The Haryana State Real Estate Regulatory Authority (Haryana RERA) stated in its latest order that the developer has the right to deduct or forfeit the deposited amount under the agreement, in case the buyer exits the project without citing a reason.
The authorities made the decision after hearing a lawsuit filed by homebuyers against Godrej Premium Builders and Magic Info Solutions for Godrej Summit Project located in Sector 109, Gurugram.
According to the builder-buyer agreement signed in 2013, the possession was expected to be given in 48 months with an added period of six months. But the project got delivered in the year 2017.
Homebuyers mention in their plea that the developer failed to provide the project status report and the building plans, which made them change their plans and withdraw bookings. The buyers sent a mail to the developers for cancellation and refund of the deposited amount post the deduction of 2% within two months as agreed and the same was accepted by the developer. Going against the agreement between the developer and buyer, later the developer demanded for the remaining money in their demand letter.
Godrej Premium Builders mentioned in their plea that since the buyers booked apartment with Magic Info Solutions, they are the ones liable for all acts of transactions. However, Magic Info Solutions’ statement says that the buyers themselves made a conscious decision of choosing the construction linked payment plan. Therefore, the project was delivered at the promised time and the project related details were also shared with buyers and are available on the websites as well.
The developer further mentioned that the buyers refused to take the refund, which they offered after making 20% deduction of the deposited amount.
After hearing the issue, the authorities figured out that, it is still not proved if the developers are at fault for – not keeping the homebuyers updated about the progress in the construction, delivering the possession on time or misrepresenting facts.
Similarly, the buyers couldn’t prove the promise made by the developers, which made them cancel their apartment and ask for refund. Thus, the authority stated that, in case the homebuyer chooses to withdraw from a project, then the developer reserves the right to deduct or forfeit the amount according to the agreement.