NEW DELHI: The Gurugram bench of the Haryana Real Estate Regulatory Authority (RERA) has ordered BPTP to refund ₹1,16,545 in maintenance charges to an allottee, along with an 11% annual interest from the date of collection until the amount is realized.
This ruling was made in response to complaint no. 531 of 2024, lodged by an allottee of an apartment in Park Spacio, Sector 37D, Gurugram.
The complainant asserted that the promoter compelled him to pay maintenance fees prior to the handover of the unit. He pointed out that the builder-buyer agreement did not provide for such advance payments.
The authority found that the builder did not contest the demand for maintenance fees and concluded that the promoter could not withhold possession based on unpaid charges.
The adjudicating officer further awarded ₹1 lakh in compensation for mental distress and ₹50,000 for legal expenses to the complainant.
“No promoter has the right to collect maintenance fees before transferring possession of the unit. It is essential for promoters to educate themselves about RERA regulations and comply accordingly,” stated the adjudicating officer in the ruling.
