#RERA While searching for RERA cases I stumbled upon this sad case where a homebuyer despite paying Rs 1.07 crore had to wait 10 years for construction of his flat and it was still not fully constructed.Initially this homebuyer booked a flat in Gurgaon back in 2013 by paying Rs 12 lakh. Subsequenlty the agreement was signed in 2014 and by this time he paid Rs 95 lakh more, so total Rs 1.07 crore. However after three years when he visitied the site he saw not even basic construction has begun. 

He then went to the builder's office to cancel the booking and get refund. Know what happened next? Instead of refund his booking was shifted to another higher priced flat. For this flat he had to pay Rs 47 lakh more. The twist does not end here. 

This 2nd flat also could not be constructed in time, so he was again shifted to another flat. This third flat also could not be constructed in time! This is when he filed a complaint in Haryana RERA.

​Haryana RERA said: "The respondent (builder) has been holding the amount paid by the complainant from 2013 and kept on changing the units of the complainants from one project to the other project on account of non-completion of the projects. The amount paid by the complainants has also been shifted and adjusted from one project to another. Even after a delay of more than 10 years, no unit has been delivered by the respondent to the complainants till date."

​"The respondent is directed to refund the full paid-up amount of Rs 1,07,47,778 along with interest at the prescribed rate i.e. 11.1% on the amount paid by the complainants, from the date of each payment till the actual realization of the amount within the timelines provided in rule 16 of the Haryana Rules 2017."

As per Pushkraj S. Deshpande​, "One of the main reasons as to why the builder lost the case is its contention that the delay was due to reasons attributable to force majeure, i.e., Covid-19 lockdown, which came into effect only on 23 February 2020, whereas the buyer’s agreement was executed on 21 January 2021, which was much later than the occurrence of pandemic. Also, the builder repeatedly changed the units of the complainants from one project to project another due to non-completion and further failed to obtain an occupation certificate and handover the possession to the complainants within the stipulated time being an inordinate delay of more than 10 years, thereby failing to abide by the RERA guidelines.”

As per Avikshit Moral, ​"The Developer had received part consideration almost 10 years prior to the order. It had allotted multiple units in lieu of another and the final unit was also not delivered on time as was contractually agreed. Hence, the developer was in terms of Section 18 (1) of the Real Estate (Regulation and Development) Act, 2016, (“RERA”) was directed to refund the part consideration together with interest of State Bank of India (MCLR) + 2% interest.”
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