Builder can deduct amount as per agreement if buyer opt out for no reason: Haryana RERA

NEW DELHI: Haryana Real Estate Regulatory Authority (Haryana RERA) in a recent order has said that the builders are entitled to deduct or forfeit the deposited amount as per the agreement if the buyers opt to withdraw from the project for no particular reason.

The authority was hearing the case filed by home buyers against Godrej Premum Builders and Magic Info Solutions for the Godrej Summit project situated in sector 109, Gurugram.

As per the case, the builder-buyer agreement was signed in 2013 and the possession was to be given in 48 months with additional period of six months. The project was delivered in 2017.

Buyers in their plea said that the builder failed to provide status report of the project as well as the building plans and hence they decided to withdraw from the project and sent a mail in 2015 for cancellation and refund of the deposited amount after deducting 2% of maximum within two months which was accepted by the builder. However later builder sent a demand letter to pay remaining amount.

Godrej Premum Builders in their plea said that the apartment was booked with Magic Info Solutions hence they are liable for all acts pertaining to the transaction.

Magic Info Solutions through their counsel advocate Kapil Madan and Saurabh Gauba said that the buyer booked the apartment on their own satisfaction and chose construction linked plan. The project was delivered on time and all the project related details were shared with all buyers including the complainant. Besides, all the details were made available on the website as well.

The builder further said that they offered refund post 20% deduction of the deposited amount as per the agreement. But the buyers are not ready to receive the same.

The authority after hearing the matter said that it is not proved that the builders were at fault in not delivering the possession in time or did not provide any information, about progress in the construction of project or misrepresented any facts.

In the same way, the buyers failed to prove as what promise was given to them due to which same opted to cancel their unit and asked for refund. If the complainants by their sweet will opt to withdraw from the project, then the builders are entitled to deduct/forfeit the amount as per agreement.