Haryana RERA Orders Raheja Developers To Pay Interest To Homebuyer For Delayed Possession

Background Facts

The homebuyer (Complainant) was allotted a flat in the builder's (Respondent) project named Raheja Revanta located in Sector 78, Gurgaon, through a letter dated August 22, 2012. On the same day, the homebuyer signed a flat buyer agreement with the builder, as per which the total sale consideration of the flat was Rs. 96,25,378/-. Out of this amount, the homebuyer paid Rs. 94,94,063/- to the builder.

According to clause 4.2 of the buyer's agreement, the builder was supposed to hand over possession within 54 months, including a 6-month grace period from the date of the agreement.

Despite repeated attempts by the homebuyer to contact the builder, the builder provided false assurances regarding the project's completion and revised possession dates.

The homebuyer contended that the builder has failed to meet its obligations under the buyer agreement and has not offered possession of the flat. Therefore, the homebuyer filed complaint before the authority seeking possession and interest for the delayed possession.

Observation and Direction by Authority

The authority referred to Clause 4.2 of the Flat Buyer Agreement which stipulated that the seller aims to deliver possession of the unit within 36 months for Tapas and 48 months for Surya Tower from the execution of the agreement.

The authority noted that the pre-set possession clause in the agreement was unfair to the homebuyer and favored the builder. Authority pointed out that the clause's unclear conditions required allottees to follow many rules, making even a small mistake cancel the possession agreement.

Further, the Authority observed that as per clause 4.2 of the agreement, the builder was supposed to hand over possession of the flat within 54 months from the date of execution of agreement. Since the agreement was executed on 28.08.2012, the builder was obligated to hand over possession by 22.02.2017. Therefore, the homebuyer is entitled to receive interest for delayed possession from the builder under Section 18(1) of the RERA, 2016.

Therefore, the authority directed the builder to pay interest to the homebuyer for the delay in handing over possession from the possession date (22.02.2017) until the actual handover of the flat at 10.96% per annum. Additionally, the authority also directed the builder to hand over possession of the flat to the homebuyer.

Case – Deepak Kataria Versus M/s Raheja Developers Limited.

Citation - Complaint no: 1054 0f 2023