*HARERA ConplarntNo,2324of 2024

db- aTRUGRAI,a
BEFORE THE HAR NA REAL ESTATE REGULATORY
ATI ORITY, GURUGRAM

2324 of 2024
23.04.2025

2. Sandeep Lakra
Both R/o: ' House no-44 /D,
Near shuwala l alab,
Shi
N{Lrndaka West I)elhi, Del i11

M/s. Deluris Build

I
Regd. office: D-64, 24.
-l<
CORAM: b9
ShriAshok Sangwan
!x*69
APPEARANCEI

Sure Dutt Kaushik Complainants

Ankur 8erry Respondent

ORDER

l. The present complalnt darcd 2A.05.2024 has been nled bY the

complamants/allottees u er section 31 of the Real Estate (Regulation

and Developmentl Act, 20 6 lin short, the Act) read with rule 28 of the
H.ryanJ Real Estate IReg ation and Developmeno Rules,2017 (in short,
 *HAUIA
$-Cunuonntr
!"*h-,,,",,,,."r,," L
Complaint No. 2324of 2024

rhe Rules) for v ioladon ofsefion r I (41(a) olthe Acl wherein i! isineerolro
prescribed that Lhe promqter shall be responsible lor all obllgations,
responsibilities and functlofs as provided under the proi'lslon of the Act
or the Rules and regulatiois made there under or to the allottees as per
the agreement for sale exe.f,"o ,rr",
"r.
Unlt and proiect related +tails
2 The particulars ofthe project, the details ofsale consideration, the amount
paid by the complainan! date of proposed handing over the possession
and delayperiod, iiany, have beenidetailPd in the following tabular fo rm:

S.No.

I
VLlLage.Bajghera, sccror'1 12,

Affordableerouphous ng

Vide resistration no.294 of2017

Dared 23.08.2017

5 License no.07 of2016 Dated'

01,03,2018
(Ai on page no. 22 of complaint)

06,

645.57sq.ft.
 T HARERA
l-atnuonm,l
f;,fi,.",,ffi. I
12.05.2018
(As on page no, 23 of conPlaint)

tit r6.10.2011

lAs per the details availableon the

lNote: Vide proceedings dated

02.04.2025, the same had been
inadvertendy mention€d as
rr 112016 the same st nds
. coreded as above oentionedl

11 30,11.2017

[As on pase no 25 ofcomPlaino

12

k,26,32,240 /-

tu
(grEg
{Aso. pase no.33 ofcomplalno

Rs.21 ,77 ,054 /-

LI

15

79.O5.2024
(As on paee no 34orreplY)

B. Facts of the codplaint:

3. The complainants have m e the following submissions in the complaint:

L That respondent throu rits marketing execurives and advenisemen

through various mediu approached the complainants with an offer n

3/
fffFiAl(tl(A
$-ealRtrcRAtv
f;;"'Naod.LrLnr , ,,,,r.,r
N. 2i24.f 2024
'l
l

uy an apartment
bu) in the project "zara Rossa" situated in village
ajghera, Sector-112, Gurugram.
Baj

ll. Th{
h€.espondent represented that the.espondent shall deliver the
ossession ofthe apartmentwithin4S months from the dateoiapproval
po:
oll
I bu,lding plans or;rant ol environment clearance. The respondent
lso that all the necessary sa.chons and approvals have already been
btarned fron the concerned government authorjlies.
III. Thr
hat, relying upon the assurances ofthe respondent, the complainants
ooked an apartment and deposited an amount of Rs.1,31,700/ . The
raw
dra oflots was conducted on 23.02.2018 and the complainants were
llotted an apa.tmen':no.6, on Cround Floorin Tower-1, having carpet
alk
rea of645.57 sq. ft..]nd balconyarea of 100 sq. ft. along with one two

,rhe.lcr parking space in the project at the total sale price of

Rs.
',s.26,32,240 /-.
'hc respondent issued an allotment letter on 01.03.2028, whe.eby
IV. Th,
llotting the said unit in favour of the complainants. Thereafter, an
allr

€reement for Sale was executed between the respondents and the
Ag
onrplainants on 14.t'5.2018.
'hat the complainanls have made
v. Th all the payrnents againstthe demands

aised by the respondent and as on the date ol flling of the present

rai
omplain! th e complainants have paid an amo unt of Rs-27 ,7 7 ,O54 / .

