In a bid to protect homebuyers, the Haryana Real Estate Regulatory Authority (H-RERA) has directed four prominent developers—Raheja Developers, Ramprastha Developers, Tashi Land Developers, and Sunrays Heights—to deliver pending flats to buyers within the next 90 days. Additionally, the developers are mandated to compensate affected buyers with an 11% annual interest on the amounts they invested. Non-compliance could lead to further legal action, according to the regulator.
Details of the Delay Cases and Orders
H-RERA’s investigation revealed significant delays in project deliveries, with buyers paying amounts ranging from ₹13 lakh to ₹1 crore for apartments they had yet to receive. The regulator noted that these delays exceed the contractual timelines set by the developers.
- Raheja Developers: This developer has been unable to deliver a ₹74 lakh flat in the Shilas project located in Sector 109, Gurugram. The property was purchased by Delhi-based residents in 2010, making it over a decade past due.
- Ramprastha Developers: Facing issues in Sector 37D, Gurugram, Ramprastha has delayed possession of a ₹1 crore flat in the Primera Society, initially booked by a buyer in 2013.
- Tashi Land Developers: In Sector 111, Gurugram, Tashi Land has yet to deliver a ₹76 lakh flat booked in the Capital Gateway project in 2015, leaving buyers without possession nearly nine years later.
- Sunrays Heights: Located in Sector 63A, the 63 Golf Heights project by Sunrays Heights was scheduled for possession in 2021. To date, buyers are still awaiting the handover of their flats.
Buyer Compensation and Developer Penalties
H-RERA’s directive for a compensation of 11% interest per year on invested amounts seeks to ease the financial strain that buyers have faced due to these delays. Ashish Deep Verma, managing partner at Vidhisastras, Advocates & Solicitors, emphasized the importance of expeditious execution of RERA orders, noting that delays in enforcing these rulings compromise the effectiveness of the RERA Act and add undue hardship for consumers.
Legal Recourse and Developer Appeals
While developers have the option to appeal H-RERA’s decision at the RERA Appellate Tribunal, they must first deposit the fines levied on them. This legal route could delay relief for buyers, but as Yatharth Rohila, advocate at Aeddhaas Legal LLP, points out, it nonetheless provides buyers with rightful compensation, even though enforcement may result in partial settlements.
Challenges in Enforcing RERA Orders
A key challenge in enforcing RERA orders lies in its quasi-judicial powers. Unlike a civil court established under the Civil Procedure Code, RERA lacks the authority to issue arrest warrants and impose stricter measures. Christopher Manoharan, Partner at Cornerstone Law, explains that in cases where developers fail to comply, buyers have limited recourse. They can either seek property attachment or request a recovery certificate from the concerned District Collector, who then directs the Tahsildar to recover the specified amount from the builder as arrears of land revenue.
🌟 Discover Landmark Judgements and Orders! 🌟
Conclusion
H-RERA’s stringent directives are a step toward greater accountability in Haryana’s real estate sector, signaling a push for developers to adhere to contractual timelines and regulatory standards. For homebuyers, this recent ruling represents a positive move in their pursuit of justice, though enforcement challenges remain a significant barrier to achieving full compliance.