H-Rera asks developer to pay ₹3 crore for delayed possession of flats

The Haryana-Real Estate Regulatory Authority (H-Rera), Gurugram, has ordered Sana Realtors to pay a penalty of ₹3 crore to home buyers for the delayed possession

The Haryana-Real Estate Regulatory Authority (H-Rera), Gurugram, has ordered Sana Realtors to pay a penalty of ₹3 crore to home buyers for the delayed possession of flats. The authority has also directed warrants to be issued against the promoter to make him appear before the authority along with the requisite documents, as he has failed to appear before the authority even after being served with repeated notices.

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The directions were issued on the complaints of several buyers, who alleged that despite being promised delivery of flats in 2013, the project was delayed by seven years. KK Singh, a buyer, said that they were seeking penalty for the late completion of project. “Most of the buyers are end users and have suffered a lot due to the inordinate delay. They are, therefore, seeking penalty,” said Singh.

Sana Realtors launched the Precision Soho Tower, a commercial project on Sohna Road in Sector 67 in 2010-11. The project was supposed to be completed by 2013, said buyers.

The H-Rera bench comprising Dr KK Khandelwal, chairman, pointed out that the builder-buyer agreements between the allottees and M/s Sana Realtors Pvt. Ltd. were executed in the years, 2010 and 2011, and the possession had to be offered between 2013-14 but, till date, legal offer of possession has not been made by the promoter. He was duty bound to give possession within a period of three months to the allottees from the date of obtaining the occupancy certificate (OC).

The bench of the authority has decided to issue show-cause notices to the promoter for violation of Section 17(1) of the Rera Act, and initiating proceedings against the promoter under Section 61, which states that “the promoter shall be liable to a penalty which may extend upto 5% of the estimated cost of the real estate project”

The Authority has also ordered to refund the amount which has been demanded by the promoter for increasing the super area. A forensic auditor has been asked to verify the change.

Pankaj Ghambir, director, Sana Realty, when asked about the matter, said that he was not aware about any such directions. “I am not aware of any such development as our lawyer could not attend the hearing on Tuesday,” he said.