TGRERA asks firm to refund Rs 5.5 lakh for not handing over flat
Hyderabad: The Telangana Real Estate Regulatory Authority (TGRERA) has directed Hyderabad-based Oakland Infra to refund Rs 5.5 lakh to a homebuyer after the firm failed to hand over a flat in its “Amogha Western Heights” project at Adibatla in Rangareddy district.
The complainant, Rama Naresh, had paid Rs 8 lakh as an advance and entered into an agreement of sale on May 24, 2023, for Flat no 311 in the project, valued at Rs 52 lakh in all. When construction failed to progress and possession was not handed over, he decided to withdraw from the project and sought a refund.
Only partial refund paidNaresh told the authority that the firm had refunded only Rs 2.5 lakh of the advance, and that cheques issued towards the remaining amount had bounced. Despite repeated requests, the balance was not returned, prompting him to move TGRERA.
Oakland Infra, in its defence, said it had entered into a memorandum of understanding (MoU) with JL Sathguru Developers and Constructions for marketing and promotion of the project. It claimed the delay was caused by the promoter’s failure to complete construction and infrastructure work, which led to disputes and a wave of cancellation requests from buyers.
The firm added that it had invested over Rs 2.31 crore in marketing the project and suffered losses after the promoter allegedly breached the MoU and engaged another marketing agency.
Buyer cannot be penalised for internal dispute: TGRERAThe authority held that a dispute between the construction firm and the promoter could not be allowed to affect the buyer. It noted that Oakland Infra had appeared before it in April 2026 and agreed to refund Rs 5.5 lakh to the complainant within six months.
Invoking Section 18 of the Real Estate (Regulation and Development) Act, 2016, TGRERA ruled that an allottee who withdraws from a project over failure to hand over possession is entitled to a refund along with statutory interest.
The authority also penalised Oakland Infra for violating its norms, holding that the firm had acted as a real estate agent without obtaining the mandatory registration under Section 9 of the Act, which requires any property dealer, broker or agent to register with the state RERA authority before facilitating the sale or purchase of a unit in a registered project.
TGRERA warned that if the firm fails to comply with the refund order by October 31, 2026, it will face further action under Section 63 of the Act, which provides for a daily penalty for as long as a promoter continues to defy a directive of the authority.
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