30.Jan.2023
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Gurugram: the homebuyers of Pyramid urban homes 2, in sector 86, will get a compensation amount of Rs. 50000 on every flat as the developer of this housing project has constructed two different towers in breach of the approved plan.
As two towers have been tagged illegally, the Haryana real estate regulatory authority ordered the developer to return the security amount, labor cess, and other charges collected from the homebuyers and fixed the maintenance cost for the project at Rs. 2.5/square feet.
On behalf of 30 home buyers, The complaint was lodged by Fight against Injustice Forum in urban pyramid homes. The booking for the flats was made in 2015, and they were delivered in November 2020.
The petitioner had stated that the developer of pyramid infrastructure Pvt ltd. had violated the terms of the affordable housing project policy,
as it had taken the amount before starting the project and collected more money as operational and services charges, electric meter, electricity connection, labor cess, VAT, and security.
They said the developer also constructed two more towers without the buyers' permission, and they edited and made changes to the builder and buyer agreement.
Rajender Kumar-H Rera, adjudicating officer, in order of September 19th, has found guilty on many allegations and ordered compensation for every accusation.
As the construction of towers was termed outlaw, objections made by the present home buyers were overlooked. The developer has been ordered to pay 50000 to each homebuyer as compensation. There were 2 illegal towers constructed, which were planned later. Allottees agreed to buy their flats, believing the open area would be used, but after completing the illegal towers, the common area decreased.
H-rera also directed the developer for a refund of 10%, which they collected as advance payment from the homebuyers. The developer has taken an opening amount of twenty percent of the total value of a home,
The developer was ordered to return the maintenance amount at Rs. 1.25 per sq. ft. in the order; it was mentioned that from now the maintenance fee would be Rs. 2.50 per sq ft., as well the developer will return the collected labor cess, and interest-free security along with 10% security on it.
According to The counsel of the petitioner Mr. Ashwani Kumar, the judgment is a landmark, and it could become a massive gift for all home buyers. And this will strait give benefit all those complaints.
The counsel of pyramid infrastructure Shrikant Kumar said that allottees applied under the affordable group housing project. After making a successful draw, the allotment of the flats was done, which was accepted by the buyers and the T&C. he also said an allottee of the property couldn't object. Moreover, they have lodged complaints of similar nature. The allottees know all the terms and conditions of the builder-buyer agreement. They have raised the complaint to avoid the payment of services, operations, and other charges.
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