Property buyers await refunds from builders

Bijendra Ahlawat

Tribune News Service

Faridabad, August 18

Some home buyers, who had applied for a refund from builders under the Real Estate Regulatory Authority (RERA) provisions, are still awaiting the refund despite the order passed one to two years ago.

Jayshree Gaur, a retired teacher who invested her life savings to buy a flat here several years ago has failed to get a refund of Rs 1.56 crore ordered by RERA in January 2023.

According to a petition lodged with RERA in November 2020, the complainant had been allotted a flat measuring an area of 2,525 sq feet on June 19, 2013, in a residential project in Sector 70. While the total sale value of the flat had been Rs 1,11,79,663, the applicant paid an amount of Rs 85,38,326.

As per the clause of the agreement, the possession of the flat was to be given within 42 months from the date of the execution of the agreement or the date of the start of the construction, whichever was later (December 19, 2016). However, according to the complainant, as the construction stood completely stalled till December 2016, she sent a letter to the builder on July 19, 2017, seeking a refund. The complainant served a legal notice after she failed to get any response. The complainant declined the offer of two cheaper units in exchange for the flats booked by her and reiterated her demand for the refund along with the interest.

After hearing the matter on January 6, 2021 and January 31, 2023, RERA ordered refunding the amount of Rs 1,56,26,833 to the applicant within 90 days. Despite the issuance of the order over 18 months ago, she is yet to get the money.

Denson Joseph, the counsel for the complainant, said other similar cases were likely to be decided by RERA in October. Though the authorities have been efficient in pronouncing the refund orders, the delay in execution of the rulings had been a cause for concern for the applicants, he said.The recovery work had been delegated to the authorities like the District Collector and Revenue officials till last year, the state government announced to set up a seven-member panel to take up the work of recovery of the dues last year.

District Revenue officer Sushil Kumar said he would have to look into any direction if any in this regard as he had joined the office recently. Action would be taken as per the government directions, he said.

Scant regard for rules

• Jayshree Gaur, a retired teacher who invested her life savings to buy a flat in 2019, has failed to get a refund of Rs 1.56 crore ordered by RERA in January 2023
• After hearing the matter on January 6, 2021 and January 31, 2023, RERA had ordered refunding the amount of Rs 1,56,26,833 to the applicant within 90 days
• Other similar cases are likely to be decided by RERA in October. Though the authorities have been efficient in pronouncing the refund orders, the delay in execution of the rulings had been a cause for concern for the applicants, the counsel for the complainant said