HEMANT KUMAR vs IMPERIA STRUCTURES LTD.

HARERA G6 ar rDl tcDAf\/ BEFORE THE HARYANA REAL ESTATE REGUU\TORY AUTHORITY, GURUGRAM Date of decisiont 13.12.2024 COMM; Shri Ashok Sangwan Member ORDER 1.

This order shall dispose of 4 complaints titled above filed before this authority under section 31 of the Real Estate (Regulation and Development) Act, 2016 Page 1 of 18 |/ Complaint No.

5525 of 2023 and 3 others NAME OF THE BUILDER M/s Imperia Structures Limited PROIECT NAME The Esfera", Sector-37c Gurugram, Haryana S.

No.

Case No.

Case title Appearance 1. cR/ss2s/2023 Hemant Kumar Vs.

Imperia Adv.

Sunil Kumar (Complainant) Adv.

Geetansh Nagpal IRespondent) 2. cR/ss26/2023 Adv- sunil Kumar (Complainant) Adv.

Geetansh Nagpal (RespondentJ 3. cR/s63s /2023 Jharna Impe Iar 'ia Adv.

Sunil Kumar (ComplainantJ Adv.

Geetansh Nagpal IRespondent) :ures L }}Ed 4. cR/ss4s/2023 Prakash Structures I.IAI ^l lnl t/^n n Adv.

Geetansh Nagpal (RespondentJ Pallav Atreja Vs, lmperia Structures Limited I1ARERA GURUGRAI\,I Complaint No.

5525 of2023 and 3 others fhereinafter referred as "the Act''J read with rule 28 of the Haryana Real Estate (Regulation and DevelopmentJ Rules, 2017 [hereinafter referred as "the rules"J for violation of seaion 11(4)(aJ of the Act wherein it is inter alia prescribed that the promoter shall be responsible for all its obligations, responsibilities and functions to the allottees as per the agreement for sale executed inter se parties.

2.

The core issues emanating from them are similar in nature and the complainant(s) in the above referred matters are allottees ofthe project, namely, "The Esfera", Sector-37C", G being developed by the respondent/promoter i.e., M/s Limited.

The terms and conditions of the allotment I eements, fulcrum of the issue involved in all these e part of the promoter to deliver timely possessio king award for delayed possession charges and 3. ges and 3.

The details ofthe comp possession clause, due ount, and relief sought date of possession, total are given in the table bel Page 2 of 18 Name and location of the proiect " Phase II at sector 37-C, Gurgaon, Housing Complex Nature ofthe project Project area DTCP license no.

2011 dated 06.07.2011 valid upto Name oflicensee ix Datatech Services Pvt Ltd and 4 RERA Registered/ not registered red vide no.

352 of 2017 issued on .2077 up to 31.72.2020 Particulars Details 17 acres HARERA ffiGURUGRAM Complaint No.

5525 of 2023 and 3 others 7.

Possession clause 70.7.

SCHEDULE FOR POSSfSSION "The developer based on its present plans and estimates and subject to all just exceptions, contemplates to complete the construction of the said building/said apartment within o period of three and haryyears from the date of execution of thls agreement unless there shall be delay or there shqll be fqilure due to reasons mentioned in clause 11.1, 11.2, 11.3, and clause 47 or due to failure of qllottee(s) to pay in time the price ofthe said unitalong with other charges ond dues in accordance with the schedule of payments given in annexure C or os per the demands raised by the developer from time to time or any failure on the part of the qllottee to abide by all or any of the terms or co nditio ns of th is a g re em ent " tF{ ffi. \l s.

Complaintno., Case UtIe, Date of fflingof complaintand replystatus Total sale consideration and Total amountpaid by the complainant in Rs, Relief sought 1. cR/ss2s /2023 Hemant Kumar Vs.

Imperia Structures Limited DOI | 22.12.2023 RR:12.04.2024 1403, 14'h floor, B-C G RU( 01.03.2012 'Y!t,," ERI ]i"":;.i lr li r, .i TS: Rs.70,78,700/- AP: Rs.

