HREAT = The Decree Holder is Entitled to Get the Interest for the period of Date of Expected Payment till the Actual Payment of Amount.
Hari Ballabh Sharma V/s Pareena Infrastructure Private Limited
Haryana Real Estate Appellate Tribual
Appeal No.133 of 2023
Date of Decision: 30.11.2023
- In 2015 ,The appellant/allottee paid booking amount to the respondent/promoter for booking of a flat under Affordable Housing Policy” of Government of Haryana.
- on June 23, 2016 the appellant/allottee was allotted a flat in draw of lots.
- The total cost of the Flat was supposed to be Rs.17,49,330/-
- on 19.07.2016 an ‘Apartment Buyer’s Agreement’ was executed between the parties.
- till May, 2018 The appellant/allottee made a total payment of Rs.15,70,537/-.
- On 23.10.2018 The appellant/allottee through email and letter requested the respondent/promoter to cancel his booking after deduction of earnest money of Rs.25,000/- as per AH Policy and sought refund of the remaining amount.
- The respondent/promoter did not refund the money.
Aggrieved with the above, the appellant/allottee filed the Original complaint number 26 of 2019 seeking relief of refund.
On 02.04.2019 , the learned HRERA GURUGRAM Authority passed the Order of refund in favour of the appellant/allottee.
the respondent/promoter paid the payment after 2 years in March 2021 did not pay any interest for the period it delayed the payment.
Aggrieved with the above, the appellant/allottee filed Execution complaint no.CR/3701/2021.
On 05.01.2023 The said complaint was dismissed by Adjudicating Officer stating that the Decree is fully compiled.
- The appellant/allottee is aggrieved of the fact that the respondent/promoter did not make the payment to him as per the order of the Authority and forced him to file execution petition.
- The appellant contends that he is entitled to interest for the period of delay in payment of refund of Rs. 15,70,537/- from the date of the Authority's order (April 2, 2019) until March 2021, spanning two years @ 10% per annum which comes out to Rs. 3,14,107/-.
Observations made by the Hon’ble Court:-
- we deem it fit to grant interest to the appellant/allottee for the unjust delay in releasing the payment till March, 2021.
- the plea of the appellant/allottee for grant of interest of Rs. 3,14,107/- for the delay in payment beyond 90 days period till March, 2021 is legal and bonafide.
- the said amount be paid to the appellant/allottee forthwith without any further delay.
