NEW DELHI: The Haryana Real Estate Regulatory Authority (H-RERA), Gurugram has directed Elan Buildcon to pay outstanding fixed returns to allottees of a commercial unit in its ‘Elan Miracle’ project in sector 84, Gurugram, and to execute the conveyance deed within three months, while allowing only limited recovery on account of increased super area and maintenance charges.
The order was passed on February 13, 2026.
The complaint was filed by two allottees of the ‘Elan Miracle’ commercial project. As per the order, the unit was initially allotted measuring 625 sq ft (super area), and a builder-buyer agreement was executed on October 3, 2019. The total sale consideration was recorded at ₹70.59 lakh, against which the complainants paid over ₹79.82 lakh, including taxes and adjustments.
The allottees contended that:
- The developer had committed to pay a fixed return of ₹27,938 per month (inclusive of TDS) from the date of provisional booking until offer of possession.
- The fixed returns were stopped after July 2021.
- The super area was unilaterally increased from 625 sq ft to 672 sq ft at the time of offer of possession, leading to an additional demand.
- Maintenance charges were levied from June 2023 onwards despite alleged non-handover of physical possession.
The authority examined clause 7 of the buyer’s agreement, which provided 48 months for possession from the date of execution, with a grace period of 12 months. It held that the due date of possession, including grace, was October 3, 2024.Since the occupation certificate (OC) for the project was obtained on March 15, 2023, and possession was offered on March 22, 2023, HARERA concluded that there was no delay attributable to the promoter. Accordingly, it held that no case for delay possession charges under Section 18(1) of the Act was made out.
However, it directed the promoter to hand over possession in terms of the agreement dated October 3, 2019, and to get the conveyance deed executed in favour of the allottees within three months, subject to payment of applicable stamp duty and registration charges.
On the issue of assured/fixed returns, the authority examined the “Terms and conditions for fixed amount on provisional booking” dated October 4, 2018. It held that this letter constituted an agreement for sale within the meaning of section 2(c) of the Act and formed part of the builder-buyer relationship.
H-RERA observed that the promoter had agreed to pay ₹27,938 per month (inclusive of TDS) from the date of provisional booking until issuance of offer of possession.
As possession was offered on July 9, 2021 (for fit-outs), the authority directed the developer to pay fixed returns at the agreed rate from October 1, 2018 till July 9, 2021, after adjusting any amount already paid. It further directed that the outstanding assured return amount be paid within 90 days, failing which interest at 8.80% per annum would be payable till realisation.
The authority also examined the increase in super area from 625 sq ft to 672 sq ft, an addition of 47 sq ft, or about 7.52%.
Referring to the Haryana Real Estate (Regulation and Development) Rules, 2017, which permit area variation up to a maximum of 5%, H-RERA held that the promoter is entitled to charge only for the increase within the permissible 5% limit. Any amount collected beyond that must be refunded.
On the issue of maintenance, the Authority noted that the occupation certificate was obtained on March 15, 2023, and possession was offered on March 22, 2023.
It ruled that maintenance charges can be levied only from the date of offer of possession, March 22, 2023, and not for any prior period. Any excess recovery on this account would need to be adjusted/refunded.
