SEEMA CHILLER vs AGRANTE REALTY LIMITED

ffiHARERA ffi eun[enAM Complaint No.

3150 of 2024 & 3 others BEFORE THE HARYANA REAL ESTATE REGULATORY AUTHORITY, GURUGMM Date of sion: I Lt.O7.2025 I NAME OF THE BUILDER AGRANTE REALTY LIMIT'ED PROJECT NAME "KAVYAM" S.

No.

Case No.

Case title ,APPEARANCE 1.. cR/3150/2024 h Limited Sh.

Akash Gupta [Advocate) Sh.

Brij Mohan [Advocate) 2. cR/31.91./2024 lt Sh.

Akash Gupta (Advocate) Sh.

Brij Mohan [AdvocateJ 3. cR/3ts4/rrt \ .c{ 1t€ ilq;l ryl lil r .,rrni[ed Sh.

Brij Mohan [Advocate) 4. cR/32s3/2024 r Sheela V/S Agrante Realty Limited =-F f I F} FIF} Sh.

Akash Gupta [Advocate) Sh, Brij Mohan [Advocate) CORAM: Shri Arun Kur"r'rar ORDER Chairman 1.

This order shall dispose of four complaints titled as above filed before this authority under Section 31 of the Real Estate fRegulation and Development) Act, 201,6 (in short, the Act) read wittr rule 28 of the Haryana Real Estate (Regulation and Development) Rules, 201.7 [in short, the Rules) for violation of section 11(4)(a) of the Act w'herein it is inter alia prescribed that the promoter shall be responsible for all obligations, Page 1 of 20 lieelma Chiller V/S Agrart€ Realty I intited 2.

3.

HARERA GURUGRAM responsibilities and functions under the p and regulations made there under or to th for sale executed inter se.

Complaint No.

3150 of 2024 &3 oth ision of the Act or the rules allottee as per the agreement The core issues emanating from them complainant(s) in the above referred ma rs are allottees of the project, namely, "Kavyam" fAffordable Group Housi g Colony) being developed by the same respondent/promoter i.e., te Realty Limited.

The terms and conditions of the buyer's ments, ulcrum of the issues involved in all these cases pertains timely possession of the rt of the promoter to deliver esti n, seeking delay possession charges along with in The details of the nit no. he nit no., date of agreement, possession clau sale consideration, total similar in nature and the le belornr: paid amount a daterofi$ossessio sougntiare grVen ln Project Name and Location " situated in Sector- 108, Acres 7.2017 valid upto 29.1L.2022 Vide regis 18 dated 22.LL.20L9 :1,t.2022 L(iv) "All such years from the date of a, clearance, whichever is later.

This date sh commencement of proiect" for the rily c<tmpleted within 4 or grant of environmental I be referred to as the "date of Date of approval of building plans: - 06.07.ZOL Date of environment clearance: - Z0.OB.Z01-g.

Due date of possession: - 20.02.2024 (Note: Due date to be 4 years from the date oJ' Complaint no. / Title/ Date of Filing Page 2 of 2O Gurugram.

RERA Registered Status of I Total sale Possession I consideration and i amount paid _ ] Unit no.

I Oate of and area I builder buyer ffiHARERA ffi eunUGRAM Complaint No.

3150 of 2024 & 3 others TSC: - Rs.22,07,300/- AP: - Rs.79,12,346/- TSC: - Rs.21,,92,030/- AP: - Rs.19,90,572/- cR/315012024 Kamlesh V/S Agrante Realty Limited DOF 18.07.2024 Reply 09.05.2025 104,1st floor, Tower-A1 512.50 sq. ft. (Carpet area) (page 35 of complaint) 13.09.202 (page 28 complai Due date of possession: 20.02,2024 TSC: - Rs.22,56,966/- AP: - Rs.21,28,625/- cR/3191/2024 Seema Chiller V/S Agrante Realty Limited DOF L8.07.2024 206,2"d floor, Tower-D 08.1.2.2 (page 35 Due date of possession: 20.02.2024 TSC: - Rs.22,01,443 /- AP: - Rs.19,1.2,346/- cR/31e4 Agrante Real Limited DOF L8.07',2024 ,r::',i[H OSSCSSION: 0.02.2024 cRl32s3/ Agrante Realty Limited DOF 18.07.2024 Reply 07.03.2025 488.30 sq. ft. (Carper area) (page 39 of complaintJ complaint The complainants in the above comptaintlg trave 1.

