Gurgaon: Holding a promoter liable for delay beyond the committed possession date, Haryana Real Estate Regulatory Authority (HRera) has ordered compensation at 10.8% per annum to two allottees in a Sector 108 project.On Sept 8, HRera chairman Arun Kumar passed the order on two complaints — Snehlata vs Agrante Realty Ltd and Manpreet Kaur Sethi vs Agrante Realty Ltd — directing the promoter to pay delayed-possession charges to the allottees of its Kavyam affordable group-housing project. The order was uploaded on the Rera portal on Sept 28. The authority also directed the promoter to hand over possession of the respective units and execute the conveyance deed within 90 days.The authority directed the promoter to pay compensation on the amount paid by the complainants at the prescribed rate of 10.8% annually, calculated from the due date of possession — Aug 2023 — until the date of offer of possession plus two months, or the actual date of handing over possession, whichever is earlier.The units’ possession has been delayed by three years, beyond the due date of possession. For Snehlata’s unit (TB-401, Tower-B), the allotment letter was issued on July 1, 2019 and the buyer’s agreement was executed on Jan 16, 2020. For Manpreet’s unit (TC-105, Tower-C), the buyer’s agreement was executed on Nov 21, 2019. The possession due date for both units was Aug 20, 2023, calculated as four years from the environmental clearance dated Aug 20, 2019.The directions were issued under Section 18(1) of the Real Estate (Regulation and Development) Act, 2016. The complaints relate to the delay in handing over the apartments despite the expiry of the committed possession timeline. The promoter had sought to explain the delay by referring to circumstances including the Covid-19 pandemic, disruption of labour and supply chains and restrictions on construction during periods of severe air pollution in the National Capital Region. The authority, however, did not accept these circumstances as a basis for denying the allottees their statutory entitlement to delayed-possession interest.HRera’s order effectively holds that once the promoter fails to deliver possession by the committed date, the allottee’s entitlement under Section 18 is attracted, subject to the terms and circumstances considered by the authority. The authority also referred to its powers under Section 34(f) of the RERA Act, 2016, while issuing directions in the two matters. The interest is to be calculated against the paid-up amount of the complainants rather than merely on any outstanding or balance consideration. This makes the financial liability directly linked to the sums already received by the promoter from the allottees.The authority’s direction on possession and conveyance is also significant, as the promoter has been given a defined 90-day period to complete the remaining obligations towards the complainants. The order provides relief to the two complainants while laying down directions concerning delayed possession in the Kavyam project. The case also highlights the continuing liability of real estate promoters for possession delays where the contractual delivery timeline has expired and the statutory conditions for compensation under RERA are met.
