Rera asks Gurgaon’s developer to pay Rs 78L compensation to buyers for delay
Gurgaon: Fourteen years later, Haryana Real Estate Regulatory Authority (HRera) has asked a developer to pay more than Rs 77 lakh as compensation to a couple in Golf Course Road project.
The developer, despite a delay of over three years in this regard, did not hand over possession of the apartment on time and was found to have abandoned construction for four years after demanding payment in full but without handing over an occupation certificate.
On Tuesday, the order was passed by adjudicating officer Rajender Kumar directing Parsvnath Hessa Developers to pay Rs 77.6 to DLF II residents Raj Kumar Chawla and Indu Chawla for loss of profit as well as Rs 50,000 towards litigation costs.
The possession of the apartment was handed over on March 23, 2018 but a delay “was already over three years and OC/CC had not been obtained” at the time when complaint was filed earlier, Rera had said.
Rera safeguards rights of allottees under Section 18(1) of the Real Estate (Regulation and Development) Act, stating that “after payment is made, a promoter is not permitted to compel upon its allottees an interminable wait”. Payments and 10.85% interest since order date are “due forthwith,” the officer said.
The couple also booked a 3,390 sq ft flat for Rs 3.4 crore on Sept 3,2012. They paid Rs 1.5 crore, after adjustments from a previous MoU for cancelled shops, and were to take possession by Jan 3, 2015.
Pronouncing the order after considering a complaint filed under Section 31 of the Act, Rera observed that there is a court order in another complaint before it and directed refund of Rs 1.5 crore plus 10% interest under Rule 15 of Haryana RERA Rules, 2017 as per Supreme Court observation in case IREO Grace Realtech vs Abhishek Khanna (2021).
The Chawlas claimed 82.5 lakh for loss of profit, Rs 2.15 crore for lost opportunity, interest at 6% on deposits towards mental agony and Rs 2.5 lakh cost against the backdrop of steep appreciation in property prices — “similar units now are fetching upto anywhere between Rs 4.3-8 crore”, from recent sale deeds. Kumar passed the standard Rs 77.6 lakh (50% appreciation on invested sum) for value increase/decrease/profit loss, with earlier interest seen as compensation for time delay. Claims for additional interest (6%) and Rs 1 crore in agony were turned down as egregious but costs of Rs 50,000 were allowed without court fees. Parsvnath contended that all losses had been compensated in prior interest.
news sources Times of India
