GURUGRAM: Haryana Real Estate Regulatory Authority (HRera) has ordered developers to pay a compensation amounting to Rs 41 lakh to buyers for delay in handing over an apartment in Sector 86.
While the apartment had been booked in 2015, the possession was offered to the buyers by 2018.
On Feb 11, the adjudicating officer of HRera (Gurgaon) directed developers Microtek Infrastructures Pvt Ltd and Deepanshu Projects Pvt Ltd to pay the amount to allottees Mridula Parti, who is an NRI, and her brother Partha Sarathi De over an eight-year delay in handing over the apartment in the Greenburg project.
The order awarded approximately Rs 40 lakh towards loss of appreciation, Rs 1 lakh towards mental inconvenience and Rs 50,000 as litigation costs. Interest at 10.85% per annum has also been directed from the date of the order until payment. Certain other claims were not allowed due to lack of supporting documents or overlap with relief already granted.
According to the order, the allottees had booked a 1,480 sq ft apartment (Unit J-602, 6th floor) in May 2015 for around Rs 1 crore. They paid over Rs 40 lakh towards the unit.
Project advertisements had indicated possession by Jan 1, 2017. However, a conditional occupation certificate (OC) was issued in July 2017 and possession was offered in July 2018. The order noted that electricity meters were installed only in Aug 2018, affecting the apartment’s readiness for occupation.
In an earlier proceeding before HRera, the authority had directed a refund of the deposited amount after certain deductions along with interest.
Subsequently, the allottees approached the adjudicating officer seeking compensation in relation to the delay and its impact.
After examining the submissions and records, the adjudicating officer observed that the apartment was not delivered in a fully completed and ready-to-occupy condition within the committed timeline.
Referring to provisions of the Real Estate (Regulation and Development) Act, 2016, the officer held that allottees are entitled to compensation where delivery of possession is delayed beyond the agreed period.
The developers had submitted that delays were linked to regulatory approvals and that the project had been completed. The adjudicating officer considered the overall timeline and availability of essential services while determining the compensation.