'hat the complainants never received aDy satislactory reply from the
VI. Th
espondent regardirg the conrpletion or the pro)ect as well as tor
:ompeDsation to tbe complainants by paying delayed possession

:harges on account
chi rl delayed possession. As per clause - 71 oi the
\greement, the respondent was under legal obligation to handover the
Ag

)ossession ol the unit by

po N ovcmber, 2 0 2I but ihe respondent miserably
 *HARER L."-,,,t",*.",. I a.m.l, nt No 2324 of2024

S-eun,enmr
failed to handover the possession olthe unit wellwithin stipulated tinre
I

IL That the respondent has issued a lefter to the complainants and lorced

the complainants to deposit an amount of Rs.1,10,040/' plus 18% GST

lor electricity co n ned ion charges. The respo ndent issued another letter

to thc complainants and fbrced thenr to dePosit an amount of

Rs.1,45,122l- plus 18% GST for electricity connect,on charges.
ll. Thatthe respondent had also issued another letter to the complainants

and iorced thenr to deposit an amount of Rs.1,03,958/_ plus 180/o CST

for electricity connection charges. However, as per the sales circular of
DHVBNL lor new eleclri.ity connections total costs of electric

connection charges may be R5 6000/- to Rs7000/- onlv including

lX. That the respo.dent has charged the GST @ 8% on the payments nlade

by the complainants to the respondent on or before 31.03.2019 and

after 31.03.2019 @ l% bn the payments made by the complainants.
Ilowever, the responddnr has intentionally and deliberatelv not
relunded 7% GST anrount that was charged on the pavments made by
the complainants in lieu to their unit on or before 31.03.2019
X. That the cause of a{lion accrued in favour of the complainants and
agajnst the respondent, when the complainants booked the unit and it
further arose lvhen the respondent failed/ncglected to pay the delav
possession charges to the complainants. The cause of action is
, onlrlurng and r. sul,'nnng on drv_to dry ba{r<
c. Reliefsousht by the comPlainants:

4. The complainants have sou8ht following reliei(s):

 ttHARERA
S-i GURUGRAIV
t=.pr
Complarnt No. 2324 of 2024

i. rirect the respondenl to the respo.dentto p ay the delayed possession

Dil

ch
harges till offer of possession ol the unit alorl g-with prevailing interest.

ii. Dirirect the respondent to not recover the ex tra charges for electricity
onnection which is menlioned in aioresaid para no. (xiii & xiv) of ihe
omplaint and the high charges oi electric ity connecnon as in th€
emand letter may kindlybe cancelled.
iii. Direct the respondent to pay Rs.50,000/_ as litiEation expenses
D. Rep plybyr€sponden! ,.i ' l

5. The respondent by way olwritten reply made following submissions

l. That at the very outsrt it is subrnitted thatthe present complaint is not

maintainable or tenable in the eyes of law l'he complainants have
misdirected themsehes in illing the above captioned complaint belore
this Authortyas the subject matterofthe claim does not aallwithin the

iurisdiction of this ALthority.

II 'l'hatthe presen t complaint has been filedagainst theAffordable Croup
Housing projecl namely, Zara Rossa, situated in the revenue estate of
Village Bajghera, Sedor-112, Gurugram, tlaryana. That the building
plans were approv,rd on 17.06.2077. Fu.ther the Environmental
Clearance lorconstrlrction ofthe projectwas rece,ved on 30.112017'
Irr 'r'hat rhe draw of Iot was conducted on 23.02.2018 and the
complarnants' were dul+ allotted apanment no. 6 on Ground Floor'
Tower-1, havrne.arpet drea b45 57 sq. fi and balcony area of 100 sq.ft
vide allotment lefter Jated 0r'03.201S. Furth€r ilt terms of the
Aparrment Buyer's Aeretmenr, the totalsale considemtion forthe said
unir was aqreed at Rs.16.32.280/- plus GST(as per Clause l.20ii))
ctrarges ror water, gas afd other utilities, cess, duties, etq
 fff4Rll?A T;**.*".,. ]
P*GURUGRAM
complarn( N.. 2124 of 2024

I V. That further as p.r Explanation (ji)ofthe Clause 1.2 ofthe

Agreement,

the allottee was liable to make the payment in cas€ ol any

change/modifi cation in the tdes/charges/fees/levies/etc, Further as

per Explanation (iv) ol the Clause 1.2 of the Agreement, charges (ibr
connection and usagel of urater, gas and other utilities were to be
com unicated at the time ofolier ofpossession, as the same could not

have been quantified at ea.lier stage. Further though the total sale
consideration was es.alation free but enhancements due to taxes, levies,
cess, duties, charges including development charges, etc, collected bv

competent authority were relerred as additional charges and allottees

ivere liable [to the]r pfoportionate share) to pav. It is extremelv
pertinent to Dote ':hat as per Clause 10 and Clause 10.10, the
complainants'are)iableforelcctricityconDection and usagechargcs
V. That the construction ofthe tower ir which the unitolthe complainants'
is situated, has been del+yed due to force maieure circumstances such

as Covid-19. The AuthDrlty vide notiflcation no 9/3_2020 dated

26 05.2020 have provided an extension ol6 nronths for proiects hav'ng

.onpl, Lon ddr. on or "llet 15.02.2020 on a,counl of force mdlc rre

condition due to the outbreak of Covid_19 pandemic.

