Gurugram: Builders told to hand over flat, pay interest by HRERA

Order followed complaint by two buyers who paid ₹1.79 crore but got no possession since 2015; they also alleged unjustified increase in super area and extra charges.

The Gurugram bench of the Haryana Real Estate Regulatory Authority (HRERA, Gurugram) has directed a two developers to hand over a flat to homebuyers, pay interest on delayed possession, and refrain from levying unjustified charges, officials said on Tuesday.

Gurugram: Builders told to hand over flat, pay interest by HRERA

In its April 7 order, the authority instructed two developers of the project in Sector 111 to pay interest at 10.80% per annum on the amount paid by the complainants. The interest is to be calculated from the promised possession date of June 7, 2015, until the offer of possession or actual handover, whichever is earlier, the order stated.

According to an HRERA spokesperson, the order followed a complaint by two allottees who alleged that despite paying ₹1.79 crore for the flat, possession had not been handed over. They also alleged a unilateral increase in the super area, for which additional payment was demanded.

Pankaj Yadav, counsel for the homebuyers, said, “The buyer has been given relief and compensation,” adding that the HRERA court directed the developer to hand over the flat at the earliest and pay delayed possession charges.

The order stated, “The respondent is directed to pay interest to the complainants against the paid-up amount at the prescribed rate of 10.80% p.a. for every month of a delay from the due date of possession, i.e., 07.06.2015, till offer of possession plus 2 months or actual handing over of possession, whichever is earlier, as per section 18(1) of the Act of 2016 read with rule 15 of the rules.” Under these rules, developers must compensate homebuyers with prescribed interest for delays in possession of property.

A representative of the developers said they had not yet received the order. “The project has been completed and flats have been handed over to buyers. We have not received any order in the extent matter yet,” he said.