CHITRAKSHI NAYYER vs SUNRAYS HEIGHTS PVT. LTD.

Complaint No.

4817 of 2022 & others NAME OF THE BUILDER M/s Sun Heights Private limited, PROIECT NAME E", Sector -63 A, Gurugram cR/4817 /2022 M/r; Sunrays Heights Private I.irnitAd Complainant in person Shri Gagan Sharma [Advocate for Respondent) cR/2417 /2022 Chitnakshi Nayyer a Nayyer Vs.

M/s; Sunrays Hei Limi Private -.. i t, '' ""t, l:i: ffi, ffi ili{ils uq,i GUI?UGI?AM HARER& BEFORE THE HARYANA REAI E REGUTATORY AUTHORITY, GUR Date of order: L8.O4.2024 ShriVijay Pratap Singh (Advocate for complainants) Shri Gagan Sharma (Advocate for RespondentJ 1.

This order shall dispose of the afo complaints titled above filed before this authority under section 31 the Real Estate fRegulation and ferred as "the Act") read with rule 2B of the Haryana Real Estate ( on and Development) Rules, 201,7 CORAM: Shri Vijay Kumar Goyal Development) Act, 2016 [hereinafter (hereinafter referred as "the rules") fo wherein it is inter alia prescribed tha all its obligations, responrsibilities a agreement for sale executed inter se 2.

The core issues emanating from Member violation of section 11,(4)[a) of the Act the promoter shall be responsible for functions to the allottees as per the parties. em are similar in nature and the matters are allottees of the project, Page 1 of 16 complainant[s) in the above refe S.

No.

Case No.

Case title Appearance L, 2.

HARERP, ffi GURUGI?AM Complaint No.

4817 of 2022 & others namely, 63 GOLF DRIVE", Sector-63A, Gurugram being developed by the same respondentT/promoter i.e., M/s Sunrays Heights Private Limited.

The terms and conditions of the buyer's agreements and fulcrum of the issue involved in all these cases pertains to failure on the part of the promoter to deliver timely possession of the units inL question, seeking possession of the unit along with delayed possession charges.

3.

The details of the complaints, reply status, unit ho. , unit ho., date of agreement, possession clause, due date of possession, total sale consideration, total paid amount, and relief sought are given in the table below: Proiect Name and Locaticln 53 GOLF DRIVE Sector-634, Gurugram Nature of Proiect Affordable group housing DTCP License No. and validity 82 of ?014 dated 08.08.2014 Yalid up to 3L.1.2.2023 HRERA Registered Registered Vide 249 of 20t7 dated 26192017 Valid up to 25.09.2022 Possession Clause 4.1 The Developer shall endeavour to handover possession of the said flat within a period of fpur years i.e.

48 months from the date of tommencement of projecl subject to force yajeure & timely payments by the allottee ,towards the sale consideration, in aLccordsnce with the terms as stipulated in the presen( agreemenl *Note: As per affordable housing policy 2013 l(iv) All such projects shall be required to be necessarily completed within 4 yeors from the approval of building plans or grant of environmental clearance, whichever is later.

This dote shall be referred to as the "date of commencement of project" for the purpose of this policy.

The licence shall not be renewed beyond the said 4 years from the date of co m me n cement o f pro i ect.

Building Plan 10.03.2015 Environmental Clearance 1,6.09.201.6 PageZ of 16 ffiHARERA ffi cuRUcRAM Sr N o.

Complaint No., Case Title, and Date of filing of complaint Unit no. &: size Date of execution ofBBA Total Sale Consideration / Total Amount paid by the complainant Offer of possession t. cR/481712022 Kanika Gupta \y's.

M/s Sunrays Heights Private Limited DOF't06.07.2022 E11B 11th floor, Tower E Carpet area- 605.10 sq. ft.

18.09.201.7 TS- Rs.24,67 ,870 /- (page 44 of complaint) AP- Rs.22,55,588/- (page 59B of complaint) Not offered 2. cR/24.77 /2022 Chitrakshi Nayyer Vs.

M/s Sunr:ays Heights Private Limited DOFt 01.06.2022 F112, l'ower F' Carpet area- 613.31sq. ft.

06.02.20L6 TS- RsZ5,00 ,790 /- [page 73 of complaint) AP- Rs. t) AP- Rs.

22,76,731/- fas per the payment receipts submitted by complainant on 03.04.2024) offered The complainants in the above complaints have sought the following reliefs: L.

Direct the respondent to pay delayed possession charges/interest till the delivery of possession.