Vl. That the respondentwas committed to complete the development otthe
proiect. l'hat the c.evclopmental work ol the project was slighdv
decelerated due to :he reasotrs beyond the control of the respondent
due to the impact ol Good and Services Act, 2017 [hereinafter referred

to as GST'I wh ich came iDto lorce after the eflect o f demo netisation in

last quarter oi 2016 whi.h irdv.Eely alte'red various indust al'

conslruction, business area even in 2019' The respondent had to
 *HARERAT*^------\--;;nt Compld nt No 2124 of2024

* G"R-G?A[4
unde.go huge obstacle due to effect of demonetizat,on and
implementation of the CST.
VI L That further the National GreeD Tribunals have regularly inposed ban
and restrictions on consffuction activities. Due to theabove unfo.eseen

circumstances and causes beyond the control of the respondent, the

development ofthe project came to stand'still. The details of the ban on
construction activities vlde various directions of the National Green
Tribunals o. the Stalutory Authorities etc. are highl,ghted in the table

sr.No. couRrs, lrrni

TI'ILE DURATIONOF
IDUMTtoNoF
auTHoRrTrts rrc. / I
ESETC,/
"o*
IDER I

1 08.11.2016

/0u 112016 76.7)..2016 [3

10112016

09.11.2017-Ban

14.12.2077 -
!14 tZ 2417 04.0t2014(22

74,06,2074 -
DPCCI, t7,06,2014 {3
daysl

Delhi /14.06.201b
 HARERA ComplaintNo. 2324of 2024

u GURUGRAIV
5 Hxy-" state PdlrlM i 01.11.2018-
l2.tt,20ta
(11dars)

Hon'bleSupremeCourt/ 24.12.201a -
26.12.2018 (3 day,

26.L0.20t9 -
3010.2019 [5days)

01.11.2019-
05.11.2019(5day'

04.11.2019
14.02.2020 (3

13029/19B5

Vlll. That as per the Iable nrown hereinabove, the delay caused du. to
unfo.eseen circumstances, ought to be considered and calculated'
before ileterminatiolL of rhe date of completion oi building Thst alter
conside.ing the above delay, the date oicompletion ofbuilding has to
be extended by approximately 5 months, 11davs.

lX. Irurther the possession of the unit was to be delive'ed within 4 year
from obtaining appft,val or building plan s or environmental clearance '
whi.h ever was later. That the environmental clearan€e was obtained
*HARIBA Cnmph'nrNo Zl24 of2024

!t eunuemtr,t
)ear' would have ended on 30.1 1.2021
on 30.11.2017. the penod ol 4

the same being covered within the Notification no. 9/3-2020 dated
26.05.2020, making the due date ofpossession to be cxtended 6 months

tcovid 19) and 5 months ll days lenvironmental restriction, tlrus

making the due date to be 11.11.2022. Further, the respondent duly
applied ior occupation certificate on 25.112022 and again on

13.07 2023, ho\rever the same was granted on 14.05.2024.

x. That lhe rssuance of Occuprlroo Certificatc is dcpendent on DHBVN
clearance. That durns the pendencv of the project, the DHBVN
amended its policy aid thus a 33XV Switching siation or 33 KV cable

line were due to bc installed at the project site for procuring the
0ccupation Certificate. The respondent immediately issued emailto all
its allottees, (admilt3d by the complainants' on Annexure C-6)' The
email dated 09.11.2023, shows the bonande of the respondent in
conrpleting the proj,:ct. That instead of choositrg which option {as
acceptable.rnd makilg good lhe demands as r.)ised, the complainants'
accused the Promoter of raising illegal charses' (Email dated
20.11.2023 annexed as Annexur€ C-9 with the complaintl' That even
though the respond€nt ran behind the allottees yet delay tactics olnon'
paynrent ofgovernmental char8es {emaildatcd 27 11'20231 resulted in
undue delay rn rece,pl oioccupation certificate' Th us resultant delay by
the nllottees, including the complainant, resulted in delay ofanother 30
days in receipt oithe occupation certificate in nrakingduc da(e
'esulting
olpossessioo to bc
XL That as per thc Apar:ment B uyer's Agreeme nt, the co mplainants hadto

make timely payments ofthe instalments as per the pavment schedule

 *HARERA complaint No. 2324of 2024

S- c,Lrnuenntul
plan. Thus the allotment being on 01.03.2018 the Payments schedule
show (Annexure B, Payment Planl havebeen as
oia*" - Vn*"lPov,-t
t
lltsdotsftonothtn
01 09.2018 6 nonths fon ollotnent al 1a.2418

