GURUGRAM: The Haryana Real Estate Regulatory Authority (HRera) has issued two significant rulings.
In the first case concerning DLF Corporate Greens, HRera determined that the project, completed before the RERA framework began, does not qualify as an “ongoing project” and therefore does not need to be registered under the Act. Buyers had raised issues regarding delays in possession and disputed additional charges.
The second ruling, involving Emaar India Ltd, emphasized that HRera cannot re-evaluate its own decisions or those made by the appellate tribunal. In this instance, two complainants reported a delay of nearly four years and eight months between the expected and actual possession dates.
Both rulings highlight HRera’s approach: it will refrain from addressing cases outside its statutory authority and will uphold the finality of previously settled disputes, thereby reinforcing certainty within Gurgaon’s real estate market.
These orders clarify HRera’s jurisdictional limits and confirm the finality of adjudicated disputes, offering clarity to all stakeholders involved.
In the DLF Corporate Greens case, HRera dismissed buyers’ complaints, ruling the matter was beyond its jurisdiction as per the Real Estate (Regulation and Development) Act. The order, dated March 12, 2026, noted that the project received its occupation certificate on June 19, 2014, prior to the enforcement of Haryana RERA Rules in 2017.
The complainants had booked a commercial unit of approximately 1,600 sq ft in 2010 for about Rs 92 lakh, claiming they paid over Rs 1 crore and alleging delays in possession, disputing additional charges, and seeking interest and execution of the conveyance deed.
However, HRera declined to assert jurisdiction, dismissing the complaint without delving into the specifics. Concerns regarding delays, additional charges, and area measurements were not addressed, as HRera advised that such disputes should be handled by appropriate forums.
In another order dated March 25, 2026, the adjudicating officer dismissed a new compensation claim filed by Neeraj Kumar Sharma and Mallika Dixit against Emaar India Ltd, pointing out that the issue had already reached a final resolution. The complainants had purchased a flat in Emaar Palm Gardens, Sector 83, in November 2011, with possession promised by March 2016. Actual possession was granted only in November 2020 following necessary repairs.
Previously, in January 2020, HRera directed the developer to compensate for the delay at an annual rate of 10.20%, a decision supported by the appellate tribunal in April 2022. It was noted that the buyers had already received more than Rs 38 lakh as compensation for the delay.
The adjudicating officer rejected the new claim, stating, “the reliefs sought are effectively a reopening of a dispute that has already been concluded and attained finality.”
Additional claims, such as compensation for construction delays, alleged reductions in carpet area, delay in the conveyance deed, additional car parking, and construction deficiencies were also dismissed.
