In a notable decision, the Haryana Real Estate Regulatory Authority (HRERA) ruled in favor of Mr. Sohan Lal Swamy in his complaint against Rajdarbar Assets Limited concerning the delayed possession of a commercial unit in the Global Foyer project, Palam Vihar, Gurugram.
The Dispute
Mr. Sohan Lal Swamy filed a complaint (Complaint Number: 2020 of 2023) with HRERA, citing the delay in possession of his commercial unit in the Global Foyer project. The developer, Rajdarbar Assets Limited, failed to deliver the unit within the stipulated timeframe, leading to a legal dispute.
Case Details
Complainant:
- Name: Mr. Sohan Lal Swamy
- Unit Number: 417 (Fourth Floor)
Respondent:
- Name: Rajdarbar Assets Limited
- Project Name: Global Foyer, Palam Vihar, Gurugram
- Project Area: 1.980 acres
- Nature of Project: Commercial Complex
- Super Area: Originally 707 sq. ft., later increased to 847.09 sq. ft.
Agreement Details:
- Date of Execution of Agreement for Sale: 18th July 2014
- Possession Clause: The developer was obligated to complete construction within 36 months from the agreement’s execution date, with a grace period of six months.
HRERA’s Final Judgment
On 22nd May 2024, HRERA issued its final order, addressing the key issues raised in the complaint:
Interest for Delayed Possession
HRERA directed Rajdarbar Assets Limited to pay interest to Mr. Sohan Lal Swamy at the prescribed rate of 10.85% per annum for every month of delay. This interest is calculated from the due date of possession (18th January 2018) until two months after the offer of possession (22nd March 2019).
Increase in Super Area
The authority quashed the demand related to the increase in super area, providing relief to the complainant.
Updated Statement of Account
Rajdarbar Assets Limited was ordered to provide an updated statement of account, adjusting for the delayed possession charges, within 15 days. The complainant, Mr. Sohan Lal Swamy, is directed to pay any outstanding dues within 30 days of receiving this updated statement.
Possession and Conveyance Deed
The respondent must hand over possession of the unit to the complainant within 30 days of payment of any outstanding dues. Additionally, the conveyance deed must be executed in favor of Mr. Sohan Lal Swamy within three months.
Importance of the Ruling
This ruling underscores the importance of adhering to construction timelines and maintaining transparency in real estate transactions. Delays in possession not only cause financial strain but also impact the trust between developers and buyers. HRERA’s decision serves as a reminder for developers to honor their commitments and for buyers to be aware of their rights under real estate regulations.
