RERA Orders Refund of Money in cr Against Builder

Shimla, Dec. 19 –  The spokesman of Real Estate Regulatory Authority (RERA) Himachal Pradesh stated that this authority had received 12 complaints from the different complainants against M/s Rajdeep & Company Infra Pvt. Ltd., Rajdeep Sharma S/o Sansar Chand Sharma, Sakhsi Rajdeep W/o Rajdeep Sharma, Shkuntla Devi W/o Sansar Chand Sharma, R/o Village Jakhar, Tehsil Rohru, Distt. Shimla H.P. alleging that they have booked flats in the claridge Residency project at Bharari in blocks A, B, C and D in the year 2014. The total land of  the project is 1418 sq. meters Rajdeep Sharma owner of the project had transferred the titles and interests in the land to the M/s Rajdeep and Company Infra Pvt. Ltd. through Joint Development Agreement in May 2014. Out of 12 complaints received against the above promoters/developers 9 have been decided in the favour of allottees and 3 others are pending for hearing/order. The 5 complainants had alleged that Rajdeep Sharma promoters along with others members of the family have grabbed the hard earned money 1.65 Crores approximately by booking of 2BHK/3BHK flats in Blocks C and D. The promoters/company concerned has not executed the construction work in time or have delayed the possessions of the flat in the prescribed period and in deviation of the sanctioned plans approved the municipal corporation. The complainants as above have also alleged that inspite of receiving their consideration amount for booking the flats by promoters in Block C have even sold their flats to third party and they are deprived of the flats for residential purpose. Others complainants have alleged that they are living in these flats allotted by spending huge similar amounts in crores in Block A but the M/s Rajdeep and Company Infra Pvt. Ltd. And Rajdeep Sharma have not still provided them the domestic water connections/electricity connections in spite of repeated requests by them time to time. They are paying the commercial rates for the facilities of water and electricity connections being charged on commercial basis. He has also received the maintenance charges in lakhs from them without providing the basic facilities of parking, electricity and water connections club house building/Gym etc.

The Authority has decided 9 cases on merit and has directed the respondent promoters to refund an amount Rs. 1.65 crore with 7.3% interest at SBI-MCLR (Highest Marginal Cost of Lending Rate) plus 2% as per rule 15 of Himachal Pradesh Real Estate Regulation and Development Rules 2017. They are liable to pay 9.3% interest on the above amount of 1.65 crore approximately along with refund of it. The Authority has also imposed penalty worth rupees 21 lakhs to be deposited in the RERA Account for non completion of obligation under the Act to be paid in 2 months failing which they have to pay a penalty of double the amount. The Authority has further imposed penalty upon the promoters M/s Rajdeep and Company Infra Pvt. Ltd and Rajdeep Sharma the Promoters for not providing basic facilities electricity and water connections and also taking also charges from the complainants without providing facilities worth rupees 18 lakhs to be paid in a prescribed period 2/3 months failing which the amount of penalty and refund of extra maintenance charges will be paid by the defaulting promoters worth rupees above 50 lakhs. Further they have to pay interest at SBI-MCLR rate to the complainants from the date of disconnections of their electricity and water connections till the date of restoration of these connections on the amounts charged by them and the date of charging of extra maintenance charges from the complainants at the rate of 9.3%.

These orders have been uploaded on RERA website www.hprera.in