GURGAON: Haryana Real Estate Regulatory Authority (HRera) has directed a developer to hand over possession of flats to allottees along with applicable interest — following a delay of five years.Rera asked Sunrays Heights Private Limited to hand over possession of flats, while hearing a batch of complaints related to delay in an affordable housing project in Sector 63. The complaints, including a lead case filed by Kinshuki Goel, pertain to the project 63 Golf Drive, spread over 5.9 acres. No fixed handover date has been specified in the order.Allottees alleged that despite paying substantial amounts — in some cases over Rs 13 lakh — possession was not offered even years after the promised timeline. As per records, the due date of possession was March 16, 2021, but neither an occupation certificate was obtained nor possession offered.The authority, chaired by Arun Kumar, held that under Section 18 of the Real Estate (Regulation and Development) Act, 2016, an allottee who chooses not to withdraw from the project is “entitled to interest for every month of delay” until possession is handed over. The order clarified that the prescribed rate of interest would be linked to the State Bank of India’s marginal cost of lending rate (MCLR) plus 2%. Based on the prevailing MCLR (marginal cost of funds-based lending rate) of 8.80% as of Jan 30, 2026, the applicable interest rate works out to 10.8% per annum.The authority noted that the core issue across all complaints was the developer’s failure to deliver timely possession, in violation of provisions of the Act.The complainants sought possession along with delay compensation and relief from any additional charges not included in the builder-buyer agreement.During proceedings, the developer attributed the delay to force majeure conditions, including restrictions on mining activities, shortage of raw materials, environmental regulations and disruptions caused by the Covid-19 pandemic. The builder also cited delays due to GRAP restrictions and lockdowns, claiming that these factors cumulatively impacted construction timelines.However, HRera observed that such delays cannot indefinitely deprive homebuyers of their rightful possession.HRera also emphasised that promoters are obligated to fulfil their commitments under the agreement for sale and cannot shift the burden of delays onto buyers. The authority rejected the developer’s contention that buyers had defaulted on payments, noting that such issues do not override statutory obligations to complete and deliver the project.The ruling reinforces the rights of homebuyers in delayed housing projects and underscores the regulatory body’s stance on timely delivery. The authority directed the builder to comply with its obligations and ensure possession is handed over along with due interest, bringing relief to affected allottees.
