Haryana RERA Orders Emaar To Refund Amount Paid By Homebuyer

Haryana Real Estate Regulatory Authority bench, comprising Ashok Sangwan, has directed M/s Emaar Mgf Land Ltd., the builder to refund ₹1.30 crores with interest to homebuyer who purchased a villa in their Marbella Project. Therefore, being aggrieved by the builder's conduct, the homebuyer filed a complaint before the authority seeking a refund of the amount paid along with interest. Observation and Direction by Authority The Authority rejected the builder's limitation period contention by holding that, although the homebuyer filed the complaint 10 years after the last payment, the law of limitation does not strictly apply under RERA, 2016. If the builder fails to complete or is unable to give possession of an apartment, plot, or building— in accordance with the terms of the agreement for sale or, as the case may be, duly completed by the date specified therein; or due to discontinuance of his business as a developer on account of suspension or revocation of the registration under this Act or for any other reason, he shall be liable on demand to the homebuyers, in case the allottee wishes to withdraw from the project, without prejudice to any other remedy available, to return the amount received by him in respect of that apartment, plot, building, as the case may be, with interest at such rate as may be prescribed in this behalf including compensation in the manner as provided under this Act: Provided that where an allottee does not intend to withdraw from the project, he shall be paid, by the builder, interest for every month of delay, till the handing over of the possession, at such rate as may be prescribed.