The Haryana Real Estate Regulatory Authority by looking into the RERA act, has guided a builder company to refund the entire amount invested by the buyers in their ‘abandoned project’. It stated that the complainant and similarly placed allottees of the project would be given importance to get satisfied with all their claims of refund of money with the interest over the rights of any other person who may include creditors of any kind or financial institutions. Haryana’s Director, Town and Country Planning Department was condemned for not ensuring whether real estate projects are completed on time and for non-cooperation with authorities to resolve such issues by HRERA bench which included Chairman Ranjan Gupta and members Anil Kumar and Dilbag Singh. The Bench had to hear 21 home buyers complaints filed against M/S Piyush Colonisers Ltd. The advocate Kamal Dahiya appearing on behalf of all 21 complainants made a point that the respondents after having received Rs.26.25 lakhs from one of the complainants promised to deliver the house within a said date had failed to deliver the same and in fact failed to do any construction work for many years
The case was proceeded as ex-parte and the directors of the company was behind bars. While all this, the authority noticed that there are no resources for the restoration of the project and the deterioration of the erected structure is more. The authority strongly disapproved the insouciant attitude of Haryana’s Director, Town and Country Planning Department for not responding to the notices issued in October and for not filing its reply. Everything started because of the DTCP license which is granted by the Director. The bench also pointed the indifference of the secretary whose duty is to assist director in resolving such issues.
By looking into the fate of the allottees and complainants, the reliefs which may be granted under Section 18 of RERA Act, 2016 ae as follows:
1. All the complainants and similarly placed allottees of disputed project shall have superior rights to claim refund of money along with interests over the other person including financial institutions or creditors of any kind.
- The allottees shall be treated in par with other creditors if their claims are not fully satisfied from the assets of the promoters other than the assets of the project.
3. Haryana’s Director, Town and Country Planning Department is responsible to make sure the project is completed, based on sanctioned plans and take measures to take over the project despite the proceedings pending against the project assets.
- The executive director of this authority shall file a suo motu complaint against the respondent M/s Piyush Colonisers Limited and also implead director, Town and Country Planning Department as respondents for following up actions taken on directions.
5. The complainants and similarly placed allottees may present this order before any authority or court to execute the order of liquidation of assets of the project and as well as other assets of the respondent company for satisfaction of this order. However, a limitation is placed on the complainants and similarly placed allottees to get refund of the amount they had paid for the project along with interests as per Rule 15 of RERA Act, 2016.
Courtesy/By: Nikkitha Krishnan
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21 Dec 2018
