Haryana RERA Orders Imperia Structures To Pay Interest To Homebuyer For Delayed Possession

Haryana Real Estate Regulatory Authority (Authority) bench, comprising Ashok Sangwan (Member), has directed M/s Imperia Structures Limited, the builder, to pay interest to the homebuyer of The Esfera project located at Sector 37C, Gurugram, for the delay in handing over possession. According to the apartment buyer agreement, the builder was supposed to hand over possession of the flat by June 2016.

Background Facts

On 24.12.2012, the homebuyer (Complainant) was allotted a flat in the builder's (Respondent) project named The Esfera, located at Sector 37C, Gurugram, through an apartment buyer agreement. The total sale consideration for the flat was Rs. 75,81,390/-.

According to Clause 10 of the agreement, the builder was supposed to hand over possession of the flat within 3.5 years from the commencement of construction. However, the builder failed to provide possession within the promised timeframe.

The homebuyer contended that, through a letter dated 23.12.2022, the builder informed them of the possession of the flat without having obtained the occupation certificate from the competent authority.

The homebuyer further alleged that the builder, with malafide intentions, illegally and fraudulently demanded money from the homebuyer without fulfilling their obligations to complete the construction of the flat on time. Additionally, the builder imposed interest on the pending dues.

Further, In June 2023, the homebuyer visited the site and observed that the flat was not ready for possession. Aggrieved by these issues, the homebuyer filed a complaint before the Authority seeking possession of the flat, interest for the delay, handover of the private lawn, or a refund with interest.

Observation and Direction by Authority

The Authority referred to Clause 10.1 of the Buyer's agreement, which stipulated that the builder was supposed to complete the construction of the project within 3 years and 6 months from the date of execution of the agreement (24.12.2012).

The Authority noted that the occupation certificate for Tower D, where the flat is located, has not yet been obtained by the builder. Therefore, it is the builder's failure to hand over possession of the flat within the stipulated time, making the homebuyer entitled to receive interest from the builder for delayed possession under Section 18(1) of RERA, 2016. Additionally, the builder's intimation of handing over possession without obtaining the occupation certificate was not valid according to the law.

Consequently, the Authority directed the builder to pay monthly interest to the homebuyer at 11% per annum from the possession date (24.06.2016) until possession is handed over, plus 2 additional months.

The Authority also directed the builder to hand over possession of the flat with the private lawn. If the builder fails to do so, the Authority directed the builder to refund the amount collected for the private lawn with interest.

Case – Navdeep Punia Versus M/s Imperia Structures Limited

Citation – Complaint No 4604 of 2023