In a significant ruling dated February 13, 2026, the Haryana Real Estate Regulatory Authority (H-RERA), Gurugram, directed Elan Buildcon to pay outstanding fixed/assured returns to allottees of a commercial unit in the ‘Elan Miracle’ project located in Sector 84, Gurugram. The authority also ordered execution of the conveyance deed within three months, while permitting only limited recovery towards increased super area and maintenance charges.
Background of the Dispute
The complaint was filed by two allottees of a commercial unit in the ‘Elan Miracle’ project.
Key facts recorded in the order:
The unit was initially allotted measuring 625 sq ft (super area)
Builder-buyer agreement executed on October 3, 2019
Total sale consideration fixed at ₹70.59 lakh
Over ₹79.82 lakh paid by the complainants including taxes and adjustments
The allottees raised multiple grievances against the promoter.
Allegations by the Allottees
The complainants contended that:
The developer had committed to pay a fixed return of ₹27,938 per month (inclusive of TDS) from provisional booking until offer of possession
Fixed returns were stopped after July 2021
Super area was unilaterally increased from 625 sq ft to 672 sq ft at possession stage
Maintenance charges were levied from June 2023 despite alleged non-handover of possession
These issues were examined in detail by H-RERA under the provisions of the Real Estate (Regulation and Development) Act, 2016 and the Haryana Real Estate Rules, 2017.
No Delay in Possession Under Section 18(1)
The authority examined Clause 7 of the buyer’s agreement, which granted 48 months for possession from execution date, along with a 12-month grace period. Accordingly, the due date of possession (including grace) was October 3, 2024.
Since the occupation certificate (OC) was obtained on March 15, 2023 and possession was offered on March 22, 2023, H-RERA held that there was no delay attributable to the promoter.
Therefore, the authority ruled that no compensation under Section 18(1) of the Act for delayed possession was payable.
However, it directed the promoter to:
Hand over possession strictly in terms of the agreement dated October 3, 2019
Execute the conveyance deed within three months
Complete the process subject to payment of stamp duty and registration charges by the allottees
Assured Returns Held Enforceable
On the issue of assured returns, the authority examined the “Terms and Conditions for Fixed Amount on Provisional Booking” dated October 4, 2018.
H-RERA held that this letter qualified as an agreement for sale under Section 2(c) of the Act and formed part of the contractual arrangement between the parties.
The authority noted that the promoter had agreed to pay ₹27,938 per month (inclusive of TDS) from October 1, 2018 until issuance of offer of possession.
As possession for fit-outs was offered on July 9, 2021, H-RERA directed the developer to:
Pay fixed returns from October 1, 2018 till July 9, 2021
Adjust any amount already paid
Clear outstanding assured returns within 90 days
Failure to comply would attract interest at 8.80% per annum until realisation.
This reinforces the enforceability of assured return schemes when contractually committed.
Super Area Increase Restricted to 5% Limit
The authority also examined the increase in super area from 625 sq ft to 672 sq ft — an increase of 47 sq ft (approximately 7.52%).
Referring to the Haryana Real Estate (Regulation and Development) Rules, 2017, which permit a maximum variation of 5%, H-RERA held that:
The promoter can charge only for area increase within the permissible 5% limit
Any amount recovered beyond 5% must be refunded or adjusted
This clarification protects buyers from arbitrary and excessive area escalations.
Maintenance Charges: Payable Only from Offer of Possession
Regarding maintenance charges, H-RERA noted that:
OC was obtained on March 15, 2023
Possession was offered on March 22, 2023
The authority ruled that maintenance charges can be levied only from the date of offer of possession, i.e., March 22, 2023.
Any recovery for a prior period must be adjusted or refunded.
Key Legal Takeaways
No delay compensation if possession is offered within agreed timeline including grace period
Assured returns are enforceable if contractually committed
Super area increase cannot exceed 5% under Haryana RERA Rules
Maintenance charges can be levied only after offer of possession
Execution of conveyance deed cannot be indefinitely delayed
Impact on Commercial Real Estate in Gurugram
This ruling strengthens regulatory oversight in commercial real estate projects in Gurugram. It strikes a balance by:
Protecting allottees’ rights regarding assured returns
Preventing excessive area escalation
Allowing legitimate recovery within statutory limits
Ensuring timely execution of conveyance deeds
The order sends a clear message that developers must strictly adhere to contractual commitments and statutory rules.
