Delays and Disputes: Haryana Real Estate Appellate Tribunal Rules in Favor of Mr. Sajjan Kumar

In the realm of real estate disputes, one case that has garnered significant attention is the Haryana Real Estate Appellate Tribunal case numbered 458 of 2021. This legal battle involves two main parties: M/s Orris Infrastructure Private Limited, the Appellant, and Mr. Sajjan Kumar, the Respondent. At the heart of the matter lies the issue of delay in possession and an alleged breach of the Real Estate (Regulation and Development) Act, 2016.

Background of the Case

The case centers around the ambitious 'Carnation Residency' project in Sector 85, Gurugram, initiated by M/s Orris Infrastructure Private Limited. An Apartment Buyer Agreement was executed between the Appellant and the Respondent, with the due date of possession set at 01.03.2014. However, the actual date of possession offered was 06.10.2015, resulting in dissatisfaction on the part of the Allottee, Mr. Sajjan Kumar. His grievances extended to the facilities provided in the unit, compelling him to file a complaint before the Haryana Real Estate Regulatory Authority.

Proceedings in the Authority

The case reached the Haryana Real Estate Regulatory Authority as Complaint No. 2067 of 2019. The Authority thoroughly examined the facts and circumstances and made crucial findings. It determined the due date of possession to be calculated from the date of the agreement (01.09.2010). The Authority allowed a six-month grace period to the Promoter, in line with clause 10.1 of the agreement. Consequently, the Promoter was found to have contravened provisions of the Act and rule 28(2)(a) of the Haryana Real Estate (Regulation and Development) Rules, 2017.

In light of the delay, the Authority proceeded to award delay possession charges along with the prescribed rate of interest to the Respondent, Mr. Sajjan Kumar.

Grounds of Appeal

The Appellant, M/s Orris Infrastructure Private Limited, challenged the Authority's order on two primary grounds. Firstly, they claimed that the Act should not be applicable as they had obtained the 'Occupation Certificate' before the Act came into force. Secondly, they argued that the complaint filed by the Allottee was beyond the limitation period.

Tribunal's Verdict

The Haryana Real Estate Appellate Tribunal carefully analyzed the case, considering the grounds of appeal presented by the Appellant. On the first ground, the Tribunal asserted that there was no record of a Completion Certificate, thus establishing the project as ongoing and within the Act's ambit.

Regarding the limitation plea, the Tribunal found no merit, as the Appellant's own reply admitted to the existence of certain defects in the construction. This acknowledgment provided the Allottee with a continuing cause of action, justifying his approach to the Authority with the complaint.

Implications and Impact

The Tribunal's decision in this case holds significant implications for the real estate sector in Haryana. It emphasizes the importance of timely possession and adherence to the Act and Rules, safeguarding consumer rights. Developers are reminded of their obligations to deliver projects within stipulated timeframes, ensuring transparency and trust between them and the buyers.

Conclusion

In conclusion, the Haryana Real Estate Appellate Tribunal's ruling in case number 458 of 2021 reinforces the need for strict compliance with real estate regulations. The case serves as a reminder to both developers and buyers about their respective responsibilities. Timely possession and consumer protection remain paramount in ensuring a healthy and flourishing real estate market.

Note: The information provided in this article about Haryana Real Estate Regulatory Authority (HRERA) is for informational purposes only. It is not intended as legal or professional advice and readers should consult qualified professionals for advice specific to their circumstances. The information provided in this article is based on the Appeal No. 458 of 2021 before the Haryana Real Estate Regulatory Authority

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