2.

Direct the respondent to ensure the project is in habitable condition with all amenities mentione(i in brochure after Getting 0ccupancy Certificate.

Direct the builder to pay input tax credit on the GST amount after calculation, given GST paid (@B% to the complainant as per the HRERA rules Note: In the table referred above certain abbreviations have been used.

They are elaborated as follows: Abbreviation Full form D0F Date of liling of complaint DPC Delayed possession charges TSC Total sale corrsideration AP Amount paid by the allottee/s CD Conveyance cleed 4.

The aforesaid complaints were filed by the complainant-allottee(s) against the promoter on account of 'violation of the builder buyer's agreement executed n Page 3 of 76 l4/ Complaint No.

4817 of 2022 & others Due date of possession | rc.OZ.ZOZt (Calculated from the date of environment Clearance being Iater including grace period of 6 rtrronths in lieu of Covid-19) (Note: inadvertently mentioned due date L6.09.2021 vide dated 18.04.2024 Occupation certificate Not obtained ffiHARERE ffi eunllGRAM Complaint No.

4817 of 2022 & others between the parties in respect of subject unit for not handing over the possession try the due date, seeking the physical possession of the unit along with delayed possession clharges and maintenance charges.

5.

It has been decided to treat the said complaints as an application for non- compliance of statutory obligations on the part of the promoter /respondent in terms of section 3 (f) of the Act which mandates the authority to ensure compliance of the obligations cast upon the promoters, the allottee(s) and the real estate agents under the Act, the rules and the regulations made thereunder.

6. eunder.

6.

The facts of all the complaints filed byithe complainant-allottee(sJ are similar.

Out of the allove-mentioned cases, the rparticulars of lead case CR/4517/2022 Kanika Gupta Vs.

M/s Sunrays Heights Private Limited are being taken into consideration for determining the rights of the allottee(s) qua the relief sought by them, A.

Proiect and unit related details.

7.

The particulrars of the project, the details of sale consideration, the amount paid by the complainant(s), date of proposed handing over the possession, delay period, if an1t, have been detailed in the following tabular form: CR/4817/2022 Kanih:q Gupta Vs.

M/s Sunrays Heights Private Limited. s.

Particulars Details 1..

Name of the project "Sixty-Three Golf Drive", Sector 634 Gurugram 2.

Nature of the proiect Affordable sroup housins 3.

RERA registered or not registered 249 of 201.7 dated 26.09.2017 valid up to 25.09.2022 4.

DTCP license 82 of 2014 dated 08.08.2014 valid up to 3L.1,2.2023 5.

Unit no.

E118, 11th floor, Tower E foase 44 of complaint) Page 4 of16 ffiIAREB& ffieunUGtlAM Complaint No.

4817 of 2022 & others 6.

Unit admeasuring 60s.io aii.peir..;i^ fpage 44 of complaintJ 7.

Allotment letter 1,1,.0"1,.201,6 [page 28 of complaintJ B.

Date of executicln of Buyers agreement 1,8.09.2017 (page 30 of complaint) 9.

Possession clause 4.L The Developer shall endeavor to handover possessfon of the said flat within a period of four yeqrs i.e.

48 months from the date of commencement of project, subject to force majeure & timely payments by the allottee towards the sale consideration, in accordance with the terms as stipulated in the present agreement. (pase 34,of complaint) l}Votef As,peiaffordable housing policy 20L3 l.{iv) lAIl such projects shall be required to be necessar,ily completed within 4 years from the apprQval of building plans or gront of environmentol clearQnce, whichever is later. is later.

This date shall be referrpd to qs the ,"date of commencement of projept" for the purpose of this policy.

The licence shall ltot be renewed beyond the said 4 years from the dQte af c,ommencement of project.

10 Date of building plan 10.03.2015 (taken from another file CR/2814/2021 decided on 30.1L.2023 of same protect] 1,1, Date of environment clearance 16.09.2016 (taken from another file CR/523812022 of same projectJ 12 Due date of possession 1,6.03.2021 [16.09.2020 plus six months in lieu of covid-19) (calculated from the date of environment clearance) (Note: inadvertently mentioned due date 1A.09.2021 vide proceedings doted L8.04.2 024).

13 Total sale consideration Rs.24,67,870 /- (as per BBA page 44 of complaintl _ 1,4 Amount paid by the complainant Rs.22,55,588/- fpaee 598 of complaint 15 Occupation certificate Not obtained Page 5 ofL6 fb ffiHARERq ffi" GuRUoRAM 16.1 Offer of possession Not offered B.

