E-Paper
Mohali realtor’s false claims busted; HC orders refund with interest
The Punjab and Haryana high court has ordered a Mohali realtor to refund excess funds collected from allottees with interest, as it came to light that the additional “super area” for which it had been taken did not exist
The Punjab and Haryana high court has ordered a Mohali realtor to refund excess funds collected from allottees with interest, as it came to light that the additional “super area” for which it had been taken did not exist.
The high court bench of justice Anil Kshetarpal dismissed the appeal of Janta Land Promoters, which had been filed in around 20 cases with multiple respondents in connection to its project, Sky Garden, in Sector-66-A, Mohali. The firm is owned by Aam Aadmi Party MLA from Mohali, Kulwant Singh.
The developer had collected an additional sum from allottees of Sky Garden claiming that a change was made to the super area of the apartments. The promoter had claimed that the increase was on account of the construction of an exclusive premium skydeck and tower entrance reception area, which was erroneously left out while computing the prior super area.
The increase in the price had been worked out at ₹3.38 lakh in one case discussed in the judgment by HC. But, the developer later settled for ₹1.84 lakh. Others too were asked to pay nearly the same amount.
When the allottees refused to pay the amount, the possession was not given. Hence, they were forced to cough up the additional amount and due to the dispute, possession also got delayed.
The allottees then took up the matter with Punjab Real Estate Regulatory Authority and it decided against the developer. The developer then moved RERA tribunal and when it failed to get relief, it moved HC. RERA had ruled that there was no change in the actual measurement of the allotted apartment, allottees cannot be charged extra.
The high court also underlined that there is no increase in the carpet area or measurement of the apartment. Further, it recorded that the skydeck and tower entrance reception area which the promoter claimed were added were part of the brochure and shown to allottees when the apartments were being sold.