Direct the respondent tg pay delayed possessio Page 3 ot20 1.

2.

304,3',1 floor, 'l'Or,ver-D 488.30 sq, ft. [Carpet area]l (page 4l) of re'plyJ 08.12.2023 [pager 35 of repl;,,J I 4. l;,,J I 4. lt the fottowing retiefs lrges at the prescribed interest ___l g-stper l ffiHARERA ffi eunueRAM Complaint 2024 &3 oth No.

3150 of The aforesaid co promoter on account of violation of th nt letter against the allotment of uni handing over the possession charges. promoters, the allottee(s) and the real es rules and the regulations made thereunder 6.

The facts of all the complaints filed by the also similar.

Out of the above-mentioned mplainant(s )/allottee(s) are :, the particulars of lead case nte Realty Limited are being Page 4 of 2O 4. annum.

2, Direct the respondent to complete the devel facilities and amenities like water, electricity, 3.

Direct the respondent to handover the legal to the complainant, after receiving all the the competent authorities.

4.

Direct the respondent to not charge anything apartment buyer's agreement.

5.

Direct the respondent to pay legal complainant. ent of the apartment along with all parks, club, etc. innmediately. rightful possession of the apartment ired permissions and approvals from beyond the charges stipulated in the of Rs.1,00,000/- incurred by the Note: In the table referred are elaborated as follows: tions have been used.

They Abbreviation as an application for non- rt of the promoter/ which mandates the CR/3150/2024 titled as Kamtesh V/S Ag Full form DOF TSC AP Date of fi.ling complaint Total Sale considqrhtion Amount paid bv the allottee(s _l 5. ffi ffis rsia ffi Iqgf",t..' I ffiHARERA iri: ffi GURUGRAM taken into consideration for determining tl delayed possession charges along with inte A.

Unit and project related details 7.

The particulars of unit details, sale conside complainant, date of proposed handing ove if any, have been detailed in the following ti e rights of thr: allottee[s) qua est and otherrs. 'ation, the amr:unt paid by the 'the possession, delay period, bular form: S.

N.

Particulars Details 1.

Name of the project "Kavyam", S lctor- L0B, Gurugram 2.

Nature of project Affordable g :oup housing 3. housing 3.

RERA registered/not registered Registered 201,8 dated ride registration no.

23 of ,,2.1,1,.2018 Validity status 31,.1,1,.2022 registered area 5 acres 4.

DTPC License no.

101 of 201,7 dated 30.11.21)17 Validity status 29.1,L.2022 Name of licensee Arvinder Sir gh & others Licensed area 5 acres 5.

Unit no.

TA1-104, in [page 35 of r fower AL, 1st lloor omplaintl 6.

Unit area admeasuring 512.50 sq. ft [page 35 of r (carpet area) omplaintl 7.

Provisional Allotment 03.07 .2021 (page no.77 of complaint) B.

Allotment letter 1,8.07.2021 (Page no.

78 of complaint) Page 5 of20 ffi ffi @;il I zoll a s ott,e.r I HARERS, GURUGRAM 9.

I Aereement to sale ltZ.OO.ZOZ| I I [pase no.Zt of complaint) 10.

Building plan approved on 06.07.2018 [as per dat websitel available at DTCP official 11.

Environment clearance 20.08.2019 [as per d: website of tl ta (A-H) available in the te authority] t2.

Date of start of construction Not availabl L3.

Possession clause 7.

Possessir 7.1 Schedul apartment The Promo that timely Apartment Agreement. approved assures to l Apartment r of construcl failure due Policy/guidr flood, of the apartment for possession of the said :er agrees and understands lelivery of possession of the is the essence of the The Promoter', based on the plans and specifications, rand over possession of the vithin 4 years from the start ion, unless there is delay or lo Court Orde,r, Government llines, deciisions, war, 1.4.

