NEW DELHI: Haryana Real Estate Regulatory Authority’s Gurugram bench has set aside the unit cancellation notice issued by Neo Developers, terming the cancellation invalid.
The order was passed in the case of Suman Lata versus Neo Developers, related to a commercial unit in Neo Square, Sector 109, Gurugram.
The complainant had approached the authority seeking quashing of the cancellation and directions to the developer to comply with the commitments made under the builder-buyer agreement and memorandum of understanding.
The authority noted that the allottee had paid a substantial amount of ₹84 lakh against the total basic sale consideration of ₹75 lakh. It held that the cancellation of the unit was invalid.
Haryana RERA directed Neo Developers to pay assured returns to the complainant at the agreed rate of ₹1,08,615 per month with effect from October 10, 2020 till a valid offer of possession, after deducting any amount already paid as assured return.
The developer has also been directed to pay the outstanding accrued assured return amount within 90 days from the date of the order, after adjustment of outstanding dues, if any.
The authority said the respondent cannot charge anything from the complainant that is not part of the MoU or buyer’s agreement.
It also held that the developer is not entitled to charge labour cess from the complainant, even if such a clause forms part of the builder-buyer agreement.
The promoter has been directed to hand over possession of the unit to the complainant in terms of the MoU and buyer’s agreement within 60 days, subject to payment of outstanding dues, if any.
The authority also directed the developer to execute the conveyance deed within three months from the date of the order.