169,S2,OSA/- h::';rl*' offer of possession .ld fit out: 'tt.o3.zoz4 DPC along with 2_ cR/5526 /2023 Pallav Atreja Vs. lmperia Structures Limited DOFr 22.72.2023 RRt 12.04,2024 403,4d' floor,T-D 1650 sq. ft.

AL:- 29.08.2011 BBA: 10.10.2013 10.04.2017 TS: Rs.71,06,750/- AP: Rs. /- AP: Rs.

70,0a,647 / - OC: NA offer of possession: NA DPCalong with Possession, 3. cR/s63s /2023 lharna lan and Akshay lan Vs.

A-902,T-A 1850 sq. ft AL:.

17.02.2012 25.71.20L7 TS: Rs.80,99,650/- AP: Rs.

76,3O,564/- DPC along with PaEe3 oflA / Allotment Due date of l Unitno. andslze Letter Atrd BBA ffiHARERA ffi aIRUGRAM 4.

The facts ofall the complaints Out of the above-menti titled as Hemant Ku consideration for d A.

5.

Proiect and unit rela The particulars ofthe p by the complainant date if any, have been detailed in the Imperia Structures Limited DOF | 22-12.2023 RRt 12,04,2024 BBAI 25.05.2013 In-principal0C: 13.O3.2024 offer of possession for fit out: 15.03.2024 cR/5545 /2023 Prak.ash Saha Vs.

Imperia Structures Limited DOFt 22.12-2023 R'Rt 12,04.2024 802, 8d, floor, B-B 1850 sq. ft- AL:- 24.04.2072 BBA: 04.10.2013 04_04_2077 TS: Rs.89,05,938/- AP: Rs.

79,87,275 /- In-principal0C: 13.03.2024 Offer ofpossession for fft out: 15.03.2024 DPCalong with Possession, Complaint No.

5525 of 2023 and 3 others t(sJ/allottee(s) are similar. lead case CR/5525/2023 are being taken into eration, the amount paid e possesslon, delay period, form: I "The Esfera" Phase II at sector 37-C, Gurgaon, Haryana Name and location of the project Nature of the project Group Housing Complex Project area DTCP license no.

64 of2071dated 06.07.2011 valid upto 15.07.2017 Page 4 oflB s.

N.

Particulars Details 1.

3.

17 acres 14.

HARERA GURUGRAM Complaint No.

5525 of 2023 and 3 others 5.

Name oflicensee M/s Phonix Datatech Services Pvt Ltd and 4 others 6.

RERA Registered/ not registered Registered vide no.

352 of 2017 issued on 17 .11.2077 up ro 31.12.2020 7.

Apartment no.

1403, 14th floor, B-c 8.

Unit area admeasuring 1650 sq. ft.

9.

Area increased on offer of possession 1815 sq. ft.

10.

Date of booking o7 .11,.201,7 11.

Date of allotment letter 01.03.2012 t2.

Date of builder buyer agreement 09.09.2013 13.

Possession clause 70.7. ause 70.7.

SCHEDULE FOR POSSESSIO/V "The developer based on its presentplans and estimates and subject to all just exceptions, contemplates to complete the construction of the said building /said apartment within a period of three and half years from the date of execution oI this agreement unless there shall be delay or there shall be failure due to reasons mentioned in clause 71.1, 11.2, 11.3, and clause 41 or due to failure of allottee(s) to pay in time the price of the said unit along with other charges and dues in accordance with the schedule of payments given in annexure C or as per the demands raised by the developer from time to time or any failure on the part ofthe allottee to abide by all or any Page 5 of 18 1r' IIARERA GURUGRAM Facts ofthe comp The complainant has l.

That the complai complaint No.

5525 of2023 and 3 others of the terms or conditions of this agreemenL" (Emphasis supplied) the complaint: - B.

