GURUGRAM: The Haryana Real Estate Regulatory Authority (HRera) has ordered Assotech Ltd to refund ₹38.5 lakh to a homebuyer for failing to deliver a flat in its Assotech Blith project located in Sector 99, Gurgaon.
The complainant, Vineet Minocha, purchased a 3BHK unit (G-503) in 2012 for ₹1 crore, with possession promised by March 2016. Despite paying ₹38 lakh, the unit remained incomplete. The builder later requested consent to resell the unit, assuring a refund within two months, which was not fulfilled. HRera has now mandated the refund of the paid amount along with 11% interest.
Minocha provided a consent letter in July 2021, allowing the developer to resell the unit and return the funds. The developer refunded ₹13.5 lakh but did not pay the remaining amount, prompting Minocha to approach HRera for assistance in recovering the balance.
During the hearings, the promoter argued that delays were due to external factors such as the liquidation of Assotech Ltd by the Delhi High Court, Covid-19, and pollution-related restrictions. They also contested the authority’s jurisdiction, claiming the agreement was terminated after the consent letter was issued.
HRera, however, dismissed these arguments, ruling that the complainant is entitled to relief under Section 18(1) of the Real Estate (Regulation and Development) Act, 2016. The authority highlighted the promoter’s failure to meet contractual obligations within the agreed timeframe as the basis for the refund with interest.
HRera member Ashok Sangwan stated, “The promoter is liable to refund the amount of ₹38,57,714 along with interest at 11.10% per annum from the date of each payment until actual realization.” The authority instructed that the refund be processed within 90 days, failing which legal action will be initiated.