Possession clause as per Affordable Housing Policy,2013 1 (iv) All such prc necessarily from the d, plans or clearance, t shall be r( commencen purpose of t jects shall be required to be completed within 4 years fie of opprovql of building grant of environmental vhichever is later.

This date ferred to as the "date of rent of pro iect" for the re policy.

15.

Due date of possession 2o.02.2024 lCalculated as 4 years from date of Page 6 of 20 ffiHARERA ffi GURUGRAM Complaint No.

3150 of ?024 & 3 others environme I clearance i.e., 20.08. e., 20.08.2019 as the sam is later + 6 months as per ification no.

9 /3-2020 dated completion for the projects having ate on or after 25.03.2020) Facts of the co The complainan ions in the complaint: That the collectively owns and possesses land ad imately situated at, Sector - 108, Gurugram, Harya Town and Courltry Planning Haryana, Chan vide licence bearing no.

101 of 201,7 d Limited for developing ing of multi storied residential apartments to be known as' Based on the licence, the respondent llected a huge amount from from 2021, onwards and kept gullible buyers including the complainan on promising the complainant for the elivery of possession of their .

The complainant had paid, a apartment on time as per the agreemen total amount of Rs.

21,28,625/- till Apri 2024 for the apartment.

The nstruction work at the project HARERA no 26.05.2020 B.

B, I.

II.

Total sale consideration complainant at page 26 of Rs.22,56, [as alleged complaint] Amount paid by the complainant Rs.21,28,62 [As per I replyl ;/- ger account at page 54 of Occupati on certificate Not obtain Offer of possession Not offered wqt-{ iffire respondent has not yet completed the PageT of20 16.

L7.

18.

19.

III.

C.

9. i. ii. iii. iv.

V. ffiHARERA ffi CunUGRAM site and has not offered the legitimate the complainant till date.

That as per the buyer's agreement, the the possession by 31't August, Z0Z3 as t4 of the agreement.

Now, even after a the respondent has not completed the co to offer the legitimate possession of the till date.

Relief sought by the com The complainant has sought Direcr tne resRoEffiffi Ipr$p ,..n gALand rightful possession of the apartment t"\ffi permissions and approvaBfrus Complaint No.3150 of 2024 & 3 others ossession of the apartment to pondent promised to deliver entioned in clause 7.1, at page elay of more t.han ten months struction work and has failed partment to the complainant possesslon charges at the of the apartment electricity, roads, 6bVdf Rs.

6bVdf Rs.L,o0,o 0o / - incurred :hority explained to the tions as alleged to have been f the Act to pk:ad guilfy or nor Direct the respondent to pety delaye prescribed interest per annum Direct the respondent to complete the along with all facilities ancl amenit.ies parks, club, etc. immediately, a fi receiving all the required p ermissions and appro'fu&ifrffiom etent authorities. ,ffi,"t beyond the charges qenh by the complainant.

10.

On the date of hearing, respondent/promoter about the committed in relation to section to plead guilty.

D.

Reply by the respondent: 11.

The respondent has contested the complai t on the following grounds: the au contrave 11(a) [a] Direct the ,.ffiffim:ffiqffiffiffi Page B of 20 HARERA GURUGl?AM That the complainant booked the unit/ at bearing no.

TA1-104, 1st Complaint No.

3150 ol 2024 &3 orh f 512.5 sq. ft. in the project of the affordable housing policy rgaon-122006, Haryana for a floor, tower no.

41, having a carpet area the respondent namely "KAVYAM", unde 2013, which is situated at Sector 108, G total consideration amount of Rs.

22,56, That on 30.06.2021,, the complainan Rs.

1,06,000/- as a booking amount and acknowledgement receipt for That subsequently, an all the complainant by the agreement was ex That the respon the complainan sale considerat That clause 7.1 had paid an amount e respondent had issued ted 18.07.2021. was issued ro reafter, the apartment buyer n the parties. per the payment plan and 8,625/- out of the total of an II.

IV.

V.

Th red by clause ng the of the 1.9, abl the.rpaiment-of schedule for possession of the said ap August 2023.

Ho was invoked thereby lea exemption if the delay is caused beyond the control of the res ondent, such as due to force majeure, which will be excluded from the the disruption caused during the first w lculated time period.

