UPRERA refunds 1.39M to Greater Noida project allottee

31 Aug 2023 CW Team

In a significant move towards safeguarding consumer interests, the Uttar Pradesh Real Estate Regulatory Authority (UPRERA) has orchestrated the successful refund of Rs 1.39 million to an allottee of the 'Gaur City Mall' project in Greater Noida. The recipient, a patron of Gaur Hi-Tech Infrastructure’s endeavour, sought the refund due to the promoter's inability to provide the promised centralised air-conditioning, contrary to the initial commitment.

Having reserved a commercial unit within the 'Gaur City Mall' project in June 2020, the allottee, Dinesh Mohan Sharma, had settled the full amount of around Rs 1.741 million. Upon taking possession, Sharma's insistence on the agreed-upon centralised air-conditioning prompted him to file a complaint with UPRERA when the promise went unfulfilled by 2021.

The promoter's response highlighted that the majority of other allottees had independently installed individual air-conditioning systems (ACs), consequently leading to the non-implementation of the centralised AC system and exempting any allottee from additional charges. This information was shared during a bench hearing, following which the dispute was referred to the Conciliation Forum with the mutual consent of both parties.

Within the Conciliation Forum, Sharma's demand shifted from taking possession of the unit to seeking a refund of the invested sum. After evaluating the proceedings, the evidence presented by both parties, and the forum's hearings, the Conciliation Forum recommended a refund. Subsequently, the promoter adhered to the advice, returning Rs 1.39 million to the allottee after accounting for tax and other related charges, as per the initial agreement.

This instance underscores UPRERA's commitment to preserving consumer rights and upholding the accountability of real estate developers in adhering to project commitments.

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