Builder Fails To Provide Monthly Returns On Booked Unit, Haryana RERA Orders Refund To Complainant
Live LawHaryana Real Estate Regulatory Authority bench, comprising Sanjeev Kumar Arora, has directed the builder to refund the amount paid by the complainant for a unit in the commercial real estate project named Landmark Cyber Park, after the builder failed to pay the monthly return of Rs. ft. unit in the builder's commercial project, Landmark Cyber Park, located in Sector 67, Gurgaon, by entering into a Memorandum of Understanding with the builder on 21.02.2012, paying the total amount of Rs. Observation and direction by Authority Since there was no Builder Buyer Agreement between the complainant and the builder, the Authority referred to the Supreme Court case Pioneer Urban Land & Infrastructure Ltd. But now, in view of the above facts and taking into consideration the judgments of the Hon'ble National Consumer Disputes Redressal Commission and the Hon'ble Supreme Court of India, the Authority is of the view that the forfeiture amount of the earnest money shall not exceed more than 10% of the consideration amount of the real estate, i.e., apartment/plot/building, as the case may be, in all cases where the cancellation of the flat/unit/plot is made by the builder in a unilateral manner or the buyer intends to withdraw from the project.