Facts of the complaint B.

The complainant has madr: following submissions in the complaint: i.

That the respondent made an advertisement in the newspaper 'Hindustan Times' regarding the location, specification, amenities, and time of completion of the project "63 GOLF DRIVE" under the Haryana Government's Affordable Housing Policy, located at Sector 63A, Gurugram, Haryana. ii.

That the complainant approached the respondent and booked a unit vide application no.

SGD (A) 6823, admeasuring carpet area of 605.1 sq.ft. and a balcony area of 94.94 sc1. ft. iii.

Thereaften, a draw of the said project was held, and the complainant was allotted unit no.

E118, 11tt,floor, tower E.

Further, the respondent and the complainernt executed a one-sided builder buyer agreement on 18.09.201,7, which created a false belief that the project would be completed in a timely manner.'[he total consideration of the unit was Rs.24,67,870/- and the complainzrnt paid the amount as and when the demands were raised by the respondent. iv. ndent. iv.

That as per the builder buyer agreement, the respondent was supposed to hand over the actual physical possession of the unit by 16.09 .2020 excluding the grace period of 6 months. v.

That the r:omplainant has paid the payment as demanded against the total consideration amount in a timely manner. vi, However, due to the slow pace of construction and absence of basic amenities, the respondent has delayed the handover of possession.

The complainant has fulfilled their responsibility in making the necessary payments and is not in lbreach of any terms of the agreement.

4817 of 2022 & others Page 6 of16 ffiHARER-I.I, ffi" eunt.lcnAM Complaint No.

4817 of 2022 & others vii.

That the respondent has charged interest on delayed instalments at a rate that is illegal, arbitrary, and unilateral, as per the agreement.

The respondent has also not provided the benefit of input tax credit on the GST amount recovered from the r:omplainant, despite committing to do so.

The complainant has also raised a complaint to the STP, Haryana office regarding this issue. viii.

That the respondent has indulged in various tricks and blatant illegalities in the booking and drafting of the buitrder buyer agreement, with a malicious and fraudulent intentir:n, causing deliberate and intentional mental and physical harassment to the complainant. ix.

That the :;low pace of work at the construction site and the respondent's half-hearted promises have caused the complainant great financial and emotional loss.

The malafide intentions of the respondent and the non- delivery of the flat unit in time have accrued huge losses to the complainant, affecting their family's future plans. x, That the cause of actiorr to file the complaint is within the jurisdiction of the authority.

C.

Relief sought by the complainant.

9.

The complainant has sought the following retieffs): I.

Direct the respondent to pay delayed possession charges/ interest till the delivery of possession. ossession.

IL Direct the respondent to ensure project is in habitable condition with all the amenities mentioned in the brochure.

III.

Direct the builder to pay input tax credit on the GST amount after calculation, given GST' paid @ Bo/o to the complainant as per the HRERA rules 10.

The complalnt was filed on 06,07.2022 in the Authority.

The respondent was granted opportunity to put in appearance and file a reply.

However, despite specific opportunities respondent failed to file reply.

In view of the same, the PageT of 16 HARER,d\- Complaint No, 4817 of 2022 & others ffiGUllUGliAM matter was proceeded ex-parte against the respondent vide order dated 07.1,2.2023.

Also, in the tCR/24L7 /2022 the matter was proceeded ex-parte against the respondent rride order dated 07.L2.2023 due to failure of the respondent to file reply afl[er giving several opportunities.

11.Copies of all the relevant rCocuments have been filed and placed on the record.

Their authenticity is not in dispute.

Hence, the complaint can be decided on the basis of these undisputed documents and submissions made by the complainant.

D.)urisdiction of the authority 1,2.The authorrty observes that it has territorial as well as subject matter jurisdiction to adjudicate t.he present complaint for the reasons given below.

D.l Territorial iurisdiction 13.

As per notilication no.

7,/92/2077-7TCP dated 14.12.2077 issued by Town and Country, Planning Department, the jurisdiction of Real Estate Regulatory Authority, Gurugram shall be entire Gurugram District for all purpose with offices situated in Gurugrram.

In the present case, the project in question is situated within the plarnning area of Gurugram District.

Therefore, this authority has complete territorial jurisdiction to deal with the present complaint.

D.ll Subject matter iurisdiction 14.

Section 11( )(a) of the Act, 201.6 responsible to the allottee as Per provides that the promoter shall be agreement for sale. for sale.