101.03.2019
12 nonrh\lronollot ent

)B anrhston ollohent

01n12n2a t
14nmth<IrcntthmE
'nne)an n onrhs hon ottolna n
1103.2021

xt t. That the complainrnts' wcre consistently late in making all due

payments and thus there is a total delay of 70 days in making of the
due payments as pei the terms of the agreement' Thus' the
complainants haveiailedtocomplywiththeternNandconditionsand
have neither paid the timely instalments as per the
payment schedule

plan
xlll. 'lhat the conrplainants'hnve made a vague submission in Para [x) oi
clairing that the c:use ofaction a'crued in favour olthe
the complarnt
complainants and against the respoDd€nt, when the complainants
possession
booked the said unit and again upon non payment ofdelay
charges. However, the complainanis'failed to show
that the isme of
respondent
non'payment ivas ( ver raised by the co mplainaDts' aDd the
failed to comply ':o the same. That the complaint is frivolous'
ill

motivat€d and wi:h malicious intent and is not maintainable

lt is
further submitted that the complainants' hnv' very strategically and
 HARERA Compl,rnr No. 2324ot2024
E GURUGRA[/
deceitfully filed the present complaint. Thus, on this ground alone the
complaint is liable tD be dismissed and the complainants'should be
penalised in order to establish precedent to avoid any mal'cious
lrtigation in the lirture ot sim jldr nature.

XlV. 'l'hat the complainants' have filed the present just to harass the
respondent and to gain the unjust enrichment. It ,s pertinent to
meDtion here that fcr the far adludication olgrievaDce as alleged by
complainants'requnes detailed deliberation by leading the evidence
:nd cross examination, thus o+ly the Civil Court has iurisdiction to
deal with the cases required 4etailed evidence for proper and fair
adiudicntion
XV. That the conrplainants' nre gujlty oi placing untrue iacts .tnd
attempting to hid,. the true colour ot the intention of the
auottces/complainalts'. Even though the complainants' themselves
delayed all the payme.t and were aware of the Covid_19 outbreak
which resulted in s:oppage of complete construction activities, and
further the complaindnts' by delaying the DHBVN approvals,

themselves caused t1e delay in obtaining ofthe Occupation Certificate,

yet the present co.rplalnt has been drawn up and filed belore the

6. Copies ofallthe relevant documents have been filed and placed onrecord.

'lheir .uthenticity is not in dispute. Hence, the complaint can be decided

on thebasis ofthese undispuled docunrentsand subnrission made bv the

[. Jurisdiction oftte authorityr

 fiHARERA Compla nr No.ll24of 2024
{!- cLnuennu
7. The Aud'oriiy obserues thaf ir has territorial as well subiect matter

. adrudrcare tle present complaint for

:::.:*,
Territorial jurisdiction

8 As per notification no.1/92/2017 ITCP dated 14.12.2017 issued byTown

and Country Planning Depart,nent, the iurisdiction of Real Estale
Regulatory Authority, Grrugnrnr shall be entire Curugram District tbr 'rU
purpose with olfices sitLated in Gurugram.ln the present case, the project
in question is snuated within the planning area of Gurugram district'
'lherelbre, this authoritl/ has com plete terntorial iurisiliction to dealwith
the present comPlaint

E. u Subiect ma$eriurisdi.tion

9. Sectron 11(a)(a) of the Act, 2016 provides that the promoter shall be
responsible to the allottee per agreement for sale' Sect'on 11(41(al is
?s
reproduced as hereund,:r:

seetionll(4)(d)
np alt obttoo al\ te'ron blins ond hr tnn: un'l?' tht
t. o"n\bn t,
-, --^ r,t," t"t...l -,t1. a d t ot"qutot na' n"d" I aa etadPt ot ro t I "
bLtuo\ta "nonatattoacP o'Ih?
otlnk. a, o t'.otlt.n.\tlo"Jle
.-." nol ie ut,,,i-.n,eyot.- ot ott t\eapotune.t. plot,arbu'kti4st.a'
th. cos; nov be tothe oilaxee, orthe @nnoh orcas to the a$ocioian ol
ollotae ot tie cohpetznt drtho ry, os the mse nov be)

