GURUGRAM: The Haryana Real Estate Regulatory Authority (HRERA) has mandated that a real estate company pay an annual interest of 11.1% to a complainant due to a delay exceeding four years in the delivery of a commercial unit in its Sector 70 venture, ‘70 Grandwalk’.
The complaint, lodged under Section 31 of the RERA Act, was resolved on July 24 by HRERA (Gurgaon). The authority specified that the interest must be disbursed within 90 days of the order’s date.
Additionally, Shine Buildcon Pvt Ltd has been ordered to transfer possession within 30 days upon the complainant settling dues and to finalize the conveyance deed according to Section 17 of the Act.
The Authority expressed strong disapproval of the unauthorized charges imposed by the developer, such as inflated fees for car parking and club memberships. It ruled that Shine Buildcon cannot request any fees not outlined in the original buyer’s agreement.
Moreover, charges for electricity, maintenance, and other utilities must align strictly with the agreement and be apportioned accordingly.
The complainant had booked Unit A-001, a 907 sqft commercial shop located on the ground floor of the project in October 2014. A buyer’s agreement was finalized on May 11, 2015, stipulating that the developer was to hand over possession within 42 months, with an additional six-month grace period. This set the due date for possession to May 11, 2019.
However, the occupation certificate was only issued on October 10, 2023, and the offer of possession was presented on November 24, 2023 — reflecting a delay exceeding four years.
Shine Buildcon contended that the delay was due to force majeure events such as demonetization, GST rollout, environmental restrictions, and the COVID-19 pandemic. However, HRERA dismissed these arguments, noting that the disruptions were temporary and insufficient to justify the extensive delay.