Section 11(a)[a) is reproduced as hereunder: Section 77 @) The promoter shall- (a) be responsible for all obligations, responsibilities and functions under the provisions of this Act or the rules and regulations made thereunder or to the allottees as per the agreement for sale, or to the association of allottees, as the case may be, till the conveyance of all the apartments, plots or buildings, as Page 8 of 16 GURUGI?AM Complaint No.

4817 of 2022 & others the case moy be, to the allottees, or the common areas to the association of allottees or the competent authority, as the case may be; Section 34-Functions of the Authority: 34(fl of the Act prov'ides to ensure compliance of the obligations cast upon the pro,moters, the allottees and the real estate agents under this Ac:t and the rules and regulations matle thereunder.

15.

So, in view of the provisions of the Act quoted above, the authority has complete jurisdiction to decide the complaint regarding non-compliance of obligations Lry the promotrer leaving aside compensation which is to be decided by the adjudicating officer if pursued by the complainant at a later stage.

E.

Findings on the relief souLght by the complainant.

E.I Direct the respondent to pay delayed possession charges/ interest.

E.ll Direct the respondent to ensure proiect is in habitable condition with all the amenities mentioned in the brochure.

1-6, The above-mentioned reliefs sought by the complainant are being taken together as the findings in one relief will definitely affect the result of the other relief and the same being interconnected.

1,7. the present complaint, the complainant intends to continue with the project and is seeking delay posrsession charges as provided under the proviso to Section 1B(1) of the Act.

Section 1B(1) proviso reads as under. "Section 18: - Return of amount and compensation 1B(1).

If the promoter . promoter .,fails to complete or is unable to give possession of an apartrnent, plot, or bui,lding, - Provitled that where an allottee does not intend to withdraw from the project, he sholl be paid, by the promoter, interest for every month of delay, till the handing over ol'the possession , at such rate as may be prescribed." l"B.

Clause 4 of the buyer's agr:eement provides for time period for handing over of possession and is reproduced below: " 4-Pos'session The Developer shall etndeavour to handover possession of the said flat within a period' of four years i.e.

48 months from the dote of commencement of proiect, subject to force majeure & timely poyments by the allottee towards the sale Page 9 ofL6 ffiHARERA ffiGuRUcnAM Complaint No.

4817 of 2022 & others consideration, in accordance with the terms as stipulated in the present egreetnent." 19.

The authority has gone through the possession clause of the agreement.

At the outset, it is relevant to comment on the pre-set possession clause of the agreement wherein the possession has been subjected to all kinds of terms and conditions of this agreement and the complainant not being in default under any provision of this algreement and in compliance with all provisions, formalities and documentation as prescribed by the promoter.

The drafting of this clause and incorponation of such conditions is not only vague and uncertain but so heavily loaded in favour of the promoter and against the allottee that even a singl,e default by the allottee in fulfilling formalities and documentations etc. as prescribed by the promoter may make the possession clause irrelelvant for the purpose of allottee and the commitment date for handing over possession loses its meaning.

20, The buyer's agreement is a pivotal legal document which should ensure that the rights and liabilities of both builder/promoter and buyer/allottee are protected candidly. candidly.

The apartment buyer's agreement lays down the terms that govern the :;ale of different kinds of properties like residentials, commercials etc. between the buyer and builder.

It is in the interest of both the parties to have a well-drafted apartment buyer's agreement which would thereby protect the rights of'both the builders and buyers in the unfortunate event of a dispute that may arise.

It should be drafted in the simple and unambiguous language which may be understood by a common man with an ordinary educational background, It should contain a provision with regard to stipulated time of delivery of possession of the apartment, plot or building, as the case may be and the rights of the buyer/allottees in case of delay in possession of the unit.

Page 10 of16 ffiHARER;i ffiouRUGRAM Complaint No.

4817 of 2022 & others 21-.Admissibility of delay possession charges at prescribed rate of interest: The complainant is seeking delay possession charges till delivery of possession.

Proviso to Section L8 provides that where an allottee does not intend to withdraw from the project, he shall be paid, by the promoter, interest for every month of delay, till the tranding over of possession, at such rate as may be prescribed and ithas been prescribed under Rule 15 of the Rules, ibid.

Rule 15 has been reproduced as under: "Rule 1-5.