Due to ve of the Covid-19 outbreak, various relief measures were granted to re Real Estate industry by the pandemic, there was general State Government. overnment.

Due to the worldwide shortage of the labour and material resul ng in delay and same amount instructions were issued vide to the force majeure condition.

The poli Page 9 of 20 respondent.

VI. ffiHARERA ffi OUnUGRAM graded response action. poor/ severe catego the region is air quality.

H from 15.10.20 measures unde the flat/unit.

VIII.

That the complai most of the payment m violation of th respondent in respondent se IX.

Despite this, the respondent strived t Complaint No.

3150 of 2024 &3 oth memo dared ?8.07.2020 and 04.08.2020, real estate sector in the state of Haryana six months for making various complianc laxation was provided to the providing a moratorium of related approval of licensed colonies and CLU permission.

Further Co ncil of Minister in its meeting vide on 15.06.2021 extended the morato period from 7.04.2021 to 3 \.}S.Z\ZL. ium and considered the zero VII.

That on 12.01.201,7, the Environmen Pollution IPrevention and ital region implemented the based on the forecast and Control), Authority for the nal ca prediction has decided th put into the place for very 201,9 would tre lifted because r category in terms of the notice put further ban poor/severe category y in the construction of the payment schedule, as e agreerletnt in expl of the due dates resulted in the obligation of the rssion of the unit.

I'he .07.2021, 03.08.2021, 1,6.09.2021,, 27.09.2021,, 1,5.09.202L, 02.12.2022, 3L.08.2023 and reminder le the outstanding amounts.

74.1,2.2027, 09.t2.2022, r dated 16.10.2021 to pay That the project faced unforeseen ma fluctuations, including an unprecedented rise in construction mate al costs, which impacted the construction schedule due to the ou reak of Covid-19 pandemic keep the project on track.

Page 10 of20 sameri.through ithe 9z GR, w ffi X. xt.

XII.

RUGI?AM However, respondent inevitably led to delays in the handing over of possession to the com lainant. m lainant.

That due to the disruptions caused by was a significant impact on the supply these factors which were procurement of essential construction the Hon'ble Supreme Court, in its order ban on all construction activities within order.

These restrictions further co construction activities, thereby impacti unit.

That the project was also affected by adve bad air quality all over the NCR regi Complaint No.

3150 of 2024 & 3 others beyond the control of the completion of the project and e COVID-19 pandemic, there hain, leading to delays in the materials.

Additionally, the tional Capital Territory he writ petition Aditya ated 24.11.202L, imposed a e NCR as part of its interim tributed to the delay in the timely possession of the weather conditions due to n which caused delays in availability of labour was severely , as many workers returned to their home states during ockd s and were unable to return promptly due to travel r d Ith concerns. 'Ihese factors, er contributed to the delay over possession to the beyond the control of the t, fu in completing the complainant.

That on 30.11. [NCT) of Delhi Dubey v.

Union Civil) No.

1L35 of 2020.

The commission joining areas convened a meeting on 21.1.1 ons under Section 5 of the Environment Protection irections include stopped the those carrying essential closure of all GNCT | 26.1.1.2021.

Moreover, e Governrnent of directions pursua entry or trucks ffi,-ffi ffiffi,fu, Page 11 of20 XIII.

XIV.

XV. respondent, such as the onset of th Page L2 of 2O ERE nstruction activities.

The respondent such weather co itigate the impact of itable due to the safety concerns of th 30.12.2022, 06.01.2023, 1A.1,1,.2024, 0 3.

0 1.

2 offi collection was becoming impossible fo respondent was unable to utilize this sh hat in 2022 Commission for air quality anagement in national capital dated 29.10. ted 29.10.22 implemented ,gion and adjoining areas vide its orde actions under Stage-lll of GRAp for vere plus category of AQI in elhi NCR and revoked the order of S -lll GRAP vider its order dated mmission implemented and orders dated 04.1.2.2022, 22.12.2023, 1,4.01,.2024, .1,1,.2022, in same man posed Stage-lll of d revoked the same through revocation ord p 4.0 1.2023 , t5 .01..2023 , 28.1,1,.2023, 0 1.2.01,.2025 res Delhi NCR had to 1,2.01,.2025.