6. citizen of lndia, who nurtured hitherto an having an Apartment in upcoming societies with 'standards.

The grievance of the mises, gross unfair trade by the respondent, imperia structures Iimited in regar ed an apartment application dated 07.11.2011 and allotment dated 01-03-2012 in relation with apartment no "C-1403,"Tower/Block- C", "FIoor - 14th", "measuring area 1650 Sq.

Ft. on Total Sale Price 52,02,450 /-exchtsive tax and BSP 70,78,700/-', bought by the Complainants paying her hard earned money, in the project called "The Esfera", spread over the land admeasuring Page 6 of 18 Due date of possession 09.03.2017 [calculated as per possession clause] Rs.70,78,7OO/- Total sale consideration Amount paid by the complainant Rs.69,52,058/- [as alleged by the complainant] L3.03.2024 In principal Occupation certificate dated Offer of possession for fit outs 15.03.2024 Complaint No.

5525 of 2023 and 3 others II.

HARERA ffiGURUGRAM approximately 60460 Square meter, situated at Sector-37 C, Village Gharoli Khurd and Basai, Gurugram, Haryana. , Haryana.

As per RTI-1881/DSIRJ/2013/31670-67 6 dated Z3-02-2013, The Director, Town and Country PlanninB Government of Haryana informed applicants that, no license under the provisions of Haryana Development Regulation of Urban Act 1975 is granted to Imperia Structures Ltd.

In Sector 37C.

As on date ofthe response on 23-02-2013.

II I.

On the basis of this license the allotment date, the company a huge amount, (more than 20%o "lmperia Structures Limited" i.e.10,67,2A2/- of BSP in 02,450 /- @3L53 Sq. foot * 3153 Sq.

Ft. mentioned in J payable amount of the Apartment from from January 2012 to Agreement on 09th, March, 2012 an September,2013 of delay in acquiring license, not due ived and promised the Complainant to Apartment by 09th March, 2017 (See Possession 50 of B.B.AI.

Later, vide dated 07 .L2.2022 (in email fortunately the Respondent Page 7 of78 / increase Super Are and demand 6,85,245l- Average Escalation Cost5,87,238/- by sending Letter dated 07 -72-2022 (in email date 14-72-2022) and demand unethical charges etc.

But at that time the Carpet Area and Super Area not increase in respect of Increase Area Charges demand.

The Respondent in a clandestine manner has charged irrelevant taxes and Escalation Charges and other miscellaneous Charges from the Complainant.

Even after a delay of Five [6) Years approximately, the Respondent is neither offering possession of the Apartment to the *HARERA ffi aJRuGRAM Complaint No.

5525 of 2023 and 3 others Complainants, nor is paying any interest as per RERA Act, but demand unethical and wrong one sided from the Complainants.

IV.

That the escalation charges demand remand back and other charges as carpet area since from Z0l2 to ?017 there is no change in carpet and super area, but respondent demand unlawfully by sending letter dated 07.12.2022.

As construction was already done by the respondent. no written approval taken from buyer before increasing the area and it seems to be only on books or intenti extortion technique.

C. hnique.

C.

Relief sought bythe complai 7.

The complainant has sought fo I.

Direct the respo al, physical and vacant possession of the charges.

8.

On the date of heari pondent /promoter about the contraventi itted in relation to section 11. [4J [a) ofthe guilty.

Reply by the respondent The respondent has contested e following grounds:- D.

9. t.

That the Complainant after making independen being fully satisfied about the pro,ect, had ap Company for booking of a Residential Unit in Respondent's project 'The Esfera' [hereinafter referred to as the'said project'J located in Sector-37-C, Gurugram, Haryana.

The Respondent Company provisionally allotted the Unit bearing No.

