Delay Of More Than Nine Years, Haryana RERA Directs Builders Of Capital Gateway Project To Pay Interest & Handover Possession To Homebuyer

Homebuyer approached the authority after builders failed to provide the possession even after the delay of more than 9 Years. The promoters of project are KNS Infracon and Tashee Land Developers.

Background Facts

Homebuyer (Complainant) purchased a flat in the builders' (Respondents) project named Capital Gateway, Located at Sector 111, Gurugram. The basic sale consideration of the flat was Rs. 53,73,000.

On 25^th June 2013, the builder buyer agreement (Agreement for sale) was executed between the parties as per which the builders were supposed to handover the possession of flat within 36 Months from the date of sanction of building plan.

The builders received the sanction for the building plans on 7^th June 2012 and were expected to handover the possession of the flat by 7^th December 2015.

Homebuyer made the payment of Rs. 62,79,109 in total to the builders. Despite this, builders failed to handover the possession of the flat to homebuyer as per terms of contract.

Being aggrieved by the delay of more than 9 years, Homebuyer filed complaint before the authority seeking possession and monthly interest for delay.

Contentions of Builders

Builders contended that project was delayed due to delay in obtaining the environment clearance, which was caused due to sudden demise of the Chairman of Environmental Impact Assessment (EIA) committee.

Builders also contended that the project was delayed due to reasons beyond their control. They argued that factors such as the economic meltdown, financial crisis, delays in obtaining approvals from government authorities, a slowdown in the real estate sector, rising construction costs and defaults by homebuyers in making timely payments caused the delay.

Observation and Direction by Authority

The authority referred Clause 2.1 of the flat's buyer's agreement as per which the builders were supposed to hand over possession of the flat within 36 months from the date of the sanction of the building plans. Since the building plans were approved on 7^th June, 2012, the due date for possession of the flat was 7^th June, 2015.

Authority allowed builders to avail the benefit of grace period of 180 days mentioned in the agreement and determined the revised due date for possession as 7^th December 2015.

Authority held that builders violated section 11(4)(a) of the RERA, 2016, as per which promoter is responsible for fulfilling all obligations under the agreement for sale as well as those prescribed by the Act, rules and regulations, until the conveyance of the property.

Therefore, Authority directed builders to pay interest to the homebuyer against the paid up amount at 11.10% p.a for every month of delay from the due date of possession (7^th December 2015) till offer of possession plus 2 months or actual handing over of possession, whichever is earlier.

Authority further directed the builders to pay the arrears of such interest accrued from due date of possession till the date of the order within 90 days and the interest for each subsequent month of delay must be paid before the 10th day of the following month.

Authority also directed builders to handover possession and not charge anything from homebuyer which is not part of agreement.

Additionally, the Authority directed the homebuyer to clear any outstanding dues to the builders after adjustment of delay possession charges within a period of 60 days. It also directed that interest for delay will be charged at the same rate (11.10%) that the builders are paying as interest for delayed possession.

Case – Hardeep Kumar & anr Versus KNS Infracon Pvt Ltd & anr

Citation – Complaint No. 1176 of 2023

Date – 19.03.2025