024, 05.01.2025 and e construction work in ays between 29.10.2022 That on various between the revocation of Stage-lll GRAP and Re-im nof he Stage-lll GRAP is less rhan 10 days, someti romoter to continue the .

In view of the above- als, machinery, labour, c( gh 23 Complaint No.

3150 of 2024 & 3 others k all possible measures to but the delays were ditions, labour. respondent, due to which rt span of time between the st, 2023.

However, due to GRAP period and caused stoppage in wo for almost nine months.

That the possession of the unit as per the buyer agreement, was scheduled for A reed clause in the apartment unprecedented and unforeseen circumsta ces beyond the control of the COVID-19 pandemic, rhe 24, ir,t810{2024, ffi:T:;i":ffiffil#IJffi 12.

E. furisdiction of 13.

The authority o ';l,j::.,'on'[o"w E.I Territoriat iurisdicr$] 14.

As per notification no.

Town and Coun Haryana Real E the present complaint.

E.ll Subiect-matter iurisdiction 15.

Section 11[+)(a) of the Act, 20L6 provid responsible to the allottees as per agreem reproduced as hereunder: Complaint No.3150 of 2024 & 3 others of B months, and various legal on bans due to environmental the project was unavoidably al factors necessitated the e been filed and placed on Hence, the complaint can be documents and submissions well as subject matter reasons given t for the dated 14.t2.2017 issued by the jurisdiction of rugram shall be entire t case, the project in area of Gurugram district. rial jurisdiction to deal with that the promoter shall be t for sale. for sale.

Sec:tion 11[4)[a) is government-imposed moratorium period restrictions and bans, including co and health concerns, the completion delayed.

The combined effect of these extension of the project timeline.

As a of ex ult, the delivery of possession has to be exempted from the original t meline and is reasonably be extended to March 2026.

Therefore, the p sent complaint is premature, not maintainable, and liable to ismi Copies of all the relevan ha record.

Their authenticity i pu decided on the basis made by the partiep.ii"t I ofit5/:'i:" 'l Page 13 of20 HAl?El?I GURUOI1AM question is situated within the plan HAIITRA 16.

So, in view of the provisions of the complete jurisdiction to d of obligations by the promo decided by the adjudi later stage.

F.

Fi ings on the F.I O ns rega respondent-t' of e tower in wh d ayed due to force m 1,7.

GURUGl?AM ha bu da the environm&tHolffiio lhi as *utt ,rffffiffi, Complaint No.

3150 of 2024 & 3 others Section 77.,,.. ft) The promoter shall- (a) be responsible for all obligations, respon 'bilities and functions under the provisions of this Act or the rules and made thereunder or to the allottees as per the agreement for sale, or to ossociation of allottees, as the case mqy be, till the conveyance of all the a plots or buildings, as the case may be, to the allottees, or the common a or the competent authority, as the case may be; Section 34-Functions of the Authority: s to the associtttion of allottees 3a(fl of the Act provides to ensure compliance of the obligotions cast upon the promoters, the allottees and the real estate and regulations made thereunder. ts under this Act and the rules Act q oted above, the authority has int regarding non-compliance asid compensation which is to be ed by the complainant at a ion that the construction nant is situated, has been such as orders/restrictions Control) Authority, NCT, jor sprerad of Covid-19 worldwide.

The Auth .

The Auth . :::: hhC as per clause 1[iv) of the rdable housing policy, 201,3 ion of the unit was to be ded over within a period of 4 years rom the date of approval of lding plans or grant of environment cl rance, whichever is later.

The of building plan is 06.07.2018 and te of environment clearance 20.08.2019.

The due date is calculated from the date of environment rance being later which comes out t be 20.08.2023.

Further, an ndent in vierv of notification p th 4 extension of 6 months is granted to the Page 14 of20 ffi ffi ffiHARERA ffi eunUGRAM Complaint No.

3150 of, 2024 & 3 others no.

9/3-2020 dated 26.05.2020, on account of outbrerak of Covid-l9 pandemic' Therefore, the due date of possession was 20.OZ.ZOZ4.

As far as other contentions of the respondent w.r.t delay in construction of the project is concerned, the same are disallowed as the orders passed by Authorities was for a very short period of time and thus, c:annot be saicl to impact the respondent-builder leading to such a delay in the completion.

