Haryana RERA Directs Anant Raj Builders To Pay Interest, Execute Conveyance Deed In Favor Of Homebuyer

Background Fact

The homebuyer (Complainant) booked a flat in the builder's (Respondent) project named Maceo located at Sector 91, Manesar, Gurugram by paying Rs. 14,00,000/- on February 27, 2014. The total sale consideration for the flat was Rs. 1,40,80,425/-.

Later, on September 24, 2015, the builder and the homebuyer signed an apartment buyer agreement which stipulated that the builder would hand over possession of the flat by March 24, 2019.

The homebuyer paid a total of Rs. 1,54,49,619/- to the builder. However, the builder offered possession of the flat on November 30, 2019 without providing any compensation for the delay.

The homebuyer claimed that the builder charged Green Preferential Location Charges (PLC) amounting to Rs. 3,81,102/- without providing any such facilities in the project.

Aggrieved by the delay the homebuyer filed a complaint before the authority seeking possession, interest for the delay, a refund of the PLC charges and execution of the conveyance deed in his favor.

Observation and Direction by Authority

The Authority referred to Clause 7.1 of the Builder Buyer Agreement which stipulated that the builder will complete the project and hand over possession to homebuyer within 36 months + 180 day grace period from the date of the agreement unless delayed by force majeure events.

Basing its reliance on the possession clause the Authority upheld the builder's right to avail of the 180-day grace period. Therefore, the Authority concluded that the due date for handing over possession was March 24, 2019.

The Authority observed that the builder violated Section 11(4)(a) of RERA, 2016 by failing to hand over the flat on the promised date. Therefore, the homebuyer is entitled to seek interest under Section 18 of RERA, 2016.

The Authority held that the homebuyer is entitled to receive interest at 11.10% from the builder for every month of delay from the due date of possession (March 24, 2019) until the offer of possession plus two months after obtaining the occupation certificate or the actual handing over of possession, whichever is earlier.

On the issue of PLC charges, the Authority held that the homebuyer is not entitled to a refund of Rs. 3,81,102/- as the flat was preferentially allotted by the builder. Lastly, the Authority directed the builder to execute the conveyance deed in favor of the homebuyer within one month.

Case – Mohit Bansal Versus M/s. Anant Raj Ltd

Citation – Complaint No: 6493 Of 2022

Date – 20 November