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The Haryana Real Estate Regulatory Authority (HRERA) has dismissed a complaint by Sunrays Heights Pvt Ltd against homebuyers over alleged payment defaults in its Gurugram project. The developer had sought recovery of dues with interest, but the authority ruled that such disputes must be handled as per builder-buyer agreements, not through regulatory intervention. HRERA clarified that payment-related issues are contractual matters and should be resolved through appropriate legal channels. The decision reinforces the role of agreements in real estate transactions and highlights that RERA's mandate is focused on regulation and compliance, not dispute recovery for developers.
The Haryana Real Estate Regulatory Authority (HRERA) has rejected a plea filed by M/s Sunrays Heights Pvt Ltd against several homebuyers over alleged non-payment of instalments in its residential project 63, Golf Drive located in Sector 63-A, Gurugram, stating that such disputes must be governed strictly by contractual provisions rather than regulatory adjudication. Advertisement
The complaint was filed in the past week by the developer, which alleged that multiple allottees had defaulted on scheduled payments under their respective builder-buyer agreements executed in February 2016. The promoter sought recovery of pending dues along with an annual interest of 15%, in addition to claims for further compensation. The case involved buyers including Rahul Parashar, Prakriti Ranjan Samanta and Promila, who had booked residential units across different towers within the project.
After examining the submissions, HRERA dismissed the plea, holding that the regulatory framework does not permit promoters to seek remedies beyond what has already been contractually agreed upon between the parties. The authority stated that the builder-buyer agreement clearly outlines the consequences and recourse mechanisms in the event of payment defaults by allottees, and these provisions cannot be extended through proceedings before the regulator.
The authority further clarified that disputes arising from non-payment of instalments are essentially contractual in nature and are better addressed through appropriate legal forums rather than through the regulatory mechanism established under the Real Estate (Regulation and Development) Act, 2016. This interpretation aligns with the broader position that RERA primarily serves to protect homebuyers and ensure compliance by developers, rather than acting as a recovery platform for promoters.
The order also directed that both parties would bear their own litigation costs, bringing the matter to a close without granting any of the reliefs sought by the developer.
The ruling adds to a series of recent decisions by HRERA that have clarified the boundaries of its jurisdiction, particularly in cases involving disputes between developers and allottees. Previous orders have similarly emphasised that the authority's role is confined to enforcing statutory obligations under the Act and cannot override or supplement contractual terms agreed between private parties.
The decision is expected to influence how developers approach disputes related to payment defaults, directing them towards civil remedies or enforcement of contractual clauses rather than regulatory intervention. It also reinforces the legal position that the builder-buyer agreement remains the primary governing document in financial disputes between promoters and purchasers within real estate transactions.
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