Moreover the promoter is required to take the same into consideration while launching the project. the promoter/respondent cannot be granted any leniency on b id reasons and it is a well settled principle that a person can efit of his own wrong.

G.

Findings on the relie lainant(s): G.I Direct the res ossession charges at the prescribed in G.II Direct the development of the apartment a ities like water, electricity, G.III Direct the e legal and rightful possession of the required authorities. inant, after receiving all vals from the competent 18.

In the pres"n, .ffiffiffiffifu ;ffi:x,r,::m}}fffit3wfr 1B(1) of the Act.

Sec. "Section 78: - Return of amount and 1B(1).

If the promoter fails to complete or is opartment, plot, or building, - nable to give possession of an Provided that where an allottee does not to withdraw from the project, he shall be paid, by the promoter, for every month of delay, till the handing over of the possession, at rate as may be prescribe prescribed," (Emphasis supplied) 19.

The said project is an affordable housing roject and the Clause 1(iv) nt and reproduced below: ing delay possession the affordable housing policy ,201.3 is relev Page 15 of20 of ffiHARERA ffi eunUGRAM Complaint No.3150 of 2024 & 3 others 1(iv) All such proiects shall be required to be necessarily completed within 4 years from the date of approval of building plans or grant of environmental clearance, whichever is later.

This date shall be riyerred io o, the ,,date of commencement of project" for the purpose of the policy.,, (Emphasis supplied) 20.

Admissibility of delay possession charges at prescribed rate of interest: 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 prescr of the rules.

Rule 15 has bee Rule 75.

Prescribed sub-section (4) (1) For the purpose (7) of section 1 India highest lending rate lending rates lending to the 21.

The legislature in provision of rule 15 interest.

The rate of in been prescribed under rule 15 as under: to section 72, section 18 and el !8; and sub-sections (4) and shall be t,he State Bank of India marginal cost of ced by such benchmark x from time to time for legisl:rtion under the ined the prescribed rate of ined by the legislature, is the interest, it will Bank of India i.e., https://sbi.co.in. the marginal cost of lendi date i.e., 1,L.07.2025 is 9.too/o.

Accordi g rate (in short, MCLII) as on gly, the prescribed rate of interest will be marginal cost of lending ra +2o/o i.e., 11.70o/o.

23.

The definition of term 'interest, as defined nder section 2(za) of the Act provides that the rate of interest cha ble from the allottee by rhe to the rate of interest which reasonable and ,m$m foll ensure uniform pff[ige i 22. [ige i 22.

Consequently, rL:pArJ promoter, in case of default, shall be equa Page 16 of,20 ffiHARELA ffi oUnUGRAM defaults in payment to th€:niffiiiler tilt the date it is paid;,, 24.

Therefore, interest on the aal*X}gffi"ents from the comPlainanr shall be .'", ;-**Lj"+l] Complaint No.

3150 of 2024 & 3 others the promoter shall be liable to pay the allottee, in case of default. 'l'he relevant section is reproduced below: "(za) "interest" meons the rates of interest payable by the promoter or the allottee, as the case may be.

Explanation. -For the purpose of this clause- (i) the rote 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 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 thereo| titi the date the amount or part thereof and interest thereon is refunded, and the interest payable by the allottee to thg*p"pomoter shall be from the date the allottee charged at the prescribed mf#{ po/oby the respondent/ promorer which is the same as*i{beihgtiffiF case of delayed possession charges.

25.

On consideratio by the parties contraventions the of clause 1(ivJ of the subject sanction of 'rered witl-rin ,[ years front ' receipt of environntetntal submissions made ; the authority regarding is satisfied that of the Act.

By virtue 201,3 the possession of the date of clearance, whichever is later:.T!grefo,!e, th,e.due d.ate,of handing over possession is 20.02.2024 to be caltulated 4 years i.orn the environmental clearance i er., 20.08.2019 being later including grace period of 6 months on account of Covid-1-9.

Till date no occupation certificate has been obtained by the respondent/promoter. /promoter.