10. So, in view of the provisio{s of th€ Act quoted above, the Authority has

complete turisdictron to di(rde the.omplaint recdrding non-compliance

or oblisdhons by the prom{ter leavingaside compensatlon which is to be

f
 ffHAREIA Compl.rnt No ll24of 2024

{!- eunuoneu
decided by the adiudicating offrccr il puGued hy the complarnants at.1

F. Findings on ob,ections raised by th€ respondent

F.l Obiection regarding delay due to force maieure circumstances
i1 Ihe respondent_promoter has raised a conteDtion ihat the construction of
the project lvas delayed due to force maieure conditions such as various

orders passed by the l.lational Green Trlbunal. Environment Pollution

(Preventron & Controll Authority, Delhi Pollution Control

Committee(DPCCl, llar)'ana St.]!e Pollution Control Board/Environment

I'olllutioD [prevention & control Authoritv)_EPCA, 3 days construction

ban in D.lhi/NCR imposed by the Hon'ble SupremeCourl, due to outbre:k

of Covid - 19 pan.lemic s ince there were circumstances beyond the control

of responde n! so taking intq consideration the above lnentioned iacts' the

rcspondentbe allowed the ieriod during which his construct'on activities

came to stand still, and the said perlod be excluded while calculating
nre

due date. ln the prestnt case, the allotment letter was issued bv the

respondent to the complainants on 01'03 2018' Ihe'Agreement For Sale'

was exccuted bctween :he parties on 12 05'201B As perclaus€ 1(iv)

olthe
prolect
Affordable Housing policy, 2013, thc due date ior completion oi

was 4 years f.om th€ date of approval of building plans or

grant of

Environmental Clearance, whichever is later. Th' buildingplans approvals

were obtained from the concerned authorities on 16'10'2017 and

the

Environmental Clearance has been obtained on 30 11'2017 The due dale

*u\RERA Compla'or No. 2l24of 2024

@- GTRUGRAI/
in terms of Clause 1 (iv ) of the Aliordable housiDg Policv, 2013 , is
calculated 4 years fi-om the date of Environmental Clearance, being late',

comes out to be 30.11.21)21. The Authority vlde notification no.9/3-2020

dated 26.05.2020 have provided an extensioD of 6 months for projects

having completion datc on or after 25.02.2020 on account of force_

majeure co.dition due to the outbreak oi Covid 19 pandemic''lhe

respondent is seeking the benefitolcovid-19, and in lieu ofthe notification

ofthe Authority dated 2,i.05.2020, the benefit olthe sanle is granted to the

respondent. Thus, the duc date com€s out to be 30.05.2022i-e,30.11.2421

D,L. b nronrhs sra, e Deriod on ar.ounr ofCovrd-lc. lle respondenr hJ\e

submilted that due to various orders of the Authorities and court, the
(hrt
construction activities canre to standstill. Thc Autboritv obseNes

though there have been various o.ders issued to cu'b the environm'Dt

pollution, but these $/ere for a short period of time' The event of
rlpnronetization lvas in accordance with government policy and

guidelines. Therefore, lhe Authority is ol the vlew that the outbre:rk of

demonetization cannol be used as an excuse for non_performance of a

contract. In the instant complaint, the due date ol handing over ol

possession comes out lo be 30 05.2022 and Srace pcriod of 6 months on

account offo.ce majeure has already been granted in this regard and
drus'

no period over and above grace period of 6 months can be given to the

respondent-builder. ThLrs, the promoter/ respo ndent can not be given any

rno.e lenieDcy based ol the atoresaid reasons.

 *HARER.
S- cLrnirennvr
c. Findings on the reliefsought by the complainants

G.l Direct the respondent to pay inter€st on the delayed possession

from the due date ofpossession till the offer ot possession ofthe
untt along with prevailing interest as P€r the RERA Act
14. In the present complaint, the complainants booked a unjt in the project
ol the respo Dden t namery "Zara Rossa" situated at Secior'l 12, Village'
tsaishera, Gurugram. ]'he allotment was made iD favour of the

complainants on 01.03.201U and thereafter, the Agreement For Sale

was executed between the complainants and the respondent on
12.05.2018. As per Clauje 1ovJ ofthe Affordable Housing Policv, 2013,
thc respondent had to hand over possession ot the unit to dre

complainants within a period of 4 years lrom the date ol sanction of

Buildins plans or grant oi EDvironmental Clearance, whichever is later
The due date is calculited 4 vears fiom the date ol Environmental
Clcarance being later. ,\lso, a p.rjod of six months in granted to thc
respon.lent m lieu olth,r noiiticntion ofthe Authority dated 26'05'2020
d,,p to the Covid 19 ou':break. Thus, the du€ date ol possession comes
out to be 30.05.2022.
15. The complainanis interd to contnrue with the project and are seeking
possessron and delay possessron chrrges along with interest on the
amount paid. Proviso t5 seFtion 19 provides that where an allottee docs
not intendto withdraw from the proiect, he shall be paid, by the promoter'
interest tor every month of del.ry, till the h:nding over ol possession' at
such rate as may be prescribed and it has been prescribed under rule
15

