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The Haryana Real Estate Regulatory Authority (HRera) has directed developers Microtek Infrastructures Pvt Ltd and Deepanshu Projects Pvt Ltd to pay roughly INR 41 lakh to an NRI homebuyer and her brother for an extended delay in handing over their flat in the Greenburg project in Sector 86, Gurgaon. The adjudicating officer determined that the apartment, booked in May 2015 with possession promised by early 2017, was only offered to the buyers in mid-2018, and essential services such as electricity were installed even later, rendering it not ready for occupation at that time. Compensation awarded included amounts for loss of appreciation, mental inconvenience and litigation costs, with annual interest at 10.85 per cent due from the order date until payment. Certain claims were dismissed due to lack of documentation. This ruling reinforces the RERA framework's provision that promoters must compensate allottees when possession is delayed beyond the agreed timeline.
The Haryana Real Estate Regulatory Authority has ordered developers Microtek Infrastructures Pvt Ltd and Deepanshu Projects Pvt Ltd to pay a total of about INR 41 lakh to NRI allottees affected by a prolonged delay in delivery of their apartment in the Greenburg residential project in Sector 86, Gurgaon, adjudicating authority decisions show. The order was delivered earlier this week by an HRera adjudicating officer after examining the timeline of events and supporting records. Advertisement
The complainants, Mridula Parti, an NRI, and her brother Partha Sarathi De, had booked a 1,480 sq ft apartment on the sixth floor in May 2015, paying more than INR 40 lakh towards the unit and agreeing a sale price close to INR 1 crore. According to the builder buyer agreement, possession was due by January 2017. However, the adjudicating officer found that although a conditional occupation certificate was issued in July 2017, possession was formally offered only in July 2018, and the electricity connection was installed in August 2018, indicating that the residence was not fully ready for occupation within the committed period.
In determining compensation, the adjudicating officer applied provisions of the Real Estate (Regulation and Development) Act, 2016, which mandates that where a promoter fails to deliver possession in accordance with the terms of the agreement, allottees are entitled to compensation in addition to return of any amounts paid with interest. The authority awarded about INR 40 lakh towards loss of property appreciation between the promised possession date and the order date, INR 1 lakh for mental inconvenience, and INR 50,000 as litigation costs. Interest at 10.85 per cent per annum was directed from the date of the order until the amounts are paid in full. Certain other heads of claim were not allowed because the complainants had not provided sufficient supporting documentation.
The developers had attributed delay to regulatory approval processes, but the adjudicating officer considered the overall timeline and the fact that essential services were not in place within the scheduled timeframe, concluding that the delay warranted compensation under the statutory framework. The ruling underlines HRera's enforcement of buyer protections in cases where possession timelines are not honoured by promoters.
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