Project 'unsafe', pay Rs 4cr to buyer: Haryana Rera to Chintels Paradiso

GURGAON: Haryana Rera has ordered Chintels India to pay over Rs 4 crore to a homebuyer in Chintels Paradiso, holding the developer liable for grave construction defects that left the project unsafe to live in, reports Rao Jaswant Singh. The order follows successive audits after the Feb 10, 2022 collapse in Tower D that killed two residents and exposed severe structural failures across the complex.

The complaint was filed by Delhi resident Aruna Garg, who bought a 4BHK flat in Tower C and paid over Rs 1.8 crore, more than the agreed sale price.

After taking possession in Oct 2019, Garg soon complained about cracked tiles, uneven flooring and damage in balconies and common areas. According to the order, these defects were repeatedly flagged to the developer, but were not adequately addressed.

The case acquired far greater significance after the Tower D collapse. District-level inquiries and structural audits, including by IIT-Delhi, found widespread corrosion in reinforcement steel in multiple towers. The damage was linked to chlorides embedded in the concrete during construction. Experts concluded that the deterioration was so advanced that repairs were neither technically sound nor economically viable.

In its March 30 order, Rera adjudicating officer Rajender Kumar said the allottee could not be faulted for the defects and that it was "the sole responsibility of the respondent to construct the project as per prescribed norms". Rera also noted that buyers had been promised construction of "international standards", but the project had effectively become unfit for habitation.

The authority also examined the two broad options discussed earlier for affected buyers - compensation or reconstruction.

The developer was unwilling to reconstruct, while Garg opposed the Rs 7,500 per sqft benchmark suggested under committee recommendations, arguing that it did not reflect current market realities.

Rera accepted that property values in Sector 109 had risen sharply between 2022 and 2026 and recalculated compensation at Rs 13,000 per sqft. On that basis, it awarded Garg Rs 4 crore, inclusive of the amount already paid for the flat.

The authority also asked the developer to refund Rs 4.6 lakh paid as stamp duty, pay Rs 2 lakh for mental agony and harassment, and Rs 50,000 towards litigation costs. But Garg's claims for rental loss, EMI burden, delayed compensation and higher damages were rejected, with Rera saying that market appreciation had already been built into the final award.

The developer must also pay 10.8% annual interest from the date of the order until full payment. Asked about the order, a Chintels spokesperson said, "We have not received any official order till now. We can comment only after we receive it."

Asked about the order, a Chintels spokesperson said, "We have not received any official order till now. We can comment only after we receive it."