Haryana: Real estate firm ordered to pay compensation for delay in allotment

Gurugram, March 16 (IANS) The Haryana real estate regulatory authority (HARERA), Gurugram, has directed the real estate promoter Splendor Landbase Limited to pay delayed possession charges (DPC) to its allottees, after it failed to complete the project and deliver units timely as per the agreement, while setting its unit cancellation notice on February 7.

The matter referred to as the Shri Parasram Industries Private Limited versus Splendor Landbase Limited stands, thus, has been disposed of by the authority.

"The respondent promoter is directed to pay the delayed possession charges at the prescribed rate of interest 10.60 per cent p.a. for every month of a delay from the due date of possession till the obtaining of the occupation certificate (OC) plus two months to the complainant(s) as per section 19 (10) of the RERA Act," the order said.

The decision of the full bench comprising Ashok Sangwan, Vijay Kumar Goyal and Sanjeev Kumar Arora will benefit as many as 20 allottees involved in the matter.

The authority also directed the promoter to pay to allottees the arrears of such interest accrued from the due date of possession till its admissibility.

"And the arrears of such interest accrued from the due date of possession till its admissibility shall be paid by the promoters to the allottees within 90 days from the date of this order as per rule 16(2) of the rules 2017," the order said.

The Authority directed the allottees also to pay the promoter the outstanding dues, if any, within 30 days.

The Authority has disposed of the matter under Section 31 of the Real Estate (Regulation and Development) Act, 2016 - in which the complainants had sought relief of DPC with interest and also the quashing of unit cancellation notices sent to them by the promoter.

"The complainants are allottees of the above-mentioned units agreed to be sold to it vide buyers' agreements May/June 2010. The due date for completion of the project and handing over possession of the allotted units was agreed to be 3 years from the date of the buyer's agreements and which comes to May/June 2013. It is pleaded by the complainants that against the allotted units they had already paid a substantial amount, but the respondent-builder failed to complete the project and offer them the possession of the allotted units," noted the order.

The promoter, however, argued after receipt of the OC of the project, it offered the possession of the units to the allottees but despite repeated reminders/ notices, the allottees failed to take possessions and when despite several reminders and notices, the complainants failed to clear the dues and take possession, the respondent promoter issued a notice for cancellation of the allotted units.

However, the allottees were unhappy with the incomplete project.

"It is pertinent to mention here that when the allottees visited the project site, they found several variations and alterations in the building plan besides some common areas being encroached upon," the order said.

Splendor Trade Tower is a commercial project being developed by Splendor Landbase Limited at Sector-65, Gurugram since 2008.