The Real Estate Regulatory Authority (RERA) has directed Rajdeep and Company Infrastructure Private Limited to refund ₹1.65 crore to nine persons who had booked flats in Shimla town’s Bharari locality in 2014.
The RERA had received 12 complaints against the realtor. The complainants alleged that they had booked flats in the Claridge Residency Project at Bharari in blocks A, B, C and D in 2014. The total area of the project is 1,418 square meters. Project owner Rajdeep Sharma had transferred the titles and interests in the land to M/s Rajdeep and Company Infrastructure Private Limited through Joint Development Agreement in May, 2014. Out of 12 complaints received against the promoters and developers, nine have been decided in favour of allottees and three others are pending for hearing.
The five complainants had alleged that Rajdeep Sharma along with other members of the family had taken ₹1.65 crore for booking two bedroom and three bedroom flats in Blocks C and D. They alleged that the company has not executed the construction work in time or have delayed the possessions of flats in the prescribed period and in deviation of the sanctioned plans approved by the municipal corporation. The complainants also alleged that inspite of receiving their consideration amount for booking the flats in Block C, the promoters have even sold their flats to third party and they are deprived of the flats for residential purpose. Other complainants have alleged that they are living in these flats by spending huge amount in crores in Block A but the realtor has still not provided them domestic water connections, electricity connections despite repeated requests. They are paying commercial rates for water and electricity. The realtor has also received maintenance charges in lakhs from them without providing basic facilities of parking, electricity and water connections, club house building/gym etc.
The authority has decided nine cases on merit and directed the respondent promoters to refund an amount of ₹1.65 crore with 7.3% interest at SBI-MCLR (Highest Marginal Cost of Lending Rate) plus 2% as per rule 15 of Himachal Pradesh Real Estate Regulation and Development Rules 2017. They are liable to pay 9.3% interest on the above amount of ₹1.65 crore approximately along with refund of it. The authority has also imposed penalty worth ₹21 lakh to be deposited in the RERA account for non completion of obligation under the Act to be paid in two months, failing which they have to pay a penalty of double the amount. The authority has further imposed penalty upon the promoters M/s Rajdeep and Company Infra Pvt. Ltd and Rajdeep Sharma the Promoters for not providing basic facilities like electricity and water connections and also taking charges from the complainants without providing facilities worth ₹18 lakh to be paid in a prescribed period 2/3 months, failing which the amount of penalty and refund of extra maintenance charges will be paid by the defaulting promoters worth rupees above ₹50 lakh. Further, they have to pay interest at SBI-MCLR rate to the complainants from the date of disconnections of their electricity and water connections till the date of restoration of these connections on the amounts charged by them and the date of charging of extra maintenance charges from complainants at the rate of 9.3%.
{{/usCountry}}The authority has decided nine cases on merit and directed the respondent promoters to refund an amount of ₹1.65 crore with 7.3% interest at SBI-MCLR (Highest Marginal Cost of Lending Rate) plus 2% as per rule 15 of Himachal Pradesh Real Estate Regulation and Development Rules 2017. They are liable to pay 9.3% interest on the above amount of ₹1.65 crore approximately along with refund of it. The authority has also imposed penalty worth ₹21 lakh to be deposited in the RERA account for non completion of obligation under the Act to be paid in two months, failing which they have to pay a penalty of double the amount. The authority has further imposed penalty upon the promoters M/s Rajdeep and Company Infra Pvt. Ltd and Rajdeep Sharma the Promoters for not providing basic facilities like electricity and water connections and also taking charges from the complainants without providing facilities worth ₹18 lakh to be paid in a prescribed period 2/3 months, failing which the amount of penalty and refund of extra maintenance charges will be paid by the defaulting promoters worth rupees above ₹50 lakh. Further, they have to pay interest at SBI-MCLR rate to the complainants from the date of disconnections of their electricity and water connections till the date of restoration of these connections on the amounts charged by them and the date of charging of extra maintenance charges from complainants at the rate of 9.3%.
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