C 1403 (hereinafter referred to as the 'said unit'J in favor of the Complainant for a total consideration amount of Rs.73,97,430/- (rupees seventy-three lakhs ninety-seven thousand four hundred and thirty only), including applicable tax and additional miscellaneous charges vide Booking dated 07.11.2011 and opted the Construction Linked Payment Plan ent enquiries and only after ached the Respondent Page I of 18 HARERA ffiGURUGRAM Complaint No.

5525 of 2023 and 3 others on the terms and conditions mutually agreed by the Complainant and the Respondent Company.

II.

That the Respondent Company has already obtained the Occupancy Certificate on 73.03.2024, pertaining to the Project in question where the unit ofthe Complainant is situated, and the Respondent Company has sent an offer of possession on 15.03.2024, after obtaining the OC.

In view of this matter, the Respondent Company is ready to deliver possession ofthe said Unit to the Compl ering the Occupancy Certificate obtained after settling the ou ues of Rs. tL,20,959 /-.

IIL That the Complainant h Authority with clean hands or with bona Jide i epicted in their actions as they have not pai in time and it must be noted that till Complainant, ding to be paid by the Complainant by th IV. by th IV.

That despite num nant failed to comply by the obligations laid d ingly entered into.

Herein it is pertinent to m due to be paid by Rs.

11,20,959/- is still V.

That the terms under Buyer's Agreement delineates the respective obligations of the Complainant as well as of the Respondent as an aftermath of breach of any of the conditions specified therein. lt must be noted that this provision was also confirmed and agreed to by the Complainant, who is now attempting to put on an innocent fagade to escape their responsibilities and liabilities.

VI.

Firstly, owing to unprecedented air pollution levels in Delhi NCR, the Hon'ble Supreme Court directed a ban on construction activities in the said were issued to the Page 9 of18 ffiHARERA # aJRITGRAM complaint No.

5525 of 2023 aod 3 others region from November 4, 2019 onwards, which was a huge hurdle to realty developers in the city.

The Air Quality lndex [AQI] at the time was running as high as 900 PM, which is severely unsafe for the health.

Later, in furtherance of declaration of the AQI levels as 'not severe' by the Central Pollution Control Board (CPCB), the Hon'ble Supreme Court lifted the ban conditionally on December 9, 2019, allowing construction activities to be carried out betlveen 6 a.m. and 6 p.m. and consequently, the complete ban was lifted by the Hon'ble S rt on 14th February,2020.

It is submitted that this had cau ect to be delayed and thus, there was a delay in applicatio Certificate.

Secondly, when the complete ban was li rnment of India imposed National Lo ic COVID-19, and later Iifted the lockd It must be pertinent to mention herein caused immense delay and obstruction to as the procurement of labour and raw challenging.

The whole situation led to a "workers, who left cities and returned back to their villages, for safety of themselves and their families.

It is estimated that around 6lakh workers walked to their villages, and around 10 rakh (Et$R{J(9ffi{fr"n,. ffi{fr"n,.rhe aftermath of lockdown or post lockdown periods have left great impact on the realty sector for resuming their respective constructions.

Thus, causing delay in the completion ofthe said proiect, this was already hampered by the non- payment of outstanding dues by numerous allottees, including the Complainant.

VIL That it is thereafter concluded that this Complaint is ultra vires and entertaining it will be bad in law.

It is also submitted that the Complainant Page 10 of 18 HARERA GURUGRAI/ Complaint No.

5525 of2023 and 3 others is not entitled to the proposed reliefs as they have approached this Hon'ble Authority with malice andmalafide intentions.

It is also submitted that the contractual obligations were not met by the Complainant, to begin with, and they have concealed these relevant facts, which resultantly render this Complaint infructuous and not maintainable.

All other averments made in the complaints were denied in toto.

Copies ofall the relevant documents have been filed and placed on the record.

Their authenticity is not in dispu mplaint can be decided on the basis ofthese undisputed docume mission made by the parties.

E. furisdiction ofthe authority 11.

The authoritv observes as subiect matter ons given below. jurisdiction to adj E.I Territorial iurisd 12.

