NEW DELHI: The Haryana Real Estate Regulatory Authority (H-RERA) in Gurugram has ordered Elan Buildcon to pay outstanding fixed returns to allottees of a commercial unit in its ‘Elan Miracle’ project located in Sector 84, Gurugram. Additionally, the company is required to execute the conveyance deed within three months while allowing limited recovery for increased super area and maintenance charges. The directive was issued on February 13, 2026.
The complaint was lodged by two allottees of the ‘Elan Miracle’ project, which was initially allotted at 625 sq ft with a builder-buyer agreement executed on October 3, 2019. The total sale amount was recorded at ₹70.59 lakh, but the complainants have paid over ₹79.82 lakh, including taxes and adjustments.
The allottees raised several concerns:
- The developer committed to a fixed return of ₹27,938 per month (including TDS) from provisional booking until possession was offered.
- Fixed returns were halted after July 2021.
- The super area was increased from 625 sq ft to 672 sq ft upon the offer of possession, resulting in extra charges.
- Maintenance charges began to apply from June 2023 despite the alleged non-handover of physical possession.
The authority reviewed Clause 7 of the buyer’s agreement, which stipulated a timeline of 48 months for possession, with a 12-month grace period. The due date was determined to be October 3, 2024. Since the occupation certificate (OC) was issued on March 15, 2023, and possession was offered shortly after on March 22, 2023, HARERA concluded there was no delay attributable to the promoter, dismissing any claims for delay charges under Section 18(1) of the Act.
However, the authority mandated the promoter to fulfill possession terms per the October 3, 2019 agreement and to execute the conveyance deed for the allottees within three months, contingent on paying applicable stamp duty and registration fees.
Regarding fixed returns, the authority referred to the “Terms and conditions for fixed amount on provisional booking” dated October 4, 2018, confirming it as an agreement for sale as defined under Section 2(c) of the Act, integral to the builder-buyer relationship.
H-RERA noted that the promoter was obligated to pay ₹27,938 per month (including TDS) from the provisional booking date until the possession offer on July 9, 2021, after adjusting previous payments. The outstanding amount must be settled within 90 days, failing which interest at 8.80% per annum will accrue until payment is realized.
The authority also considered the super area increase of 47 sq ft, representing a 7.52% increase.
Citing the Haryana Real Estate (Regulation and Development) Rules, 2017, which allow for a maximum area variation of 5%, H-RERA concluded that the promoter can only charge for the increase within that permissible limit. Any fees collected beyond this threshold must be refunded.
On the subject of maintenance charges, the Authority determined they could only be applied from the date of possession offer on March 22, 2023, with no charges applicable for earlier periods. Any excess payments will need adjustments or refunds.
