Gurgaon: Haryana Real Estate Regulatory Authority (HRera) has awarded compensation to a city allottee for delayed possession in a commercial project in Sector 68, while rejecting several serious allegations against the developer. The units’ possession in Ocus 24K project was delayed by seven months.Rera has directed Ocus Skyscrapers Realty to pay the delayed-possession interest — 10.8% — to Sector 46 resident Archana Dubey, whose other allegations included “fraud in the allotment process and in obtaining statutory clearances”.The arrears must be cleared within 90 days, Rera said. HRera also directed the developer to execute the conveyance deed within three months and barred it from levying any charge outside the scope of the original buyer’s agreement. The order, uploaded on Aug 25, was passed by HRera chairman Arun Kumar on a complaint filed by Dubey, through her brother and authorised representative Shishir Dubey.Dubey held two commercial units with the developer — G-215 in Ocus Medley (Sector 99) and G-119, measuring 419 sq ft — and alleged the two had been fraudulently conflated by the builder to divert funds and change her allotment without consent. The authority, however, accepted the developer’s submission that the two units belonged to entirely separate, distinctly registered projects. It also rejected her plea to declare the complaint within limitation on this specific ground, though it proceeded to adjudicate the delayed-possession claim on merits.On the core issue, HRera found the promoter squarely in breach of Section 11(4)(a) of the RERA Act for failing to hand over possession by the contractual due date. Under the buyer’s agreement dated Dec 16, 2013, possession was due within 60 months, or by Dec 16, 2018. The occupation certificate was granted only on July 17, 2019, and possession was formally offered a day later, on July 18, 2019 — a delay of roughly seven months.Applying Section 18(1) read with Rule 15 of the HRera Rules, the authority ordered the developer to pay interest at the prescribed rate of 10.8% per annum (SBI’s marginal cost of lending rate plus 2%) on the amount paid by the complainant, calculated from the due date of Dec 16, 2018 till Sept 18, 2019 — accounting for a further two-month grace period after the offer of possession, as mandated under Section 19(10) of the Act.The authority declined to intervene on the complainant’s allegations that the occupation and completion certificates were fraudulently procured, or that the project remains incomplete with construction debris littering the site, holding that these fall outside its jurisdiction and directing her to approach director, town and country planning, or a competent civil court instead.
