Haryana RERA Dismisses Former Homebuyer's Complaint Seeking Interest For Delayed Possession
Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), dismissed a complaint from a former homebuyer seeking interest from the builder, M/s Apex Buildwell Pvt. Ltd., for delayed possession after the homebuyer sold the flat to another person in 2023, after taking possession.
Background Facts
The complainant (former homebuyer) booked a flat in the builder's (Respondent) project named "Our Homes" located in Sector 37C, Gurugram. A buyer's agreement was executed between the parties on 09.02.2013, according to which the due date for possession of the flat was 26.06.2017.
However, possession of the flat was offered on 01.12.2019. The conveyance deed for the allotted flat was executed in favor of the complainant by the builder on 24.06.2020.
After taking physical possession of the flat and executing the conveyance deed, the complainant sold the flat to another person (subsequent homebuyer) through a sale deed dated 27.09.2023.
Subsequently, the complainant filed a complaint before the authority seeking interest for the delayed possession under Section 18(1) of RERA, 2016.
Observation and Direction by Authority
The Authority referred to Section 2(d) of the Real Estate Regulation and Development Act 2016, which states:
d. Allottee
“allottee” in relation to a real estate project, means the person to whom a plot, apartment or building, as the case may be, has been allotted, sold (whether as freehold or leasehold) or otherwise transferred by the promoter, and includes the person who subsequently acquires the said allotment through sale, transfer or otherwise but does not include a person to whom such plot, apartment or building, as the case may be, is given on rent.
The authority observed that the term "allottee" includes both the original and subsequent allottees. Since the complainant does not fall under either of these categories, as she has already transferred the flat to subsequent allottees via a sale deed dated 27.09.2023.
The Authority held that the complainant has no locus standi to file the complaint seeking interest from the builder as the complainant does not fall under the definition of allottee. Therefore, the Authority dismissed the complaint.
Case – Kalpana Rawat Versus M/S. Apex Buildwell Pvt. Ltd
Citation - Complaint No. 4851 of 2023