Haryana RERA Orders Builder BPTP to Compensate Homebuyer and Pass on Super Built-Up Area Benefits

Jun 20, 2024 #BPTP, #builder accountability, #Consumer protection, #Delayed possession, #Gurugram real estate, #Haryana RERA, #homebuyer rights, #increased super built-up area benefits, #real estate compensation, #Real estate disputes, #real estate interest compensation, #real estate ruling, #RERA Regulations, #super built-up area, #Terra project

The Case

In a significant ruling, H-RERA’s bench, led by Sanjeev Kumar Arora, Member, addressed grievances raised by a homebuyer regarding BPTP’s project named Terra in Sector 37-D, Gurugram. The complainant had entered into a flat buyer’s agreement with BPTP on 07-12-2012, agreeing to a total cost of Rs. 1,29,96,541, of which Rs. 1,28,07,744 was paid upfront.

Delayed Possession and Incomplete Conditions

Despite contractual obligations to deliver possession within 42 months from the date of building plan sanction or agreement execution (07.12.2016), BPTP failed to meet the deadline.

🌟 Discover Landmark Judgements and Orders! 🌟

The builder eventually offered possession on 13.12.2021, but the premises were not habitable due to ongoing construction debris and incomplete amenities such as the non-operational club and unfinished facilities.

Compensation and Interest for Delay

Citing violations under Section 11(4)(a) of the Real Estate (Regulation and Development) Act, 2016, H-RERA mandated BPTP to compensate the homebuyer with interest for the delay. The directive included interest calculated from the due possession date (07.12.2016) until the actual possession date (13.12.2021), plus an additional two months, at an interest rate of 10.85% per annum.

Super Built-Up Area Dispute Resolution

Another contentious issue involved an unilaterally increased super built-up area from 1998 sq. ft. per the agreement to 2191 sq. ft. This adjustment inflated the flat’s cost by Rs. 21,12,571. H-RERA, referencing findings from a committee report, directed BPTP to pass on the benefits of the increased super built-up area to the homebuyer without imposing additional financial burdens.

This ruling by H-RERA underscores its commitment to safeguarding consumer rights and ensuring builder accountability in the real estate sector. The decision not only addresses specific grievances related to delayed possession and contractual breaches but also sets a precedent for fair treatment and transparency in project deliveries.