The real estate regulatory authority (RERA) Gurugram has directed Vatika Limited to refund the full amount to the allottee to whom the builder failed to deliver the unit even after a delay of more than five years.

The allotted was entitled to the possession of the unit on March 19, 2017.

As the unit was not delivered, the allottee moved a petition to RERA court on May 13, 2022, seeking a refund, with compensation and legal expenses.

“The authority directs the promoter to refund the amount received by him Rs 35,51,251/- with interest at the rate of 10.25 per cent, as prescribed under Rule 15 of Haryana real estate (regulation and development) Rule 2017 from the date of each payment till the actual date of refund of the amount within the timelines provided in Rule 16 of the Haryana Rules 2017,” the court directed the promoter.

In another case, the RERA court ordered Emaar MGFA to refund the amount it realized from the allottee who now wished to withdraw from the project feeling totally harassed and undesirable delay of the delivery of the unit the allottee booked.

The complainant alleged that Emaar did not complete construction on time and thereby not offered timely possession to the complainant and therefore he wished to withdraw from the project.

The complainant booked a unit in the Digital Greens commercial project of Emaar at sector 61 and paid a sum of Rs 34,35,961/- against a total sale consideration of Rs 1,09, 69,139. The complainant approached the authority in April 2022.

“Keeping in view the aforesaid legal provisions, the respondent is directed to refund the amount deducting earnest money to the allottee which shall not exceed 10 per cent of the sale consideration of the unit in question within a period of 90 days from the date of this order and accordingly interest at prescribed is allowed,” the court said.

In both cases, the allottees have been held entitled to receive compensation and legal expenses.

“The Act has clearly provided interest and compensation as separate entitlement/rights which the allottee can claim. For claiming compensation under relevant sections of the Act, the complainants cum allottees may file a separate complaint before AO well prescribed in the Act,” Dr. KK Khandelwal, chairman, RERA, Gurugram said.