In a significant ruling, the Haryana Real Estate Regulatory Authority (H-RERA), Gurugram, has directed Pareena Infrastructures Private Limited to hand over possession of a unit to a homebuyer who has been waiting for over four years. The order, pronounced on November 8, mandates the developer to deliver the unit within 30 days.
Relief for Delayed Possession
The homebuyer, Tarakeswar Das, had booked a unit in the Micasa group housing project located in Sector 68, Gurugram, back in 2016. The promised possession date was October 2020. However, despite the project obtaining an occupancy certificate, the possession was not offered. Das filed a complaint in December 2023, citing the developer’s failure to meet its obligations as per the buyer’s agreement.
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H-RERA acknowledged the delay in possession as a breach of agreement and directed Pareena Infrastructure to:
- Hand Over Possession: Deliver the unit within 30 days from the order date.
- Pay Delayed Possession Charges (DPC): Provide compensation at an annual interest rate of 11.10% for every month of delay, starting from the due possession date (October 26, 2020) until possession is validly offered.
Execution of Conveyance Deed
In addition to delivering the unit, Pareena Infrastructure must execute the conveyance deed in favor of the homebuyer within 90 days of settling any pending dues. The authority emphasized that this step is crucial for transferring ownership rights to the buyer, ensuring transparency and compliance.
Promoter’s Failure Highlighted
Arun Kumar, Chairman of H-RERA, highlighted that the promoter’s inability to hand over possession within the stipulated time frame violated the terms of the agreement. The failure to meet contractual obligations caused undue hardship to the homebuyer, necessitating regulatory intervention.
Developer Silent on the Matter
Despite repeated attempts for comment, Pareena Infrastructure executives remained unavailable.
Legal Precedent for Homebuyers
This order reinforces the accountability of real estate developers under Section 18(1) of the Real Estate (Regulation and Development) Act, 2016, which protects homebuyers from undue delays. By mandating timely possession and DPC compensation, H-RERA aims to safeguard buyer interests and promote fairness in the real estate sector.
