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H-RERA has ruled in favour of a homebuyer who booked a flat in Chintels Paradiso, Sector 109, Gurugram, where part of the project collapsed in February 2022 and the unit in Tower H was never delivered. The buyer, who filed a complaint in 2023, will receive a refund of about INR 1.705 crore with 10.85% annual interest from the valuation date until payment. The authority also awarded INR 2 lakh for mental distress and INR 50,000 in litigation costs. The order emphasises that when a project becomes unsafe and possession is not granted, developers remain liable under RERA, ensuring meaningful restitution for affected homebuyers.
H-RERA recently passed a ruling in favour of a complainant who had booked a flat in Chintels Paradiso, located in Sector 109, Gurugram. The flat in Tower H was never handed over, and the project suffered a partial collapse in February 2022. The buyer filed a complaint with the authority in 2023, seeking a full refund of amounts paid under the payment plan, along with appropriate interest and compensation. Advertisement
The authority found merit in the complaint, determining that the buyer was entitled to a refund. It directed that the builder repay approximately INR 1.705 crore (as assessed by a statutory valuation committee), along with interest at the rate of 10.85 per cent per annum - calculated from the valuation date until actual realisation of the refund. In addition, the buyer was awarded INR 2 lakh for mental anguish caused by the unresolved housing issue and INR 50,000 to cover litigation costs.
The order underlines that when a residential project becomes unsafe for habitation and possession has not been granted, the developer's obligations towards the buyer are enforceable under the real-estate regulatory framework. It further reinforces that regulatory oversight can ensure restitution for aggrieved homebuyers, even years after project abnormalities emerge.
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