GURUGRAM: The Haryana Real Estate Regulatory Authority (H-Rera) has directed a developer to refund the amount paid by a buyer for opening a restaurant in Sector 109. However, the cancellation of the booking was upheld as no agreement was signed between the two parties.
The complaint was raised by Atombridge Networks, which had reserved a restaurant unit in the Neo Square project in Sector 109 and paid a booking amount of ₹2.5 lakh as an advance on September 2, 2018.
The firm made additional payments, totaling ₹42.5 lakh, despite a builder-buyer agreement not being executed. The complainant claimed that the builder continued to demand payments without formalizing the agreement or showing any project progress.
In December 2022, Neo Developers canceled the booking, stating the company failed to clear its dues. The builder informed Rera that payments of ₹42.5 lakh were made against total dues of ₹2.97 crore for the unit, constituting a “blatant violation” of Section 19(6) of the Rera Act.
H-Rera found that the builder had issued a welcome letter for the booking in 2018, but the complainant had not met the payment demands. The claim that construction was incomplete was deemed unsustainable since the occupation certificate was obtained in October 2024.
The regulatory authority confirmed that the developer’s cancellation of the unit was valid and denied the complainant’s request to restore the sale and execute the agreement. However, it ordered Neo Developers to refund ₹42.5 lakh to Atombridge Networks, after deducting 10% as earnest money. The refund will accrue interest at 11% from December 7, 2022, the date of cancellation, until the payment is made.
The complaint is now resolved.
