GURUGRAM: The Haryana Real Estate Regulatory Authority (HRera) has mandated realtors Ansal Housing and Samyak Projects to compensate a homebuyer due to delays in the Ansal Hub 83 Boulevard project. In a ruling on Sept 18, the authority ordered the companies to pay interest of 10.9% per annum on the amount of ₹11,73,594 starting from the due possession date of April 21, 2019. The realtors are required to comply within 90 days.
The authority also reversed the builders’ unilateral cancellation of the unit, labeling it as “legally invalid.” Due to the original unit being sold to a third party, the developers are obliged to allocate a similar alternate unit to the complainant.
The complainant, Sourabh Nagpal, filed the case on behalf of his late wife, Sangeeta Nagpal, who had secured a shop in the project through a builder-buyer agreement dated April 21, 2015.
Possession was expected by April 21, 2019, including a six-month grace period. However, nearly five years later and after multiple payments toward the total due amount of ₹35,30,232, possession was never granted.
The project faced delays due to an ongoing dispute between Ansal Housing and Samyak Projects, the landowner. Samyak Projects terminated its Memorandum of Understanding with Ansal Housing in 2020 due to construction setbacks and assumed control of the project post-arbitration.
The complainant accused the new realtor of harassment, as they persistently insisted on signing an “arbitrary and unlawful” addendum agreement and demanded 95% of the total payment, threatening cancellation of the allotment if the requests were ignored. Ultimately, the allotment was canceled unilaterally, leading the complainant to discover that the unit had been sold to another party.
The realtors attributed the delays to unforeseen circumstances, particularly the Covid-19 pandemic and demonetisation. However, HRera rejected these explanations, stating that the possession deadline elapsed well before the pandemic began and ruled the cancellation of the allotment as unlawful and invalid.
