HRera Mandates Rs 41 Lakh Compensation for Delayed Gurgaon Apartment Handover
In a significant ruling, the Haryana Real Estate Regulatory Authority (HRera) has issued a directive compelling developers to provide compensation totaling Rs 41 lakh to buyers for an extensive delay in delivering an apartment located in Sector 86, Gurgaon. This decision underscores the authority's commitment to enforcing consumer rights under real estate regulations.
Details of the Compensation Order
The adjudicating officer of HRera in Gurgaon, on February 11, ordered developers Microtek Infrastructures Pvt Ltd and Deepanshu Projects Pvt Ltd to disburse the compensation amount to the allottees, Mridula Parti, an NRI, and her brother Partha Sarathi De. The delay spanned eight years, affecting the handover of the apartment in the Greenburg project.
The compensation breakdown includes:
- Approximately Rs 40 lakh allocated for loss of appreciation due to the prolonged delay.
- Rs 1 lakh awarded for mental inconvenience suffered by the buyers.
- Rs 50,000 designated to cover litigation costs incurred during the proceedings.
Additionally, the order stipulates that interest at a rate of 10.85% per annum must be paid from the date of the order until full payment is made. Certain other claims from the allottees were not granted due to insufficient supporting documentation or overlap with relief already provided.
Background of the Apartment Booking and Delays
The allottees had booked a 1,480 square foot apartment, identified as Unit J-602 on the 6th floor, in May 2015 for an amount around Rs 1 crore. They made payments exceeding Rs 40 lakh towards the unit. Project advertisements had initially promised possession by January 1, 2017.
However, the timeline experienced significant setbacks:
- A conditional occupation certificate was issued in July 2017.
- Possession was formally offered in July 2018.
- Electricity meters were installed only in August 2018, which further delayed the apartment's readiness for occupation, as noted in the order.
This series of delays prompted the allottees to seek redress through HRera, highlighting the impact on their investment and living arrangements.
Legal Proceedings and Developer Submissions
In earlier proceedings before HRera, the authority had directed a refund of the deposited amount after certain deductions, along with interest. Subsequently, the allottees approached the adjudicating officer to seek additional compensation specifically related to the delay and its consequences.
After a thorough examination of submissions and records, the adjudicating officer observed that the apartment was not delivered in a fully completed and ready-to-occupy condition within the committed timeline. Referring to provisions of the Real Estate (Regulation and Development) Act, 2016, the officer affirmed that allottees are entitled to compensation when possession is delayed beyond the agreed period.
The developers argued that delays were attributable to regulatory approvals and asserted that the project had been completed. However, the adjudicating officer considered the overall timeline and the availability of essential services, such as electricity, in determining the appropriate compensation amount.
This ruling serves as a precedent for similar cases, emphasizing the importance of timely project delivery and adherence to regulatory standards in the real estate sector.