"Section ,A: . Rltun ol omount an.l @dPdsnoh

10(1).f the pronotet Joih to conptete ar is unobte to sive
possession alonxpoAnent, Plat, ot bundinq,
-
 HARERA CompLa nr No 232ao12024

& GURUGRA[/
Provided thot whene ah oltottee does not intend to @irhdraw ltun
the praject, he shoh be Wid, bt the pranoteL intetestlotev.ry nonth
of deldy, till the han.ling avet ol the po$ession at such rate os nov be
presnibed."
l6.Clause1(,v) oftheAffordable Housing policy,2013 provides for due date
olpossession and is reprodurced below:

clause 1(iv)
All such prciects shall be requned tu be necessa.it! .onpleted
thin 4 yea$ Iron the opprovol ol building plons or gront of
phtitunnent l clirance, whichever. i5 latei fhb date shall be
rel t ?.1 Lo at thP .dote al .ann.n .nant o6pt ort t tor.heDutpose
ai t t B oot ty. the h, ?r' n at t nob be' r?lewed belond t h e soid 4
^
reo' petiod fran the ddte o{ co,.y""^"r, .f
ffi,f.,,, ,,*tnot
l7 Admissibility ofgrace periodr'lhe pronoter has proposed to hand ovcr
thc possession of the udit within a period oi tou. vears lrom the datc of
sanction ofbuilding plans or grant of E nviro nme ntal Clearance, whichever

is later. In the prcsentnratter, the I; nviron menta I Clearance was obta ined

on 30.11 2017 , tlre period of lour years is calculated from the date of
obtaining the E.C, being later. Accordingly, the grace period olsix months
shallbe allowed to the promoter on account ofCovid 19.
18. Admissibility of delay possession charges at prescribed rate of
interestr Proviso to se(tion 18 provides that where an allottee does not
nrtend to trithdralv from tbe proje( he shall be paid, bv the p'omoter'
interest lor every monlh of delay, till the hand,ng over of possession' at

ch rate as may be pr{)scribed and it has been prescribed under rul' 15

oithe rules. Rule 15 has beeD reproduced as under:

"Rute1s, Presnb..lmt o|tnbtqt'lPmviso to se.ti@ 12, setiot

1s oht sub.srtion tl t anil subsection (7) ol tection 191
rt t ro, t'e purpi,e ol p,ov'sa ta \"rno1 I t'P' tton 13: ond :!b-
setto$ tat ond i?t al vtDn to the \n.erc! at rhe 'ot? p@ribcd"
,halt be ih;ia.e BNL 4ladto hshesL iotJ'rut .a! ol Rtng toP
 ffHAllH{A f;p]-"-'"_.,4;r;__l
comph No of20?4
nt 2124

S-eLn-enm,r I

Ptovidctl thot in.ose the State Bonk of tndta mu.ginotcostollen.lins

rate (MC|.R) k nar in ue, it shull be tepto.ed by such behchnotk
lending rcteswhth the Stote Bonkaltndia nay fix l.on tine ta tne
fo. IendinI to the seneruI publi..
19. Tbe legislatu.e in ,ts wisdom in the subordinate legislation under the
provision oi rule 15 of the rules, has determined the prescribed rate of
interest. The rate of interest so detennined by th€ legislature, is

rcasonable and if the stid rule is lollowed to ailard lhe interest, it lvill
ensirre uniform practic€ in allthe cases.
2 0 Co nsequently, as pe. website of the qhte Bank oa Indi a i.e., httDs: //sbi.co iL
the marsinal cost of lending rate [in short, MCLRJ as on date i...,
23.04.2025 is 9.10%. Accordingly, the pres.ribed rate oi inter€st will be
marginal cost oilendinE rati +Za/o Le.,lTt ooh
21. The definition oi term 'inte]resf as defii6d under section 2[za) olthe Act
providcs that the rate oi interest chargeable irom the allott€e by the
promoter, in case oldelru]t, shallbe equalto the rate of interestwhich the
promoter shallbe liable to pay the allottee, in case ofdeiault. The relevant
section is rep.oduced belo;:
"(zo) "ihtercn" neons the rctcs ofintetett po!.blc br the pronatet ot
the allattce,os Lhe.ase noY be.
t
ttnnot o t -tn.t1lDt--o'01th-'loue
t n oe ruP ol n@a l\ hot
qeablP lion rhe ollonP. bt the proaot"' . ia
.av of delaLlt, sho be equal to the tute ol inte.est vhich the
promatet shall be liobte to poy the oltottee, in cose of defall1
0i) the intercst Pdloble by the prcnoter to the olloxee sholl be lron the
date the p.a otet te.clwtl the onount o. dnt patt thercoftill the
(lote the unamt ot pon nturcoland in?tu! thereon b refundc'I,
ahd the netest Paloble by Lhe otlattce to the pronote. shall be
fram the doL the ollotLee deJAuhs in polnent ta the pra otet till
the date tt 6 Poid;'
22 Therefore. interest on tre delay payments from the complainants shallbe
charged at the prescribed rate i.c., 11 10% bv the respoDdent/promoter
which js the same as is beinB Eranted to the complainant in caseofdelayed
possession charges.
 HARERA Complarnr No 2324of 2024

