Haryana RERA Holds Ramprastha Promoters Liable For Delay Of Over 5 Years, Orders Interest To Homebuyer

The builder was supposed to deliver possession of the flat in February 2018, but the homebuyer received the offer of possession only in April 2023. This delay resulted in the homebuyer filing a complaint before Haryana RERA.

Background Facts

The homebuyer (Complainant) booked a 3BHK flat with 2 parking slots in the builder's(Respondent) project named “Primera” situated in Sector 37D, Gurugram. The total sale consideration for the flat was ₹1,09,47,727/-.

Furthermore, the apartment buyer's agreement was executed between the homebuyer and the builder on 14.09.2013. As per Clause 15 of the agreement, the builder was supposed to hand over possession of the flat within 54 months from the date of sanctioning the building plans.

The homebuyer mentioned that even after paying ₹1,01,67,151/- out of the total consideration, the builder has yet to complete the project despite a delay of more than 5.5 years. The homebuyer contended that the builder committed fraud by misappropriating the funds paid by them and that the builder's actions amounted to unfair trade practices and deficiency in service.

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

Observation and Direction by Authority

Authority referred to Clause 15(a), which stipulates conditions regarding the timing of possession of the apartment. It mentions that builder will try to complete the construction of the apartment within 54 months from the date when the building plans are approved by the relevant authority.

Therefore, basing its reliance on the Possession clause, authority held that due date of handing over of possession was 23.02.2018 (Including 120 days grace period).

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

The authority found that the builder has not fulfilled its obligations to hand over possession within this timeframe. The authority noted that the occupation certificate was granted on 05.04.2023 and possession was offered to homebuyer on 08.04.2023.

The authority concluded that there was a significant delay in providing physical possession of the flat which constitutes a failure on the part of the builder to meet the commitments outlined in the buyer's agreement.

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

Case – Vijay Kumar & anr Versus M/S Ramprastha Promoters and Developers Pvt. Ltd.

Citation – Complaint no. 1214 of 2023

Date of order – 24.10.2024

Click Here To Read/Download The Order