GURUGRAM: Five years later, the Haryana Real Estate Regulatory Authority (HRera) has ordered a developer to compensate two allottees for delays in possession, citing the promoter’s failure to deliver within the agreed timeline.
Rera member Phool Singh Saini issued the directive against Burman Estate Pvt Ltd, responding to a complaint from South Extension residents Nidhi Aggarwal and Deepak Aggarwal regarding the delayed handover of a serviced apartment in the Gurgaon Spectrum Centre project, which was due for possession by March 15, 2021.
Rera has mandated the developer to pay interest for the delayed possession at a rate of 10.80% per annum, starting from March 15, 2021, until possession is granted following the procurement of the occupation certificate (OC) from the relevant authority. This interest will continue for an additional two months or until actual possession, whichever comes first. The ruling was passed on February 19 and was made public on the authority’s website recently.
The authority noted that, despite the OC being issued on November 19, 2024, the developer had yet to hand over the unit to the complainants at the time of the hearing, which constituted a “failure” to meet their obligation within the specified period.
The allottees purchased apartment number 911 on the 9th floor, with a total area of 663 sq ft. The allotment letter was dated November 5, 2015, and the builder-buyer agreement was finalized on December 15, 2016. The total sale price for the unit was Rs 64.8 lakh, though the complainants had paid Rs 67.4 lakh to the developer.
The developer had initially promised to deliver possession within 45 months of the agreement execution, including a 180-day grace period.
The complainants approached Rera, alleging a delay in possession and seeking relief, including payment of possession delay charges, execution of the conveyance deed, refund of excess GST, account corrections, and additional directives regarding maintenance and rental arrangements.
In its defense, the developer claimed that the delay was due to factors beyond its control, including restrictions from the National Green Tribunal affecting construction in the NCR, adverse weather, and challenges posed by the Covid-19 pandemic and lockdowns. They noted that the project was completed and an OC application was submitted but returned due to a name change resulting from a policy decision and a High Court ruling.
Rera remarked that the developer had already benefited from a six-month extension allowed under a 2020 HRera notification for Covid-related delays. The authority concluded that a second extension under similar circumstances was unwarranted, affirming that the possession due date remained March 15, 2021.
