Haryana RERA Orders Ansal Housing To Pay Interest For Delay And Provide Possession Offer To Homebuyer Within Two Months

The homebuyer who booked a flat in 2011 expected possession by November 2015. However, due to the builder's failure to deliver the flat on time, the homebuyer approached the authority.

Background Facts

In 2011, the homebuyer (Complainant) booked a 3 BHK flat in the builder's (Respondent) project named Ansal Estella situated at Sector 103, Gurugram. The total sale consideration for the flat was Rs. 69,14,475/- of which the homebuyer paid Rs. 79,02,026/- to the builder.

Further, the homebuyer entered into a flat buyer's agreement with the builder on 12 May 2012. As per the agreement the builder was supposed to hand over possession of the flat by 12^th November, 2015

The homebuyer contended that even after paying more than the total sale consideration the builder failed to hand over possession of the flat, resulting in an inordinate delay in the project.

The homebuyer further contended that the builder misappropriated the homebuyer hard earned money for selfish purposes without using it for the project which caused the delay.

Therefore, being aggrieved the homebuyer filed a complaint before the authority seeking possession of their 3 BHK flat and interest for the delayed possession.

Observation and Direction by Authority

The authority referred clause 30 of the flat's buyer agreement which stipulated that builder is liable to offer the possession of the flat within the period of 36 months from the date of execution of the agreement or within 36 months from the date of obtaining all sanctions and approvals.

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. This noncompliance triggers the homebuyer's right to seek interest under Section 18 of RERA, 2016.

As a result, 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 (12.11.2015) until the date of a valid offer of possession plus two months after obtaining the occupation certificate or the actual handing over of possession whichever is earlier.

Additionally, authority directed builder to offer valid offer of possession to homebuyer after obtaining occupation certificate from competent authorities with 2 Months.

Case – Shri. Sohan Lal Kainth Versus M/s Ansal Housing and Constructions Limited & anr

Citation – Complaint No. 638 of 2024

Date – 13 November