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Chandigarh: RERA orders developer to hand over delayed SCO unit

The order was issued on the complaints of Santosh Machagalath Krishnan and Nisha Puliyoth Nandanan, residents of Sector 125, Mohali

Published on: Dec 03, 2025 05:16 AM IST
By , Chandigarh
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The Real Estate Regulatory Authority (RERA), Punjab has directed Bajwa Developers Limited to hand over possession of a commercial SCO (shop-cum-office) unit to two Mohali residents, nearly a decade after they paid the full amount and received the conveyance deed.

A conveyance deed was executed in their favour on September 19, 2014, followed by mutation in revenue records. (HT Photo for representation)
A conveyance deed was executed in their favour on September 19, 2014, followed by mutation in revenue records. (HT Photo for representation)

The order was issued on the complaints of Santosh Machagalath Krishnan and Nisha Puliyoth Nandanan, residents of Sector 125, Mohali. The complaint, filed under Section 31 of the Real Estate (Regulation and Development) Act, 2016, pertained to the non-delivery of possession of SCO No 178 (62.22 sq yards) located in High Plaza Market, Sunny Enclave, Sector 124.

According to the complaint, the unit was booked on December 22, 2012, and an agreement to sell was executed three days later. The total sale price was fixed at 31 lakh, but the buyers ended up paying 36.48 lakh — more than 100% of the amount demanded.

A conveyance deed was executed in their favour on September 19, 2014, followed by mutation in revenue records. However, despite completing all financial obligations, the complainants alleged that physical possession was never offered. They also stated that the developer failed to obtain the required partial completion certificate or occupation certificate, as mandated under Section 17 of the RERA Act.

The complainants submitted key documents including the agreement to sell, payment receipts, no-due certificate, layout plan, and the registered conveyance deed. Since the developer did not contest the claims, the evidence remained unchallenged.

During arguments, counsel for the complainants emphasised that the promoter had violated Section 17 of the act, which obligates the developer to deliver possession and execute necessary certificates within the stipulated time. The prolonged delay, he submitted, entitled the buyers to interest on the deposited amount.

After examining the unrefuted evidence, RERA Punjab held the complainants’ request to be justified and issued the directions that the developer must offer possession of SCO No 178 within three months from the date of the order, strictly as per the terms of the conveyance deed. The complainants must take possession within one month of receiving the possession offer. The developer must pay interest for the delayed period on the amounts paid by the buyers, at the rate prescribed under Rule 16 of the Punjab Real Estate Rules, 2017.

Jarnail Singh Bajwa ,who is the chairman and managing director of Bajwa Developers Private Limited, is facing over 40 cases of cheating investors.In August this year, a Kharar court awarded him three-year rigorous imprisonment for defrauding government officers in the name of an affordable housing project.

 
ABOUT THE AUTHOR
Hillary Victor

Hillary Victor is a Special Correspondent at Chandigarh. He covers Chandigarh administration, municipal corporation and all political parties.

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