Punjab RERA orders ₹24.38 lakh refund to buyer of Sunny Enclave plot in Kharar

Punjab RERA has ordered Bajwa Developers Ltd. to refund ₹24,38,075 with interest to a buyer who paid in full for a plot in the Sunny Enclave township in Kharar, Mohali district, but never received possession, LiveLaw Business reported on 1 June 2026.

The order, dated 27 May 2026, was passed by Authority Member Binod Kumar Singh in Complaint No. 0015 of 2023.

Background

The complainant, Sanjeev Kumar, a Gurgaon resident, booked the plot in 2012 with possession promised within three years. He paid ₹7.30 lakh in July 2012, ₹4.86 lakh in April 2013 and ₹6.08 lakh in June 2013. After the developer said there was a "problem" with the first plot allotted (No. 534) and re-allotted Plot No. 500-D in July 2015, he paid a further ₹5.56 lakh and ₹57,500 towards external development charges.

He wrote to the developer in 2022, sent a legal notice in October 2022 and filed the complaint in January 2023.

The Authority's reasoning

• The delay in possession was inordinate, so the buyer was entitled to withdraw and claim a refund with interest under Section 18 of the RERA Act, 2016.
• The developer filed no substantive reply on non-delivery in hearings from April 2023 to March 2026.
• Even without a formal agreement to sell, the developer's assurances of delivery within a reasonable time counted.
• The Authority relied on the Supreme Court's rulings in Fortune Infrastructure v. Trevor D'Lima and Newtech Promoters v. State of U.P.

The order

Refund of ₹24,38,075 with interest at 10.80% a year from each date of payment until it is paid, within 90 days. Failure to pay can lead to further action under the Act.