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      HRera dismisses multiple homebuyer complaints, cites jurisdiction limits

      HRera
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      The Haryana Real Estate Regulatory Authority (HRera) has dismissed multiple complaints filed by homebuyers and residents, ruling that the claims either fell outside its jurisdiction or that the allottees had already been granted statutory relief in earlier orders.

      In one case, the Authority rejected a plea by Anju Rani, an Ardee City resident, seeking a refund of Rs 75,000 maintenance security deposit, ruling that the dispute arose from a private resale transaction, not a promoter–allottee relationship under the Rera Act, 2016. Rani argued that the deposit was refundable after maintenance services were handed over to the municipal authority and that all dues were cleared in 2022.

      However, the respondents contended that the maintenance agency was not a “promoter” under the Act and that the property transaction was between private parties, according to a report by The Times of India.

      Agreeing with the respondents, the Authority ruled that the  matter was civil in nature and beyond its jurisdiction.

      In another case, adjudicating officer Rajender Kumar dismissed a plea by Raj Kumar Chugh seeking additional compensation for  delayed possession in the Ansal Highland Park project in Sector 103, developed by Identity Build-tech.

      Chugh sought over Rs 53 lakh in compensation, including damages for mental agony, litigation expenses and alleged rental losses. However, the authority noted that in a previous order dated  Sept 24, 2021, the Authority had already directed the developer to pay interest at 9.3% per annum for every month of delay  from April 2017 until possession.

      Kumar held that under Section 18 of the Rera Act, an allottee who continues with the project is entitled to interest for delay, not separate compensation for the same cause.


      Similar reasoning was applied in two complaints filed by Delhi resident Sandeep Bansal against developer IREO in in relation to projects in Gurgaon.

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