GURUGRAM: The Haryana Real Estate Regulatory Authority (HRera) has mandated a developer to deliver possession of flats to allottees, along with applicable interest, due to a five-year delay.
HRera has ordered Sunrays Heights Private Limited to hand over possession following multiple complaints related to an affordable housing project in Sector 63. One prominent case was filed by Kinshuki Goel, concerning the 63 Golf Drive project, which spans 5.9 acres. The order does not specify a fixed handover date.
Homebuyers reported significant financial investments—some exceeding Rs 13 lakh—with possession still pending years after the initial timeline. The scheduled date for possession was March 16, 2021, yet neither an occupation certificate was secured nor possession granted.
The authority, under the leadership of Arun Kumar, stated that under Section 18 of the Real Estate (Regulation and Development) Act, 2016, allottees who do not withdraw from the project are “entitled to interest for every month of delay” until possession is formally handed over. The order specified that the interest rate would be tethered to the State Bank of India’s marginal cost of lending rate (MCLR) plus 2%. As of January 30, 2026, with the prevailing MCLR at 8.80%, the applicable interest rate totals 10.8% per annum.
HRera highlighted that the central issue across all complaints was the developer’s failure to deliver possession in a timely manner, breaching the Act’s regulations.
Complainants sought possession along with compensation for the delay and relief from any additional charges not stated in the builder-buyer agreement.
During the hearing, the developer cited force majeure conditions, like restrictions on mining, shortages of raw materials, environmental regulations, and disruptions from the COVID-19 pandemic, as reasons for the delay. They also mentioned GRAP restrictions and lockdowns affecting construction timelines.
However, HRera asserted that such delays must not indefinitely prevent homebuyers from receiving their rightful possession.
HRera emphasized that developers must adhere to their commitments as per the sale agreement and cannot transfer the burden of delays onto buyers. The authority dismissed claims from the developer that buyers had defaulted on payments, stating that these issues do not relieve them of their statutory obligations.
This ruling strengthens the rights of homebuyers in delayed housing projects and reinforces the regulatory body’s commitment to timely delivery. The authority has instructed the builder to comply with its responsibilities and ensure the transfer of possession along with the due interest, providing relief to affected allottees.
