaint with the authority in October 2020. The possession was delayed by at least seven years, according to the agreement.
The order pointed out “substantial delays” in the project, dismissing the developer’s claims regarding demonetisation, construction bans, and the Covid-19 pandemic as valid excuses for the non-delivery. HRera noted that these reasons “cannot justify indefinitely keeping buyers waiting.” The dispute began in June 2014, when the Gowalkars booked the 1,765 sqft unit under a possession-linked plan, with possession expected by December 2017 and a grace period until June 2018.
Despite multiple reminders, the project remained unfinished. In 2017, the flat was moved from Tower P to Tower O, but construction progress continued to lag. By January 2020, Supertech had transferred the project to Sarv Realtors without obtaining buyer consent, adding to the uncertainty.
The developer defended its position by pointing to an ongoing corporate insolvency resolution process against Supertech Ltd. However, HRera dismissed these claims, noting that the contractual possession date had passed long before the Covid-19 pandemic began.
The authority concluded that temporary construction bans due to pollution could not justify an 11-year delay. Exercising its authority under Section 18 of the RERA Act, HRera mandated Sarv Realtors to complete the refund within 90 days and prohibited any third-party sale of the disputed unit until the refund is made.
