Hyderabad: After paying lakhs and waiting over 13 years without getting either a home or his money back, a Hyderabad buyer has finally won relief, with the Telangana Real Estate Regulatory Authority (TGRERA) ordering the developer, Aliens Developer Pvt Ltd, to refund his dues with interest.
The Authority directed Aliens Developer to pay the remaining Rs 23.63 lakh along with interest.
Booked flat, but no possession
The complainant, Habeeb Nizamuddin, had booked a flat in 2010 in the “Aliens Space Station-1” project at Tellapur, developed by Aliens Developer. An agreement of sale was executed the same year, with possession promised by November 2011, with a grace period extending up to August 2012.
However, despite paying Rs 14.71 lakh, about 35 per cent of the total cost, the buyer did not receive possession even after several years, as the project failed to progress as committed.
Cancellation after years of delay
After waiting for more than a decade, the buyer opted to cancel the booking.
In April 2024, both parties executed a Deed of Cancellation, under which Aliens Developer agreed to refund Rs 14.71 lakh along with Rs 17.91 lakh as compensation for delay, taking the total to Rs 32.63 lakh.
The amount was to be paid in instalments between April 2024 and July 2025, offering hope of closure to the long-pending dispute.
Refund promise not honoured
Despite the formal agreement, the developer failed to adhere to the refund schedule. No payments were made initially, and the buyer was left waiting once again.
During the proceedings, the developer paid Rs 9 lakh in parts, but these payments were neither timely nor in line with the agreed instalments.
Further, Aliens Developer attempted to unilaterally extend the repayment timeline to July 2026, without obtaining the buyer’s consent.
Buyer retains ‘allottee’ status
Rejecting the developer’s contention that the complainant was no longer an allottee after cancellation, the Authority held that cancellation becomes final only when the entire refund is paid.
Since the agreed amount had not been fully returned, the buyer continued to be recognised as an allottee under the law, making the complaint maintainable.
Authority finds ‘continuing default’
The Authority observed that the failure of Aliens Developer to refund the amount, even after executing the cancellation deed, amounted to a continuing default.
It also observed that such conduct defeats the purpose of real estate regulations, which are intended to ensure transparency, accountability, and timely redressal of grievances faced by homebuyers.
Refund ordered with interest
In its final order, the Authority directed Aliens Developer to pay the remaining Rs 23.63 lakh (after adjusting Rs 9 lakh already paid) along with interest calculated at the State Bank of India’s MCLR plus 2 per cent per annum. The payment is to be completed within 45 days, failing which penalties under the law will apply.
Relief for buyers facing delays
The ruling sends a clear message that developers cannot delay refunds indefinitely or alter agreed terms without consent. It reinforces that homebuyers retain their legal rights until full payment is made, offering reassurance to many consumers facing similar delays in real estate projects.