Gurgaon: Haryana Real Estate Regulatory Authority (HRera) has directed Assotech Ltd to refund Rs 38.5 lakh to a homebuyer for failing to deliver possession of a flat in its Assotech Blith project in Sector 99, Gurgaon. The complainant, Vineet Minocha, booked a 3BHK unit (G-503) in 2012 for Rs1 crore, with possession promised by March 2016. Despite paying Rs38 lakh, the unit remained incomplete. The builder later sought consent to resell the unit, promising a refund within two months—yet failed to deliver. HRera has now ordered a refund of the paid amount with 11% interest.Minocha had submitted a consent letter in July 2021, allowing the developer to resell the unit and refund the amount. The developer returned Rs 13.5 lakh but failed to refund the remaining dues. The complainant then approached HRera seeking recovery of the balance amount.During the proceedings, the promoter argued that the delay was caused by external factors, including the liquidation of the contractor Assotech Ltd by the Delhi high court, Covid-19 disruptions and pollution-related curbs. They also challenged the authority’s jurisdiction, claiming the agreement was terminated after the consent letter was issued.However, rejecting these contentions, HRera ruled that the complainant remained entitled to relief under Section 18(1) of the Real Estate (regulation and development) Act, 2016. The authority cited the promoter’s failure to fulfil contractual obligations within the agreed timeline as grounds for a refund with interest.“The promoter is liable to refund the paid-up amount of Rs 38,57,714 along with interest at 11.10% per annum from the date of each payment till actual realisation,” stated HRera member Ashok Sangwan. The authority directed the refund to be completed within 90 days, failing which legal consequences would follow.