As per notification no.1 fTissued byTown and Country Planning De Estate Regulatory Authority, Gurugram s ct for all purpose with offices situated in Gurugram. se, the project in question is situated within the p istrict.

Therefore, this authority has compl complaint. with the present E.Il Subiect matter iurisdiction Section 11(4)(a) of the Act, 2016 provides responsible to the allottee as per agreement reproduced as hereunder: Section 71 (4) The promoter sholl- GURUGRAM 13. that the for sale. promoter shall be Section 11(4)(a) is Page 11 of 18 Complaint No. plaint No.

5525 of 2023 and 3 others (a) be responsible for qll obligqtions, responsibilities ond functions under the provisions of this Act or the rules and regulations made thereunder or to the ollottees as per the agreement for sale, or to the ossociation of allottees, os the cose may be, till the conveyqnce of all the opartments, plots or buildings, as the case may be, to the allotteet or the common oreas to the qssociqtion of allottees or the competent authority, qs the case moy be; Section 34-Functions of the Authorivt 344 oI the Act provides to ensure compliance of the obligotions cast upon the promoters, the ollottees qnd the real estate agents under this Act and the rules ond regulqtions mode thereunder.

14.

So, in view ofthe provisions ofthe Act of2016 quoted above, the authority has complete ,urisdiction to decide th,e go.grfllint regarding non-compliance of obligations by the promoter leaving.iasi4ecompensation which is to be decided by the adjudicating officer ifpursued by the complainants at a later stage.

F.

Objections raised by the F.I Obiections 15, The respondent-promoter has raised the contention that the construction of the tower in which the unit o d, has been delayed due to force majeure circumstances and Supreme Court, govt. schemes and non-pa allottee of the project and stoppage ofwork due to lock ovid-19 pandemic but all the pleas advanced in this regard are First of all, the possession of the unit in question *". to ffiu1t fiPs)m1qe, events allesed b!, the respondent do not hav-al!'irnpdt DnQrt ?rblrtt teing developed by the are routine in nature same into consideration while launching the proiect.

16.

The respondent further alleged that the period from 31.08.2023 to 07.02.2024 may be excluded for the purpose of payment of DPC as there was a moratorium u/s 14 of the IBC since the company of the respondent was under CIRP in the matter IB- 525/PB/2022 tit].ed as Chirag Jain and others vs.

Imperia Structures Ltd. tures Ltd. ffiHARERA e aJRTIGRAM Page 12 of18 Complaint No.

5525 of2023 and 3 others But it is pertinent to note here that there is no order placed on record by the respondent-company, wherein the period of moratorium proceedings has been declared as zero- period.

Hence, the plea of the respondent on account of delay in completion due to moratorium proceeding is not tenable.

As far as the delay in construction due to outbreak ofCovid-19 is concerned, Hon'ble Delhi High Court in case titled as M/s Halliburton Ofrshore Services Inc.

V/S Vedanta Ltd, & Anr. bearing no.

O,M.P (l) (Comm,) no.88/ 2020 and l.As 3696- 3697/2020 dated 29.05.2020 has obselldthat- "69.The post non-performqnce ofthe Contractor connot be condoned due to the COVID-19lockdown in March 2020 in India.The Contractorwas in breqch since September 201g.

Opportunities were given to the Controctot to cure the some repeatedly.

Despite the some, the Contrqctor could not complete the Project.The outbreok of a pandemic cannot be.used os.an excuse for non- performonce of o contractfor which the deadlineswere much before the outbreqk itself." The respondent was liable to complete t}le construction of the project and the possession of the said unit was to be !1nded over within three and half yeras from date of execution of agreement which comes out to be 09.03-2017 and is claiming benefit of lockdown which came into effect on 23.03.2020 whereas the due date of handing over of possession was much prior to the event of outbreak of Covid-19 pandemic.

