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The Haryana Real Estate Regulatory Authority (HRera) has directed Burman Estate Pvt Ltd to pay delay possession interest at 10.80 % per annum to two homebuyers after failing to hand over a serviced apartment in the Gurgaon Spectrum Centre project by the original March 15, 2021 deadline. Although the occupation certificate was issued in late 2024, possession had not been offered. HRera rejected the builder's plea for a second COVID-19 extension, citing that statutory relief had already been availed. Buyers had paid more than the sale consideration and sought multiple reliefs under RERA.
The Haryana Real Estate Regulatory Authority (HRera) has passed an order against Burman Estate Pvt Ltd, directing the developer to pay delay possession charges to two allottees of a serviced apartment in Sector 82A's Gurgaon Spectrum Centre project. The complainants, Nidhi and Deepak Aggarwal, approached HRera alleging that possession was not delivered within the agreed timeline, even though the occupation certificate (OC) had been issued. The authority held that the developer failed to fulfil its contractual obligation. Advertisement
The allotment letter for apartment number 911 on the 9th floor, measuring 663 sq ft, was issued in November 2015, and the builder-buyer agreement was executed in December 2016. The total sale consideration of the unit stood at INR 64.8 lakh, but the allottees had already paid INR 67.4 lakh, including excess GST. The developer had promised possession within 45 months from the agreement, with an additional 180 day grace period.
HRera observed that although the occupation certificate was granted in November 2024, the complainants had not been offered possession until the time of the hearing. The regulator directed the developer to pay delay possession interest at 10.80% per annum from March 15, 2021, till the possession is handed over or two months after the OC issuance, whichever is earlier. The order, passed in mid-February, was uploaded on HRera's website recently.
In its defence, the developer argued that delays were caused by factors beyond its control, including restrictions imposed by the National Green Tribunal in the NCR region, weather-related disruptions, and COVID-19 lockdowns. Burman Estate also stated that its OC application was returned due to a company name change following a high court ruling and internal policy decisions.
HRera noted that the developer had already availed the six-month COVID-19 extension granted under its 2020 notification. Requesting a second extension for similar reasons was deemed unjustified, and the original possession due date of March 15, 2021, remained valid. The authority also highlighted that buyers had sought multiple reliefs, including correction of accounts, refund of excess GST, execution of the conveyance deed, and directions related to maintenance and rental pool arrangements.
This order aligns with a broader trend in Haryana, where the regulator consistently enforces statutory rights of homebuyers in delayed possession cases, ensuring developers adhere to contractual commitments and cannot rely on repeated external excuses beyond statutory provisions.
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