RERA Gurugram Directs BPTP To Refund Unlawfully Collected Maintenance Amount With 11 Per Cent Interest

Gurugram, July 4, 2026: The Real Estate Regulatory Authority (RERA), Gurugram, has directed developer BPTP Limited to refund an unlawfully collected maintenance charge of Rs 1,16,545 to an allottee. In a significant ruling that brings major relief to the homebuyer, the RERA court of the adjudicating officer decided on Complaint 531 of 2024, ordering the builder to repay the principal amount along with an interest rate of 11 per cent per annum. The interest will be calculated from the exact date the amount was initially collected by the respondent builder until its final realization, RERA Gurugram said in a press release.

The case arose after the complainant, who had booked an apartment at the Park Spacio project in Sector 37 D, Gurugram, approached the regulatory authority. The learned counsel for the complainant contended that the allottee was forced to pay the maintenance fees under duress, as the respondent refused to handover physical possession of the residential unit without the payment. 

The demand for these maintenance charges was not disputed by the respondent builder during the proceedings. However, the RERA order noted that there was no provision in the Buyer’s Agreement (BBA) allowing the promoter to collect maintenance charges before possession is officially handed over. The court declared it an unfair trade practice, stating that a promoter is not entitled to deny the handing over of possession based on the non-collection of advance maintenance fees.

In addition to the refund and interest penalties, the regulatory court took a stern view of the harassment faced by the homebuyer. The adjudicating officer allowed a sum of one lakh rupees to be paid to the complainant as compensation for causing mental agony. Furthermore, BPTP Limited has been directed to pay an additional Rs 50,000 to cover the legal and litigation fees incurred by the allottee during the dispute.

The ruling sets a clear precedent for the regional real estate sector regarding pre-possession charges. Emphasizing the legal boundaries of developers, the RERA adjudicating officer stated: “No promoter is entitled collect maintenance charges in advance before the handing over of the possession of the unit. Promoter should educate people in this regard and work as per the RERA rules.”