?- GURUGRAN4
23. On consideration oi the docunrenls avallable on rccord and submissions
made regarding contra!ention of provisions of the Act, the Authority is
satisfied that the respondent is in contraveDtion ofthesection 11(al[a) ol
the Act by not handing over possession by the due date as per the
agreement. By virtue of clause 1[iv) of the Afrordable Housing Policv,
2013, the possession ol the subiect apartment rras to be del,vered by
30.11.2021. As far as grace period is concerned, the same is allowed lor
the reasons quoted above. Thereiore, the due date of hand,ng over
possession is 30.05 2022 The respondent has obtained the Occupation
certificate from the competent authorities on 14.05.2024 and therealter
offered the possession of the subject apPrtme.t to the complainant on
19.05.2024, which is delayeE than the due date of possession of the unit
Accordinsly, it is the lailure oi the respondent/promoter to fullil its

obligations and respon,ribjlities as per the agreement to hand over the

possession within stipulated period.

2 4 'l'he non-com pliance oi the mandate contained in section 1 1(a) (al read with
s.ction 18(l) oltlreAc:on thepa11 of the respondcnt isestablished As
such the complainants are entitled to delayed possession at prescribed
rateof interesti.e., 11.10%i.a.lromtl,eaued.teorpossession30.05'2022
ti11 the offer of possessron plus 2 months after obtaining the occupation
certificate tuom the conrpetent aurhonties or actual handovet whichevcr
is earlier, as per provisions ofsection 18(11 ofthe Act read w,th rule 15 of

the rules and section 1!r[10) oftheAct.

G.ll. Direct the respondont to not recover the extra charg€s for
electricity connection which is rnentioned in aforesaid para no
lxiii & xiv) ot the complaint and the high charges of electricitv
aonnection as in the demand letlermav kindlvbe cancelled'
 trHARERA Compla'nr No. 2324of 2024

*&-crrnrrcnru
2a The fbllo$,ing provision has becn made in the Agreement tbr Sale dated
12.05.2018 in clause 10.10 in respect ofthe electricity connection chargesi

'lhe Allattee shall Pa! to the concerned autha.ity electic netet

n\tollotian dnryer'eutet .ta nstoIIutioh ch.tges,sccurit! deposjt
l* the e te ct n. / e a te t tnete t o d rn",, ",,",n,.,, n.
in;;g;.:I,r" roli rdl
With .espect to ihc electricity connection charges, there is no doubt that
these charges are payable to va.ious departments for obtaining service
connections from the concerned de!artments includi.g secur,ty deposit
for sanction and relea$' of such connect,ons in thc name of the allottee
and are payable by the lllottee. These connections are applied on behall
ol the allottee and allottee has to make payment to the concerncd

department on actual basis. In case instead ofpaying individually for the

unjt jfthe buildcr has paid composite payment ir respcct olthe abovesaid
connections including securiB' deposit provided to the units, then the
promoters will be entitled to recover the actual charges paid to the
concerned department from the allottee on pro_rata basis i.e. depending
upon the area ofthe flat allotted to the complainant viz_ i-viz thetotala'ea
olthe particular projecl. The complainant/allottee will also be entitled to
get proof ol all such ptrymbnt to ihe €oncerned department along with
composite proportionale to his unit belore making Pavment under lhe
relevant head. In cas. ot buLk supply of clectricity, the concemed
deparnnent/agency r,:leases connection with .ertain terms and
condrtions of bulk supFly and these are to be abided by the allottee. The
allottee js also asked to give unde(akiDg notto applydirectlyto anv other
electric supplycompany in his individual capacitv tor additional load ol
electricity other than being that provided through bulk supply
arrangement. ln this case, apart lrom bearing proportionate charges for
 *HARERA tomplaLnt No 2124 of 2024

