GURUGRAM: Five years on, Haryana Real Estate Regulatory Authority (HRera) has directed a developer to pay delay possession charges to two allottees maintaining that the promoter “failed to offer possession within the stipulated timeline”.
Rera member Phool Singh Saini passed the order against Burman Estate Pvt Ltd on a complaint filed by South Extension residents Nidhi Aggarwal and Deepak Aggarwal regarding delay in handing over possession of a serviced apartment unit in its project — Gurgaon Spectrum Centre — located in Sector 82A. The possession was due by March 15, 2021.
Rera directed the developer to pay delay possession interest at 10.80% per annum, calculated from March 15, 2021, “till the date the possession is offered” after obtaining the occupation certificate (OC) from the competent authority, plus two months or actual handing over of possession, whichever is earlier. The order was passed on Fab 19, but it was uploaded on the website on Friday.
The authority said that although the OC was issued on Nov 19, 2024, the developer had not offered possession of the unit to the complainants till the time of hearing. This amounted to “failure” to fulfil the obligation of handing over possession within the agreed period, it said.
The complainants had booked apartment number 911 on the 9th floor, measuring 663 sq ft. The allotment letter was issued on Nov 5, 2015 and the builder-buyer agreement was executed on Dec 15, 2016. The total sale consideration of the unit stood at Rs 64.8 lakh, out of which the complainants paid Rs 67.4 lakh to the developer.
The developer had promised to hand over possession within 45 months from the date of execution of the agreement, along with a 180-day grace period.
The complainants approached Rera alleging delay in possession and sought relief including payment of delay possession charges, execution of conveyance deed, refund of excess GST charged, correction of accounts and other directions relating to maintenance and rental pool arrangements.
The developer, in its reply, contended that the delay occurred due to circumstances beyond its control, including restrictions imposed by National Green Tribunal on construction activities in the NCR region, weather-related disruptions and the impact of the Covid-19 pandemic and lockdowns. It also submitted that the project construction was completed and an application for the OC had been made earlier but was returned due to a change in the company’s name following a policy decision and a high court ruling.
Rera observed that the developer had already availed the six-month extension granted under a 2020 HRera notification for Covid-19 related delays.
The authority held that seeking a second extension on the same ground was not justified and therefore the due date of possession would remain March 15, 2021.
