HREAT = The Decree Holder is Entitled to Get the Interest for the period of Date of Expected Payment till the Actual Payment of Amount.

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 

Fact of the Case :-

• 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.

Submissions by Appellant:-

• 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.

Court’s Order:-

• the said amount be paid to the appellant/allottee forthwith without any further delay.

Cases pending or ongoing with other tribunals will not be entertained by RERA

 The authority in Gurugram, Haryana in Sh. Sukhbir Singh Grewal Vs. M/s MVL Ltd (Complaint no. 48 of 2018) reiterated that it will not entertain any case which is already pending in another tribunal or court. 

In this particular case, the buyer had filed a case against the builder for delay in giving possession of property beyond the date mentioned in the agreement. The builder submitted that the delay was a result of the interim order passed by SEBI. The builder had moved the Securities Appellate Tribunal (SAT) challenging SEBI’s decision.

 RERA stated that ‘As the matter is already with the SEBI/SAT, accordingly there is no case left for the present before this authority and to continue further proceedings in the matter. Let the issue be decided by the SEBI/SAT. Once the SAT set aside the order of the SEBI then the only allottee may come to us for proceedings under the RERA Act.’ 

Complaints can be instituted against promoters in relation to both projects which have been registered with the authority or which are not registered with the authority

Simmi Sikka V/s M/S EMAAR MGF LAND LTD Complaint number RERA-GRG-7-2018

Haryana Real Estate Regulatory Authority Gurugram 

The judgement contains the following conclusions

• The RERA Act, nowhere mentions anywhere that it is applicable only for the registered projects.

• The RERA Act, provides certain categories of projects which are not required to be registered but these are within the ambit of the Act. These projects mentioned in section 3(2) have been taken out of the registration requirement but not out of the purview of other provisions of the Act.

• The provisions regarding registration and obligation during registration are applicable only for the registered projects.

• The obligations of the promoter’s post expiry of the validity of the registration provided in the Act are applicable to even the real estate projects exempted from the registration.

• The projects which were completed and handed over during the last 5 years are 

covered for the purpose of workmanship and structural defect liability.  A complaint may be filed by the allottee in such matter in case the possession of the real estate was within 5 years prior to the date of the complaint.

• All real estate projects are covered for land title defect liability

• A complaint pertaining to violation of the provisions of RERA Act, Haryana RERA Rules, and regulations thereunder, may be filed by any aggrieved person in respect of any real estate project as per the definition given in section 2(zn) of RERA Act.

Based on the above judgment, it may be concluded that registration of project and filing RERA complaint, both are separate activities. A RERA case can be filed even against the non-registered projects.