Haryana RERA Directs Ramprastha Promoters To Pay Interest, Execute Conveyance Deed In Favor Of Homebuyer

After facing an inordinate delay in receiving possession of the flat which was due on December 31, 2014, the two homebuyers belonging to same project approached the authority seeking relief.

Background Facts

Homebuyers (Complainant) purchased their respective flats in the builder's (Respondent) project named Skyz situated in Sector 37D, Gurugram. The total sale consideration of the flats was Rs. 70,89,670/- and Rs. 88,92,282/- respectively.

The homebuyers entered into apartment buyer's agreements with the builder on 09.08.2012 and 27.09.2011 respectively. According to the agreements the builder was supposed to hand over possession of the flats by 31.12.2014.

To purchase the flats the homebuyers paid the builder Rs. 64,16,151/- and Rs. 80,92,595/-respectively against the builder's demands. However, despite paying a substantial amount of the consideration the project faced inordinate delays.

Aggrieved by the delay both homebuyers filed complaints before the authority seeking possession of their respective flats and compensation for the delay.

Observation and Direction by Authority

The authority referred to Clause 15(a) of the apartment buyer agreement which states that if the homebuyer complies with all the terms and conditions of the agreement and is not in default, the builder will aim to hand over possession of the flat by August 31, 2014 (excluding a 120 day grace period).

Based on the possession clause, the authority upheld the builder's right to avail 120-day grace period. Therefore, the authority concluded that the due date for handing over possession was December 31, 2014.

Authority observed that builder has failed to hand over possession of the builder by the due date of possession. Additionally, there is no document on record showing whether the builder has applied for an occupation certificate or the current status of the project's construction.

Therefore, Authority held that this project will be considered an ongoing project and the provisions of the RERA, 2016 will apply equally to both the builder and the homebuyers.

Authority further held that builder has violated Section 11(4)(a) of RERA, 2016 by failing to deliver possession by the due date specified in the buyer's agreement.

Therefore, Authority directed the builder to pay interest to homebuyer at the rate of 11.10% per annum for each month of delay from the 31.12.2014 until the expiration of two months from the date the offer of possession was made.

Additionally, Authority directed builder to handover the possession of the flat to homebuyer and execute the conveyance deed in the favor of homebuyer within three months after obtaining the occupancy certificate.

Case – Chhaya Keerti Ratna Versus M/s Ramprastha Promoters and Developers Pvt. Ltd A/W 1 Other

Citation - Complaint Nos. 2313 of 2023 & 627 of 2024

Date – 20 November

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