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Mohali: Consumer commission awards 9% interest for delayed home possession
Under the agreement for sale executed on September 7, 2023, the developer was required to hand over possession by December 31, 2023. However, the buyers said the developer failed to meet the deadline
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The district consumer disputes redressal commission directed Shivjot Realty to pay 9% annual interest on the amount deposited by two homebuyers for delaying possession of a residential floor at Roseate Homes, Zirakpur, by more than eight months.
The commission passed the order on a complaint filed by Jyoti Sharma of Solan, Himachal Pradesh, and Deepak Gautam of Sector 46-A, Chandigarh. The buyers had booked a 3BHK residential floor, Unit 21-B, on the second floor of Plot Number 21 at Roseate Homes, near Tribune Colony on Gazipur Road, for ₹44 lakh.
Under the agreement for sale executed on September 7, 2023, the developer was required to hand over possession by December 31, 2023. However, the buyers said the developer failed to meet the deadline.
The complainants sent communications to the developer on April 1, May 2, June 3, July 2, August 3 and September 7, 2024, seeking possession. The developer finally offered possession through a letter dated September 9, 2024.
The buyers then sought interest on their deposited amount for the delayed period, ₹5 lakh as compensation for mental agony and harassment, and ₹1 lakh towards litigation expenses. They also served a legal notice on January 8, 2025.
The commission noted that the developer and its authorised signatory did not respond to the proceedings and proceeded ex parte on October 30, 2025. The buyers’ evidence remained unopposed and established the delay in handing over possession.
The commission partly allowed the complaint and directed Shivjot Realty and its authorised signatory Amit Dua to pay 9% annual interest on the deposited amount for the period from January 1 to September 9, 2024.
The commission also directed them to pay ₹50,000 to the complainants as compensation for mental agony, harassment and litigation expenses. It held both opposite parties jointly and severally liable for complying with the order.
