Haryana Real Estate Tribunal Awards Compensation in Sumant Singh Ajay vs. M/s Konark Raj Hans Estate Pvt. Ltd. Case

In a recent case before the Haryana Real Estate Appellate Tribunal, Sumant Singh Ajay, a resident of Haridwar, Uttarakhand, filed an appeal against M/s Konark Raj Hans Estate Pvt. Ltd., a prominent real estate developer. The dispute arose from a delayed possession of an apartment, leading the complainant to seek various reliefs, including a refund of the deposited amount, compensation for rent, mental harassment, and medical expenses. The Tribunal, consisting of Justice Rajan Gupta (Chairman), Shri Inderjeet Mehta (Member, Judicial), and Shri Anil Kumar Gupta (Member, Technical), examined the case thoroughly and delivered its decision on May 16, 2023.

Background

Sumant Singh Ajay initially booked a 1110 square feet apartment with M/s Konark Raj Hans Estate Pvt. Ltd. on June 16, 2016. However, both parties agreed to change the allotment to a larger 3BHK apartment measuring 1405 square feet, leading to the execution of a revised agreement on July 29, 2016. The possession of the apartment was originally scheduled for May 31, 2019, but the complainant alleged that it was not delivered, prompting him to file a complaint with the Haryana Real Estate Regulatory Authority.

The Complaint and Proceedings

The complainant, Sumant Singh Ajay, filed a complaint before the Adjudicating Officer, seeking relief in the form of a refund of the deposited amount, interest, compensation for rent, mental harassment, and medical expenses. The respondent, M/s Konark Raj Hans Estate Pvt. Ltd., contested the maintainability of the complaint and refuted the claims made by the complainant.

Both parties presented their evidence in the form of affidavits. After careful consideration, the Adjudicating Officer accepted the complaint and granted compensation to the complainant under various Acts. The officer ordered the respondent to pay an amount of Rs. 1,40,000/- as compensation for the rent claimed and paid by the complainant.

The Appeal and Tribunal Decision

Dissatisfied with the granted reliefs, Sumant Singh Ajay filed an appeal before the Haryana Real Estate Appellate Tribunal. The appellant argued that the compensation for rent, mental agony and harassment, and litigation costs should have been higher. The respondent, M/s Konark Raj Hans Estate Pvt. Ltd., opposed the plea and supported the previous order.

After careful consideration of the arguments, the Tribunal found no merit in the appellant's plea for a longer period of compensation for rent. However, the Tribunal acknowledged that the amount granted for mental agony and harassment was insufficient. Consequently, the Tribunal awarded an additional amount of Rs. 30,000/- for mental agony and harassment, as well as an additional amount of Rs. 25,000/- for costs of litigation.

Conclusion

The Haryana Real Estate Appellate Tribunal's decision in the case of Sumant Singh Ajay vs. M/s Konark Raj Hans Estate Pvt. Ltd. highlights the legal battle between a homebuyer and a real estate developer. While the complainant sought various reliefs due to the delayed possession of the apartment, the Tribunal carefully examined the evidence and awarded additional compensation for mental agony, harassment, and litigation costs. This case serves as an example of the importance of consumer protection and the role of tribunals in resolving real estate disputes.

Note: The information provided in this article about Haryana Real Estate Regulatory Authority (HRERA) is for informational purposes only. It is not intended as legal or professional advice and readers should consult qualified professionals for advice specific to their circumstances. The information provided in this article is based on the Appeal No.145 OF 2022 before the Haryana Real Estate Regulatory Authority

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