Nine years on, flat not handed over, HRera asks builder to pay ₹55L to homebuyer

Gurgaon: The Haryana Real Estate Regulatory Authority (HRera) has directed realty firm Imperia Structures to pay Rs 55 lakh to homebuyers for delay in handing over possession of a residential unit in The Esfera project in Sector 37C.In a detailed order dated March 16, the adjudicating officer Rajender Kumar ruled in favour of complainants Harjeet Kaur Dhillon and H.S. Dhillon, observing that the developer failed to deliver possession within the agreed timeline despite receiving nearly the entire sale consideration.According to the order, the complainants booked an apartment measuring 1,850 sq ft for ₹78.15 lakh and already paid ₹73.37 lakh —about 95% of the total cost — by June 2017. As per the builder-buyer agreement signed in November 2013, possession was to be delivered within 42 months, that is, by May 2017. However, the project was delayed significantly.The authority noted that the developer’s failure to complete construction within the stipulated period constituted a clear violation under the Real Estate (Regulation and Development) Act, 2016. It also observed that the buyers earlier secured a refund order with 10.35% interest in 2022 but were still entitled to additional compensation under the law.Rejecting the developer’s argument that the complaint had already been heard and judged, HRera clarified that homebuyers are entitled to both refund and compensation if the promoter fails to deliver possession on time.Taking into account market trends, the authority observed that property prices in Sector 37C saw sharp appreciation between 2017 and 2023, largely driven by infrastructure growth along the Dwarka Expressway. It estimated that the complainants suffered a significant loss of appreciation due to delayed possession.Accordingly, HRera awarded Rs 55 lakh (rounded off) as compensation for loss of appreciation. In addition, it granted Rs 1 lakh for mental agony and harassment and Rs 50,000 towards litigation costs.However, the authority declined other claims, including Rs 45,000 per month as rental loss and additional compensation for conveyance and time loss, stating that compensation for appreciation already covered the major financial impact.The developer has been directed to pay the awarded amounts along with interest at 10.85% per annum from the date of the order until full realisation. “This complaint stands disposed of accordingly,” the order stated, adding that the ruling reinforces the rights of homebuyers under Rera to seek both refund and fair compensation for delays.The case highlights ongoing concerns among homebuyers in the city over delayed projects and underlines the regulatory authority’s increasing intervention to ensure accountability among developers.