HRERA Gurugram directs builder to pay refund and compensate home buyer

The HRERA Gururgam in a statement said that the adjudicating officer, HRERA, has held that the Tower H flat, owned by the complainant, was unsafe for habitation

Three years after a cave in at Chintels Paradiso project in sector 109, the Haryana real estate regulatory authority (HRERA), Gurugram, on Wednesday said it had directed Chintels India Ltd to refund ₹1.70 crore, with an annual interest of 10.85%, to a flat owner who had filed a complaint against the developer.

The order has not been released by HRERA to public but was issued on November 27, the statement said. (HT)

The HRERA Gururgam in a statement issued on Wednesday said that the adjudicating officer, HRERA, has held that the Tower H flat, owned by the complainant, was unsafe for habitation, established in successive audits conducted at the complex. The order has not been released by HRERA to public but was issued on November 27, the statement said.

On February 10, 2022, renovations at a sixth-floor flat of Tower D led to the ceiling of a bedroom of the same floor collapsing and further caused portions of flats all the way down to the first floor to cave in. Two people were killed and the state government had ordered structural audit of complex.

On Wednesday, in a statement, HRERA Gururgam said that complainant Kumar Mangalam Dalmia, who had filed a case in the court of RERA, Gurugram, adjudicating officer, seeking full refund of his principle amount along with interest at the current market value of his flat at Chintel Paradiso.

According to the HRERA order, Mangalam paid more than the total sale consideration — ₹10,038,750 — under a construction link payment plan and, after the incident, decided to get his money back with interest at prevailing property value.

The order said, “Complainant is entitled for compensation by way of refund of ₹17,051,397/- as assessed by the committee and the same is allowed to be paid by the respondent builder. Complainant is also allowed to be paid compensation of ₹2 lakh for mental agony and ₹50,000/- as litigation cost.”

It further directed Chintals to pay the compensation amount with interest at rate of 10.85% per annum from the date the committee appointed by the district magistrate assessed the value of the complainant’s flat till Mangalam is fully compensated.

Responding to the development, a Chintels spokesperson said, “We have not yet received the order. As per our records, the offer of possession was made in 2017, subject to the payment of outstanding dues, which still remain unpaid. Furthermore, after the unfortunate incident at Paradiso he was offered the compensation amount as determined by the administration after deduction of outstanding dues. Therefore, the statement in the press release that Dalmia had paid more than the actual amount is incorrect.”