The authority is of the considered view that there is delay on the part of the respondent/promoter to offer physical possession of the subject unit and it is failure on part of the promoter to PageLT of2O ffiHARERA ffi eunUGRAM Complaint No.3150 of 2024 & 3 others fulfil its obligations and to hand over the possession within the stipulated period.

26'The Authority further finds that there has been a delay on the part of the respondent/promoter in offering possession of the allotted unit to the complainant in accordance with the terms of the buyer's agreement, This delay constitutes a failure on the part of the respondernt/promoter to fulfill their contractual obligations, including the timely delivery of possession as stipulated in the ment.

Accordingly, it is the failure of the respondent/promoter bligations and responsibilities as per the agreement to ha possession within the stipulated period.

27.

Accordingly, the ate contained in section 11(al(a) read respondent/pro on the part of the the promoter in allottee shall be paid by fi.I0ot6 p.a. for every month of delay n i.e., 20.02.2024 till the offer of possession after obtaining occupation certificate from the comli rity plus two monrths or handing e provisions of section g beyond the charges 28.

The respondent shall not charge anything not part of the builder buyer agreement.

G.V Direct the respondent to pay legal incurred by the complainant.

29.

The complainant in the aforesaid .uii.f m the complainant which is xpenses of Rs.1,00,000/- is seeking relief w.r.t in civil appeal nos.

6745- Page 18 oi20 compensation.

Hon'ble Supreme Court of India mHAR_ERA ffi eunUGRAM H.

30.

6749 of 2021 titled as M/s Newtech Promoters and Developers pvt.

Ltd.

V/s State of UP & Ors. (Decided on 11.11.2021), has helcl that an allottee is entitled to claim compensation under sections lz, 1,4,18 and section 1"9 which is to be decided by the adjudicating officer as per section 7'1. ction 7'1. and the quantum of compensation shall be adjudged by t.he adjudicating officer having due regard to the factors mentioned in sectio n 72. ,lhe adjudicating officer has exclusive jurisdiction to deal with the complaints in respect of compensation- .T.!er.rore, the complainant is advised to ^L +L ^ ^ ri- - r: - ,;1. i:r'i1[-;],".i'",, , app roach th e adj u dicati ng off c"gr;foit Directions of the Authorityi,, ;lili,i .# .".!.,. fS,ffking the relief of r:ompensation.

Hence, the authority herep-'$ directions under sectiln"3i ,r'tUlL'd,e.q,ti'"9ng,nre compIiahce of obIigations cast upon the nrgpoglr ,r,,pu,r'the'function "entrusted to the authority ,,-J^- ^^^+: ^.^ .

At T{ I under section e+fr)i' under section 3a[f): i.

The respondent is directecl [in all the above rnentioned complaints) to pay interest to the complainant against the paicl-Llp antoLrpt aL tlrc prescribed rate of 11 .!00/o p.a. for every month of delay fl-onr the clLrc rr vltt Ll, date of possession i.e., z0.oz.zoz4 tiil the offer of possession of the subject unit affi#bmrimFffi,ffireffiicate from the competent authority pru&'ffi 4eft b#Hff ffi&o$u bf possession wh i ch ever is eartier rr ffiffi&ed(1) of the Act read wirh rule 15 of the rules. ii.

The respondent is directed to pay arrears of interest accrued within 90 days from the date of this order as per rule L 6(2) of the rules and thereafter monthly payment of interest be over of possession shall be paid on or succeeding month. paid till clate of handing before ther 10th of each Complaint No.

2024 & 3 others Page 19 oi20 ffiIJAREI?A ffi oUnUGRAM Complaint No.3150 of 2024 & 3 others The rate of interest chargeable from the allottees by the promote[ in case of default shall be at the prescribed rate i.e., ll.1.0o/o by the respondent/promoter; which is the same rate of interest which the promoter shall be liable to pay to the allottee, in case of default i.e., the delayed possession charges as per section 2(za) of the Act. f the Act.

The complainant is also directed to pay the outstanding dues, if any.

V, The respondent shall not ,€ anything from the complainant, which is not the part of greement.

31.

This decision shall mutatis ply to cases mentioned in para 3 of this order.

32.

Complaints stand 33.

Files be consign Haryana Real Esta hority, Gurugram Dated: 1,1.07.2025 GURUGRAM iii. iv.

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