Therefore, the Authority is ofthe view that outbreak of a pandemic cannot be used as an excuse for non- oerformance ofa contract for which the deadlines were rlPar\lr\"i much before the outbreak itself and for the said reason, the said time period is not /\l lr\l l./\ r1 ,r !r .r excluded while calculating the delay in handing over possession. ossession.

Thus, the promoter respondent cannot be given any leniency based on aforesaid reasons and it is a well settled principle that a person cannot take benefit ofhis own wrong.

G.

Findings on the reliefsoughtby the complainant c.l Direct the respondentto handover the actual, physical and vacant possession ofthe unit along with delay possession charges. ffiHARERA S-aiRuGRAM 1,7.

18.

L9.

Page 13 oflB 1/ HARERA ffiGURUGRAM any ofthe terms or condttions olthls ogreemenL" 22.

Admissibility of delay possessiqn charges at prescribed rate of interest: The complainant is seeking delay possession charges at the prescribed rate of interest on the amount already paid by her.

Proviso to section 18 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 handing over of possession, at such rate as may be prescribed and it has been prescribed under rule 15 ofthe rules.

Rule 15 has been reproduced as under: Rule 75, Prescribed rqte oI interest- [Proviso to section 12, section 78 and sub-section (4) and subsection (7) olsection 791 Complaint No.

5525 of 2023 and 3 others 20.

The complainant intends to continue with the project and is seeking delay possession charges as provided under the proviso to section 1.8(1) of the Act.

Sec.

18(1J proviso reads as under: "Section 78, - Return of amount and compensotion 1B(1). lfthe promoter fqils to complete or is unable to give possession ofon apartment, plot, or building, - Provided that where an ollottee does not intend to withdraw from the project, he sholl be poid, by the promoter, interestfor every month ofdeloy, 21.

As per clause 10.1 ofthe apartme ent provides the time period of handing over possession and roduced below: 70.7, SCHEDULE FOR "The developer mdtes and subject to all just exceptions, co ction of the soid building/said ap and half years from shallbe delay or there the dote oI shall be failure d se 11.1, 11.2, 11.

11.2, 11.3, and clause 41 or due me the price of the slid unit along with oth nce with the schedule of payments given in ann nds raised by the developer from time to time or any fa it of the allottee to abide by all or Page 14 of 18 HARERA ffiGURUGRAI/ Complaint No.

5525 of 2023 and 3 others (1) For the purpose ofproviso to section 72; section 18; qnd sub-sections (4) and (7) of section 19, the "intgrest ot the rote prescribed" shall be the State Bank of India highest marginal cost of lending rate +20k.: Provided that in case the State Bank of India marginal cost oI lending rste (MCLR) is not in use, itshall be replaced by such benchmark lending rates which the Stau Bonk of India may fix fiom time to time for lending to the generol public.

23.

The legislature in its wisdom in the subordinate legislation under the provision ofrule 15 ofthe rules, has determined the prescribed rate ofinterest.

The rate of interest so determined by the legislature, is reasonable and if the said rule is followed to award the interest, it niform practice in all the cases.

24, Consequently, as per website ofth of India i.e., https://sbi.co.in, the marginal cost of lending rate as on date i.e., L3.12.2024 is 9.10%.

Accordingly, the p will be marginal cost of lending rate +zYo i.e., 11 25.

The definition of te provides that the rate o in case of default, shall ;t which the promoter shall be liable to pay the allo 26.

Therefore, interest on the d e complainant shall be charged at the prescribed rate same as is being gran charges. /promoter which is the of delayed possession 27.

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 11[4)(aJ of the Act by not handing over possession by the due date as per the agreement.

By virtue of clause 10. clause 10.1 ofthe agreement, the possession ofthe subject apartment was to be dellvered within three and half years from the date of execution of this agreement.

Therefore, the due date of handing over possession comes out to Page 15 of 18 requ GURUGRAN/ Esictlon z(zal of the Act f;lott"", uy tn" promoter, HARERA Complaint No.

5525 of 2023 and 3 others ffieunueRnlu I c,urvurc'" ' 09.03.2017.