Prescribed ,rate of interest- [Proviso to section 12, section 78 and sub-section (4) ond subsectior,t (7) of section 791 (1) For the purpose o.f proviso ta sectlon L2; section 18; and sub-sections (4) ond (7) of section L9, the "interest at the rate prescribed" sholl be the State Bank of Indiia highest marginol cost of lending rate +20/0.: Provided that in case the State Bank of India marginal cost of lending rate (MCLR) is not in use, it shall be replaced by such benchmark lending rates which the State Bank of India may fix from time to time for lemding to the general public." 22. blic." 22.The legislature in its wisdom in the subordinate legislation under the provision of Rule 15 o1 the Rules, ibid, has determined the prescribed rate of interest. 'l'he rate of interest so deterrrrined by the legislature, is reasonable and if the said rule is follolved to award the interest, it will ensure uniform practice in all the CASCS.

2 3.

Consequently, as per website of the State Bank of India i.e., https : I /sbi.co.in, the marginal cost of lending rate fin short, MCLR) as on date i,e., 1.8.04.2024 is B.B5%.

Accordingly, the prescribed rate of interest will be marginal cost of lending rate +2o/o i.e., 10.85%.

24.The definition of term 'interest' as defined under Section 2(za) of the Act provides thzrt the rate of interest chargeable from the allottee by the promoter, in case of default, shall be equal to the rate of interest which the promoter shall be liable to pay the alllottee, in case of default.

The relevant section is reproduced below: Page 11 ofL6 lL ffiHAREB& ffi oUnUGRAM complaint No, 4817 of 2022 & others "(za) "interest" meens the rates of interest payable by the promoter or the allottee, as the case may ,be.

Explctnation. -For the purpose of this clause- (i) the rate of interest chargeable from the allottee by the promoter, in case of derfault, shall be equal to the rate of interest which the promoter shall be liatble to pay the allottee, in case of default. [ii) the interest payable by the promoter to the allottee shall be from the date the promoter received the amount or any part thereof till the date the omount or part ilhereof and interest thereon is refunded, and the interest payable by tline allottee to the promoter shall be from the date the allottee defaults in payment to the promoter till the date it is paid;" 25.

Therefore, interest on thre delay payments from the complainant shall be charged at the prescribed rate i.e., 10. i.e., 10.85 o/o by the respondent/promoter which is the same as is being granted to them ih case of delayed possession charges.

26.

On consideration of the documents available on record and submissions made regarding contravention of provisions of the Act, the authority is satisfied that the respondent is in contravention of the Section 1,1(4)(a) of the Act by not handing over possession by the due date as per the agreement.

By virtue of clause 4 of the buyer's agreement, the possession of the subject apartment was to be delivered within 4 ),ears from the date of commencement of project fas per clause l(iv) of Affordable Housing,Policy, 20L3, all such projects shall be required to be necessarily completed within 4 years from the approval of building plans or grant of environmental clearance, whichever is later.

This date shatl be referred to as the "date ctf commencement of project" for the purpose of this policy).ln the present case, the date of approval of building plans is 10.03.2015, and the date, of environment clearance is 1,6.09.2016.

The due date of handing over of possession is recli:oned from the date of environment clearance being later.

Therelore, the due date of handing over of possession comes out to be 1,6.09.2020.

Further as per HARERA notification no.

9/3-2020 dated 26.05.2020, an extensiott of 6 months is granted for the projects having completion date on or after 25.03.2020.

The completion date of the aforesaid Page LZ of 16 HARERE Complaint No.

481"7 of 2022 & others ffi GURUGIIAM project in which the subject unit is being allotted to the complainant is 16.09.2020 i.e., after 25.0'.3.2020.

Therefore, an extension of 6 months is to be given over and above the due date of handing over possession in view of notification no.

9/3-2020 dated 26.05.2020, on account of force majeure conditions due to outbreak of Covid-l9.

As such the due date for handing over of possession comes out tcl be 16.03.2021,.

27.

2021,.

27.|t is the failure of the promoter to fulfil its obligations and responsibilities as per the buyer's agreemenLt to hand over the possession within the stipulated period.

Accordingly, the non-compliance of the mandate contained in Section 1,L(4)[a) read with Section 1B[1J of the Act on the part of the respondent is established.

As such the crcmplainant is entitled to delay possession charges at rate of the prescribed interest @ 10.85% p.a. w.e.f .1,6.03.2021 till the actual handing over of possess;ion or valid offer of possession plus 2 months, whichever is earlier as per provisions of Section 1B(1) of the Act read with Rule 15 of the Rulies, ibid.

28.

Further, as prer Section 17(1) of the Act of 201.6, the respondent is obligated to handover phrysical possession of the subject unit to the complainant, Therefore, the responctrent shall handover the possession of the allotted unit as per specificationL of the buyer's agreement entered into between the parties, after receiving ocr:upation certificate from the competent authority.

