Splendor Landbase Directed to Compensate Buyers by Haryana RERA for Delayed Possession

Splendor Landbase Directed to Compensate Buyers by Haryana RERA for Delayed Possession

Splendor Landbase Limited, a real estate promoter, has been instructed by the Haryana Real Estate Regulatory Authority (HARERA) in Gurugram to pay delayed possession charges (DPC) to its allottees.

The directive was issued after the company failed to complete the project and deliver the units as per the agreement, while also setting a notice for unit cancellation on February 7.

The authority has disposed of the matter regarding the case between Shri Parasram Industries Private Limited and Splendor Landbase Limited.

"The respondent promoter is directed to pay the delayed possession charges at the prescribed rate of interest 10.60 per cent p.a. for every month of a delay from the due date of possession till the obtaining of the occupation certificate (OC) plus two months to the complainant(s) as per section 19 (10) of the RERA Act," the order said.

The decision made by the full bench, consisting of Ashok Sangwan, Vijay Kumar Goyal, and Sanjeev Kumar Arora, will prove beneficial to approximately 20 allottees who are involved in this case.

As per Rule 16(2) of the 2017 rules, the promoter has been given 90 days from the date of this order to pay the allottees the interest that has accrued from the due date of possession until it becomes admissible. The authority has directed that the promoter must fulfill this obligation and make the payment to the allottees within the specified period.

The Authority has also instructed the allottees to pay any outstanding dues they may owe the promoter within 30 days.

Under Section 31 of the Real Estate (Regulation and Development) Act, 2016, the Authority has resolved the matter wherein the complainants had sought relief in the form of delayed possession charges (DPC) with interest and had also requested that the unit cancellation notices sent to them by the promoter be quashed.

"The complainants are allottees of the above-mentioned units agreed to be sold to it vide buyers' agreements May/June 2010. The due date for completion of the project and handing over possession of the allotted units was agreed to be 3 years from the date of the buyer's agreements and which comes to May/June 2013. It is pleaded by the complainants that against the allotted units they had already paid a substantial amount, but the respondent-builder failed to complete the project and offer them the possession of the allotted units," noted the order.

The promoter, on the other hand, contended that after receiving the occupation certificate (OC) for the project, it had offered possession of the units to the allottees. However, despite repeated reminders and notices, the allottees failed to take possession of their units.

Additionally, the promoter claimed that despite several reminders and notices, the complainants had failed to clear their dues and take possession of the units, leading the promoter to issue a notice for the cancellation of the allotted units.

According to the order, "It is important to note that when the allottees visited the project site, they discovered several deviations and changes in the building plan, as well as encroachments in some common areas.”

Splendor Landbase Limited has been developing a commercial project called Splendor Trade Tower in Sector-65, Gurugram since 2008.