Gurgaon couple put Rs 50 lakh savings in Raheja project. Then began a 9-year fight

What followed was nearly nine years of waiting for a commercial unit that, the couple alleged, never progressed beyond the early stages of construction. Now, the Gurgaon bench of the Haryana Real Estate Regulatory Authority (HARERA) has ordered the builder to refund Rs 50.5 lakh with 10.80% annual interest to the couple.

It also struck off the developer’s defence after it intentionally evaded written replies across six hearings.

Project left incomplete

In an order dated August 14, which was uploaded recently, HARERA chairperson Arun Kumar ruled in favour of the allottees after they discovered that despite collecting over 95% of the total cost for a 578.99 sq ft commercial unit at ‘Raheja Trinity’, the promoter had left the construction site completely deserted.

As per the order and their complaint before RERA, the couple had booked a shop on the first floor in September 2017.

They signed a builder-buyer agreement on January 15, 2019, for a total sale consideration of Rs 52.98 lakh and deposited Rs 50,49,890 across installments.

Under the agreement, the builder committed to handing over possession within 48 months plus a 12-month grace period, setting the completion deadline for January 15, 2024.

However, when the buyers visited the site after the committed timeline elapsed, they were allegedly met with absolute inactivity.

“To the utter shock and dismay of the complainants… there was nothing on the ground i.e. the builder has not even completed the first phase of construction and… the construction was at halt and no one was present on the site,” the buyers alleged in their complaint, claiming that the promoter was “sleeping over the hard-earned money of the complainants without delivering their promises”.

Builder’s defence struck off

The dispute then moved before the real estate regulator.

During the regulatory proceedings, legal counsel for Raheja Developers marked attendance on six separate dates between September 2024 and August 2026, but persistently failed to put its stance on record, the RERA said.

“Despite giving specific directions to file a reply, it has failed to comply with the orders of the authority. It shows that the respondent is intentionally avoiding filing… written reply. Therefore, the defence of the respondent is hereby struck off,” the authority noted in its order.

Holding the promoter in violation of the Real Estate (Regulation and Development) Act, the authority cited a Supreme Court precedent to affirm that buyers have an “unconditional absolute right” to withdraw from a stalled project.

“The unqualified right of the allottee to seek refund… is not dependent on any contingencies or stipulations thereof,” the authority observed, noting that the Occupation Certificate had not been obtained even years after the promised completion date.

Order Rs 50.5 lakh refund with interest

Pegging the interest rate at 10.80%, calculated as the State Bank of India’s Marginal Cost of Funds Based Lending Rate (MCLR) of 8.80% plus 2%, HRERA directed Raheja Developers to refund the entire paid-up sum of Rs 50,49,890 — calculated from the date of each payment — within 90 days.

It warned that legal consequences would follow if it fails to do so.

The company and its PR representatives have been contacted for a response.

A fight that took its toll

Singh, who currently lives in a high-rise residential society towards Manesar, said it was a long fight.

“I found out about the order only on Wednesday. But I am happy that the authority gave us full compensation for the delay. The project is still nowhere near complete, I believe,” he said.

The money invested was hard-earned, their lifelong savings, he stressed.

“Respite will only come when we get the compensation now. We are not aware of any appeals being filed or planned. The law has considered our rights; we have to see how serious Raheja is now,” Singh added.

“We were prepared for it (proceedings) to take at least two years, which it did. We would have been happy if it took a year less, but thankful regardless. Fortunately, as buyers/investors, we had a RERA-registered agreement.”

The experience has also changed how he plans to approach future investments. “I’ll be much more careful now,” said Singh.

“I’ve not thought of where I’ll invest yet. Due diligence is very important in under-construction projects, I’ve now learnt the hard way… In this case, it was more painful because I had paid nearly 100% of the amount.”