Haryana RERA Directs Ansal Builders To Hand Over Possession And Pay Interest For Delay

Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member) has directed M/s Ansal Townships Infrastructure Private Limited to hand over possession within two months after obtaining the occupancy certificate and pay interest to the homebuyer for the delay in handing over possession.

As per the agreement signed by the homebuyer in May 2012, the builder was supposed to hand over possession of the flat by November 2017.

Background Facts

In 2012, the homebuyer (Complainant) was allotted a flat in the builder's (Respondent) project named Sovereign Floors, Esencia located in Sector 67, Gurugram, by entering into an application form that included broad terms and conditions with the builder.

Further, the builder and homebuyer entered into a Builder Buyer Agreement (Agreement for Sale) on 23rd May 2012. The total sale consideration of the flat was Rs. 2,02,51,650, and the builder was supposed to hand over possession of the flat as per the agreement on 19th November 2017.

However, even after paying Rs. 1,41,35,748 to the builder, which is almost 77% of the total sale consideration, the builder failed to hand over possession of the flat to the homebuyer.

Therefore, being aggrieved by the delay the homebuyer filed a complaint before the authority seeking possession of the flat and interest for the delay.

Observation and Direction by Authority

The Authority observed that according to Clause 5.1 of the Builder Buyer Agreement, the builder was required to hand over possession of the flat to the homebuyer within 30 months, with an extended period of six months. Therefore, the due date for possession was 19.11.2017.

Authority noted that although the builder was supposed to hand over possession by 19.11.2017 as per Clause 5.1, the builder had not received the occupation certificate, nor had possession been offered to the homebuyer.

Authority held that the homebuyer is entitled to receive interest due to the builder's failure to hand over possession within the stipulated time period. Consequently, the Authority directed the builder to hand over possession to the homebuyer within two months after obtaining the occupation certificate and to pay interest at the rate of 11.10% per annum to the homebuyer.

Case – Sanjeev Ganguly & Anr Versus M/s Ansal Townships Infrastructure Private Limited

Citation – Complaint No: 7354 of 2022

Date – 13^th December

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