G.III Direct the builder to pay input tax credit on the GST amount after calculation, given GIST paid @ Bo/o to the complainant as per the HRERA rules 29.The responclent is directed to charge the GST as per rules and regulations and for the input tax credit, the attention of the authority was drawn to the fact that the leg,islature while framing the GST law specifically provided for anti- profiteering measures as ia check and to maintain the balance in the inflation of cost on the product/servir:es due to change in migration to a new tax regime i.e.

Page 13 of16 ffiHARER,E ffi- GURUGRAM Complaint No.

4817 of 2022 & others GST, by incorporating section 17L in Central Goods and Services'l'ax Act, 2017 / Haryana Gor:ds and ServiLces Tax Act, 20L7, the same is reproduced herein below: "Section 171. ction 171. (1) Any reduction in rate of tax on any supply of goods or services or the benefit of input tax credit shall be passed on to the recipient by walt of commensurate reduction in prices." 30.

The intention of the leg;islature was amply clear that the benefit of tax reduction or 'lnput Tax Credit' is required to be passed onto the customers in view of section 1,71, of HG:ST/CGST Act, 201,7.

As per the above said provisions of the Act, it is mandatory' for the respondent to pass on the benefits of 'lnput Tax Credit' by way of commensurate reduction in price of the flat/unit.

Accordingly, respondent should reduce the price of the unit/consideration to be realized I'rom the buyerr of the flats! commensurate with the benefit of ITC received by lhim.

The pronnoter shall submit the benefit given to the allottee as per sectio n 1,7 1. of the HGST Act,2017 .

31.

The builder lhas to pass thrs benefit of input tax credit to the buyer.

In the event, the respondr:nt-promoter has not passed the benefit of ITC to the buyers of the unitthen it is in contravention to the provisions of section1.71[1) of the HGST Act, 2017 and has thus committed an offence as per the provisions of section 171, (3A) of the above Act, The allottee shall be at liberty to approach the State Screening Committee Haryana for initiating proceedings under section 171, of the HGST Act against the respondent-promoter.

H.

Directions of the authority 32.

Hence, the authority hereby passes this order and issues the following directions under section 3i7 of the Act to ensure compliance of obligations cast upon the promoter as per the function entrusted to the authority under section 3a(fl: Page 14 of 16 Complaint No.4817 of 2022 & others l. ii. iii. iv.

V.

HARER& ffiGUIIUGI?AM The respondent is directed to pay interest to each of the complainantfs) against the paid-up amount at the prescribed rate of interest i.e.,10.85% p.a. for every month of delay from the due date of possession 16.03. ion 16.03.2021 till actual handing over of possession or valid offer of possession plus two months after obtaining occupation certificate from the competent Authority, whichever is earlier as per proviso to section 1B[1) of the Act read with rule L5 of the rules.

The arrears of such interest accrued from due date of possession of each case till the date of this order by the authority shall be paid by the promoter to the allottees within a period of 90 days from date of this order and interest for every month of delay shall be paid by the promoter to allottee[s) before 1Oth of the subsequent month as per rule 16(2) of the rules, The complainants are directed to pay outstanding dues, if any, after adjustrrrent of interest for the delayed period.

The resrpondent is directed to offer the possession of the allotted unit within 130 days after robtaining occupation certificate from the competent authority.

The complainants w.r.t. obligation conferred upon them under section 19(10) of Act of 2016, shall take the physical possession of the subject unit, within a period of two months of the occupancy certificate.

The rate of interest chargeable from the allottee by the promoter, in case of default shall be c:harged at the prescribed rate i.e., 10.85% by the respondent/promoter which is the same rate of interest which the promoter shall be liable to pay the allottee, in case of default i.e., the delayed possession charges as per section Z(za) of the Act.

Page 15 of 16 ffiHARERA ffi. eunllGRAM vi.

The respondent shall not charge not the part of the bu'yer's agree 33.

This decision shall mutatirs mutandis a order.

34.

The complaints stand disposed of.

Tru on the case file of each matter.

35.

Files be consigned to registry.

Dated:18 ,04.2024 plaint No.

4817 of 2022 & others ing from the complainant which is n pl to cases mentioned in para 3 of this fied copies of this order be placed Y.l - ; (Viiay lffmar Goyal) Haryana Real Estate Regulatory Authority, Gurugram Page 16 ofL6 ofL6