Gurgaon: Haryana Real Estate Regulatory Authority (HRera) has ordered Pareena Infrastructure to pay nearly Rs 23 lakh as compensation to two homebuyers after it found that prolonged delay in handing over their flat had resulted in financial losses and mental harassment.The authority directed the developer to make the payment within 30 days. It added that if there was a default, the amount would carry an interest rate of 11% per annum until realisation.The order was passed by HRera adjudicating officer Rajender Kumar on Monday in response to a complaint filed by Udit Sharma and his father Rakesh Sharma. In their complaint, they alleged they had booked a 1,550 sq ft apartment for Rs 78.04 lakh in Pareena Coban Residences in Feb 2013. The developer, they said, had assured delivery within four years. However, the buyers alleged that several additional charges were imposed at the time of execution of the builder-buyer agreement, increasing the cost substantially, while possession remained indefinitely delayed.The complainants told the authority that despite paying Rs 43.72 lakh out of the total amount, they never received a firm possession timeline. They had earlier approached HRera seeking cancellation of the allotment and a refund. In July 2022, the authority had directed the developer to refund the deposited amount along with interest.In the present proceedings before the adjudicating officer, the buyers sought compensation for mental agony, financial hardship, losses arising from appreciation in property prices and litigation expenses. They contended that because of the prolonged delay, they lost the opportunity to buy a similar property at the original price and also suffered rental losses.The developer opposed the claim, arguing that the complainants had defaulted in making payments under the revised payment plan and that the allotment had been cancelled in accordance with the terms of the agreement. It further submitted that the buyers had already been granted refund with interest and could not seek additional relief on the same cause.Rejecting the objections, the adjudicating officer observed that although the refund had already been ordered in earlier proceedings, compensation under the Real Estate (Regulation and Development) Act could still be awarded where the buyers had suffered independent financial and non-financial losses due to the promoter’s failure to complete the project and hand over possession.The authority accepted the buyers’ claim regarding appreciation in property prices and calculated compensation proportionate to the amount they had paid, awarding around Rs 21 lakh towards loss of appreciation. It also granted Rs 1 lakh as compensation for mental harassment and agony, besides Rs 50,000 towards litigation costs.
