Gurgaon: A homebuyer, who walked out of a delayed project in the city, cannot claim compensation from the builder, Haryana Real Estate Regulatory Authority (HRera) has ruled, because the Authority had earlier held him to be a defaulter. Adjudicating officer Rajender Kumar, on Oct 7, dismissed a complaint filed by Gagan Deep Singh, a Greater Kailash-I resident, against Ireo Grace Realtech. Singh had booked a 1,726.9 sqft apartment in the builder’s Corridors project in Sector 67A in 2013.The officer pointed out that Rules 28 and 29 of the Haryana RERA Rules, 2017 allow him to decide compensation only where the Authority has first established a violation by the promoter. As the Authority had instead held the buyer at fault, “this forum cannot allow compensation to the complainant,” he said, dismissing the complaint and sending the file to the record room.Singh signed the buyer’s agreement on April 3, 2014 for Rs 1.7 crore. Under a construction-linked plan, he paid Rs 48.4 lakh. He then stopped paying further instalments, citing delays, and the builder cancelled the flat on Sept 1, 2016. Singh first approached the Authority, which on Feb 8, 2024 ordered Ireo to refund his money after deducting 10% of the sale price as earnest money, with interest at 10.8% per annum from the date of cancellation. He then came to the adjudicating officer, seeking Rs 50 lakh as compensation for harassment and default, another Rs 50 lakh towards litigation costs, and refund with 24% interest. He also said a settlement, signed on July 15, 2024, was not honoured in true spirit.Ireo opposed the plea. It said the agreement pre-dated the RERA Act, force majeure hampered construction, and that Singh had defaulted despite repeated reminders. It added that under the settlement, Singh had agreed all his claims stood satisfied and that it had paid the agreed amount and deposited the TDS.The officer noted that possession was due on Jan 11, 2018, but the builder received its occupation certificate only on Jan 27, 2022. He agreed that Singh was within his rights to withdraw from the project. But the Authority, while deciding the earlier complaint, had found Singh a defaulter who failed to pay as per the plan, and the flat was cancelled only after reminders and final opportunities.