Haryana RERA Mandates Developer to Compensate Allottees for Delayed Possession in Gurgaon
In a significant ruling, the Haryana Real Estate Regulatory Authority (HRera) has directed a developer to pay delay possession charges to two allottees, emphasizing that the promoter failed to offer possession within the stipulated timeline. This order comes five years after the establishment of HRera, highlighting its ongoing enforcement of consumer rights in the real estate sector.
Details of the RERA Order and Complaint
Rera member Phool Singh Saini issued the order against Burman Estate Pvt Ltd following a complaint filed by Nidhi Aggarwal and Deepak Aggarwal, residents of South Extension. The complaint pertained to delays in handing over possession of a serviced apartment unit in the Gurgaon Spectrum Centre project, located in Sector 82A. The possession was originally due by March 15, 2021, but the developer had not fulfilled this obligation despite obtaining an occupation certificate (OC) on November 19, 2024.
The authority has mandated that the developer pay delay possession interest at a rate of 10.80% per annum, calculated from March 15, 2021, until the date possession is offered after securing the OC, plus an additional two months or the actual handing over of possession, whichever occurs earlier. This order was passed on February 19 and uploaded to the HRera website on Friday, underscoring the procedural transparency in such cases.
Background of the Allotment and Developer's Defense
The complainants had booked apartment number 911 on the 9th floor, measuring 663 square feet. The allotment letter was issued on November 5, 2015, and the builder-buyer agreement was executed on December 15, 2016. The total sale consideration for the unit was Rs 64.8 lakh, with the allottees having paid Rs 67.4 lakh to the developer. According to the agreement, possession was promised within 45 months from the execution date, along with a 180-day grace period.
In their complaint, the Aggarwals sought relief including payment of delay possession charges, execution of a conveyance deed, refund of excess GST charged, correction of accounts, and other directions related to maintenance and rental pool arrangements.
The developer, in its defense, argued that the delay resulted from circumstances beyond its control. These included restrictions imposed by the National Green Tribunal on construction activities in the NCR region, weather-related disruptions, and the impact of the Covid-19 pandemic and subsequent lockdowns. Additionally, the developer submitted that while project construction was completed and an OC application was made earlier, it was returned due to a change in the company's name following a policy decision and a high court ruling.
RERA's Final Observations and Ruling
HRera observed that the developer had already availed a six-month extension under a 2020 notification for Covid-19 related delays. The authority held that seeking a second extension on the same grounds was not justified. Consequently, the due date for possession remained fixed at March 15, 2021, and the developer's failure to meet this deadline constituted a breach of obligation.
This case serves as a reminder of the robust regulatory framework provided by RERA in protecting homebuyers' interests and ensuring accountability among developers in India's real estate market.
