Gurgaon: Haryana Real Estate Regulatory Authority (HRera) has directed a developer to refund the maintenance charges, which were collected before handing over possession of an apartment. It ruled that the amount was collected without legal backing and was liable to be refunded along with interest.On June 26, HRera (Gurgaon) told BPTP Ltd to refund Rs 1.1 lakh, holding that the developer was not entitled to demand such charges in advance. The authority also ordered payment of interest at 11% per annum on the amount from the date of collection until its realisation. The authority also awarded the complainant Rs 1 lakh as compensation for mental agony and harassment caused due to the developer’s actions. In addition, litigation costs of Rs 50,000 were granted.BPTP president, business development, Rohit Mohan told TOI, “We have not yet been formally served with the said orders. Upon receipt and review of the same, we will evaluate the matter and take appropriate legal recourse, if required.”According to the order, the complainant booked an apartment in BPTP Park Spacio in Gurgaon Sector 37D. During the proceedings, the allottee argued through counsel that he was compelled to deposit maintenance charges amounting to Rs 1,16,545 as the developer allegedly refused to hand over physical possession of the apartment unless the payment was made.The order held that the promoter could not make payment of maintenance charges a “precondition” for delivering possession and termed such conduct an “unfair practice”. The authority observed that there was no clause in the builder-buyer agreement authorising the promoter to recover the charges before handing over possession of the unit.The order was passed by the adjudicating officer Rajender Kumar, who observed that collecting maintenance charges before handing over possession of a unit “was not permissible in the absence of any contractual provision allowing such recovery”. The adjudicating officer noted that the developer did not dispute having collected the maintenance charges.The authority emphasised that developers are expected to comply with the provisions of the Real Estate (Regulation and Development) Act and should educate buyers about their rights and obligations instead of insisting on payments that are not legally due.The order is expected to have wider implications for homebuyers facing similar demands from developers before taking possession of their apartments. Legal experts said the ruling reinforces the principle that maintenance liability generally arises only after possession is handed over unless expressly provided for under the agreement and in accordance with applicable law. The decision adds to a series of orders by HRera aimed at strengthening consumer protection and ensuring greater accountability among real estate developers in the state.
