SUBHASH KUMAR GUPTA AND MAMTA GUPTA vs MAHINDRA HOMES PVT. LTD

Order pronounced. The respondent   is directed to refund to the complainant the paid-up amount of Rs. 1,30,81,829/- after deducting  10%  of the basic  sale  consideration of Rs.4,15,70,468/-. The respondent is further directed to pay interest at the prescribed rate i.e., 10.70% on the balance amount if any, from the date of cancellation i.e., 15.04.2019 till date of actual refund pf the amount within the timelines provided in rule 16 of the Rules.  Also, the amount of Rs. 83,30,596/- already paid to the complainant by the respondent while cancelling the unit shall be adjusted towards the amount payable as per the aforesaid direction. Detailed order will follow.  Matter stands disposed off. File be consigned to the registry.

The counsel for the complainant states that the unit of the allottee was allotted on 10.02.2015 and the complainant has paid an amount of Rs. 1,29,58,865/-   against the total sale consideration of Rs. 4,15,70,468/-. The complainant sought to withdraw from the project on 15.04.2019 and the request was accepted on 08.05.2019 and subsequently, the respondent refunded an amount of Rs.83,30,596/- after deducting an amount of Rs,47,51,230/-.  The present dispute is that the complainant states that the respondent was entitled to deduct only 10% of the  earnest money in view of Haryana  RERA Rules 2017 read with the Haryana Real Estate Regulatory Authority Haryana Gurgaon (forfeiture of earnest money by the builder) Regulation, 2018 Clause No.5.            The counsel for the respondent states that the amount to be deducted as per the said Rules, 2017 pertains to 10% of the  consideration amount of the Real Estate.  So far as definition of earnest money in the application form is concerned, the same is as under:- “Earnest money shall mean 10% of the amount payable  mentioned in the Details of Pricing annexed herewith as Schedule IX  hereto,  to ensure the performance, compliance and fulfilment of the obligations and responsibilities of the buyer under this Agreement”.              The counsel for the respondent cites a judgment of Hon’ble NCDRC in revision petition No.3860 of 2014 decided on 06.01.2015.                Arguments heard.              Order reserved.              In case the parties wish to file written submissions, they may file the same within a period of one week with an advance copy to each other.              Matter to come up on 31.05.2023 for pronouncement of order.

Case has been called out but no one has appeared on behalf of the complainant. One final opportunity is being granted to the complainant to pursue his matter. Matter to come up on 22.03.2023  for further proceedings.