S-GuRuGRA[/
bulk supply ofelectricityconn.ction to the project, theallottee has also to
bear the individual meter connection expenditure from the bulk supply
pointtohis unit.
27 It is also clarilied that there shau not bc any loadiDg or additional charges
for such connection in the name of rncid ental charges and sometime under

the name and style oiiniormal charges which is an illegalcharge, and the
authority cannot bea mock spectator in such an evcntuality.
2Ll. Accordingly, the promoter will be €Dtitled to recover the actual charges
paid to theconcenred department ffom the compl:inant on pro-ratabaes

on account or electriciq, connectioF i.e., d€pending upon the area of the

flat allotted to the complaiiraDt vis-:r-vis th€ area of all the flats in this
particular project.'lhe complanrani willalso be entitled to proofol{ch a
payrnent to the concerned deparnnent along with a computation
proportionate to the allotted flat, before making payment under the

29 'lhe respondent is dir€cted to chargc thc actu.rl charges paid to the

concerned department f.om the complainants on pro rata basis on
account of electricity ccnnection, depending upon the area of the unit of
the conrplainants vis-a -via the area of all the units in the project and
provide prooi of the par'ment to the concerned department along wi(h a
.omputation proportionate to the allo tted flat, befo.e making the payment
aDd rfthe payment has been made then any amount charged that is not iD

terms ofthe above menlioned cnteria, the.espondent is directed to return

lhe ertra anrount, il anl/ paid by lhe complajna ls along with interest irt
the rate of 11.100/.. If nd payment has been made by the complaiDants till
date, then the respondent is directed to make the demand in terms ofthe
.riteria as above mentk,ned.
 *HARER 1

1S-clrnrcnm,l
G.lll. Direct the respondent to pay litigation charges amounting to
Rs.5o,00o/.
30. lhe complainants are seeking the above mentioned relief wrt.
compensation The Hon blc Sup.eme Court oa lndia in Civil Appenl nos.
6745-6749 at 2021 titlid as M/s Newtech Promoters ancl Dwelopers
Ltd. v/s State ol UP & Ors.(supro ? has held that an alloftee is entitled to
claim compensation and litigation charges under Sections 12, 14, 18 and
Scction 19 which is to be (leci(lt(l hy the ndjrrdicaling officer as per Scction
7l aDd the quaDtum of compersation and htigation expense shau be
adjudsed by the adjudicating officer havins due.esards to the factors
mentjoned in Section 72. The adjudicating ofti.er has exclus've
iurjsdiction to de.rl with the conrplaints in respcct ol compensation .nrd
legal cxpens.s. Therofore, the conrplainants may approach the
adjudicating officer for !ieeking the .elief of compensation
H. Directloos ofthe authority
31 llence, thc Authoity hereby passcs this order lnd issue the rollowiug
directions undc. sectior 3T ofthe Act to ensure conrpliance of obligations
crsted upon the promoters as perthe fuDctions entrusted to the authority
under section 3a(0:

'lhc respondent is direcled to pay the interest at thc p.escr,bed rate i.c.,

11.100/0 per annun for every month of delay on the amount paid by the
complainants lrom duc date ol possession i.e., 30.05.2022 till offer of
possession plus rwo months or actual handing over of possession after
obtaining occupation certificate ffom the competent authority, whichever
is earlier, as per section 18(11 ot the Act of 2016 read with rule 15 or the

PaCe 22 of23
 *HALERA cumplainr No. 2324of 2024
S- G!R!GRA[/
ii The respondent is directed to charge the actual charges paid to the
concenred department from the complainants on pro-rata basis on
account olelectricity conn.ction, depending upon the area ofthe unit of
the con)plainants vis-a -vis the area ol al1 the units in the Project and
provide proof olthe pa,,ment to the concerned department along with a
computation proportionate to the allotted flat, beibre makingthe payment
and ilthe payment has been made then any amoun( charged that is not jn
terms ol thc above mentioned criteria, the respond ent is directed to retu rn
the extra amount, if an), paid by the complainants along with interest at
the rat. of 11.10%. 1l no payment has been made by the complainants till
date, then th. rcspondent is directcd to make tht demrnd in te.ms of the

criteria as abovc nrenti0ned.

iij The respondentis directed to execute conveyance deed in iavour olthe

complsjnant in terms oi sectlon 17(11 of the Act or 2016 on payment oi
stamp duty and registration charges as applicable, within one month ofthe

iv. The respondent shall not clarge arything from the complainant which is

not the part ofthe agreement.

32. Complaint stands disposed ot
I

33. Filebe consigoed to re:lstry.

tMembe
Estate Regulatory Author,ty, Gilrugram
D.red:23.04.2025