In the present case, the complainant was offered possession for fit outs by the respondent on 15'03 2024 after obtaining ln-principal occupation certificate dated 13.03.2024 from the competent Authority But the validity of such an offer of possession is in question The authority would like to clarify regarding the concept of valid offer of possession lt is necessary to explain this concept because after a valid and lawful offer of possession' the liability of the promoter for the offer of possession comes to an ens' On the other hand' if the possession is not valid and lawful, liability of the promoter continues till a valid offer is made and the allottee remains entitled to receive interest for the delay caused in handing over valid possession Possession must be offered after obtaining occupation certificate The subiect unit after its completion should have received occupation certificate from the departments concerned certifying that aal basic infrastructural facilities have been laid and are operational Such infrastructure facilities including water supply, Sewerage system, storm water drainage, electricity supply, roads and street lighting' 28. ln the present matter, the respondent has obtained in principal occupation certificate from the concerned department on 13.03'2024' The said provisional occupation certincate was issued specifically for the purpose of inviting obiections/suggestions for construction of the 256 units [3 no's extra units) Towers A, B and C instead of sanctioned 253 no's units' without approval of building plans subject to the conditions Further the comp r the competent authority has clearly stated that "Final approval of the Provisional occupation along with sanction letter BR-VII will be conveyed after examination ofthe objections' if any received in the regard from the General Public/exciting allottees within 30 days after issuance of communication as and when issued by you"' 29.

In view of the above the In-principal occupation certificate cannotbe considered as a valid OC for the purpose of handing over of physical possession The Page 16 of 1B ffi HARERA S-eunrtonnrrrr Complaint No.

5525 of 2023 and 3 others Authority is of the considered view that there is delay on the part of the respondent to offer valid physical possession of the allotted unit to the complainants as per the terms and conditions ofthe buyer's agreement executed between the Parties.

30.

Accordingly, the non-compliance of the mandate contained in section 11(41(a) read with section 18(1) of the Act on the part of the respondent is established' As such the complainant is entitled to delay possession charges at prescribed rate of the interest @ 11.100/o p a' w e'f' 09 03 2017 till the expiry of 2 months from the date of valid offer of possession plus two months or the date of actual handing over whichever is earlier as per provisions of section 18(1J of the Act read with rule 15 ofthe rules' H.

Directions of the Authority :'i1.

Hence, the Authority hereby passes this order and issues the following directions under section 37 of the Act to ensure compliance of obligations cast upon the promoter as per the function entrusted to the authority under section 34(!: i.

The respondent/promoter is directed to pay interest at the prescribed rate i.e., 11.100/0 per annum for every month of delay on the amount paid by the complainant(s) from the due date of possession till the date of valid offer of possession plus two months or the date of handing over whichever is earlier as per proviso to section 18[1J ofthe Act read with rule 15 ofthe rules The arrears of arrears of interest accrued so far shall be paid to the complainant within 90 days from the date ofthis order as per rule 16(21 ofthe rules' ii.

The respondent is directed to handover possession of the unit to the complainant as per section 17(11 ofthe Act. iii.

The complainant is directed to pay outstanding dues, if any' after adjustment of interest for the delayed period.

Page 17 ot 18 Complaint No.

5525 of 2023 and 3 others iv.

The rate of interest chargeable from the allottee/complainant by the promoter, in case of default shall be charged at the prescribed rate i.e, 11.100/o 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 2(za) of the Act. v.

The respondent shall not charge anything from the complainant which is not the part of the buyer's agreement.

32.

This decision shall mutatis mutandis apply to cases mentioned in para 3 of this order wherein details of paid-up amount is mentioned in each of the complaints.

33.

Complaint as well as applications, ifany, stand disposed off accordingly.

Dated: -13.12.2024 ffi HARERA S- arnuelurv Files be consigned to registry.

Page 18 of 18 (Ashok S{ngwanJ Merrlber