Sana Realtors vs. Rajiv Batra: A Case of Delayed Possession in Haryana Real Estate

In a recent case before the Haryana Real Estate Appellate Tribunal, Sana Realtors Private Limited found themselves at odds with the allottee, Mr. Rajiv Batra, over a complaint regarding delayed possession. The case, registered as Appeal No. 337 of 2019, brought forth allegations of a violation of the buyer's agreement and sought appropriate relief. Let's delve into the details of this legal battle and the subsequent resolution.

Case Background:

Complaint No. 1783 of 2018 was filed by Mr. Rajiv Batra, the respondent, before the Haryana Real Estate Regulatory Authority, Gurugram. He contended that Sana Realtors, the appellant, had failed to deliver possession of the property in accordance with the agreed-upon timeline mentioned in the buyer's agreement, thereby violating clause 15. The complainant highlighted Section 11(4)(a) of the Real Estate (Regulation and Development) Act, 2016, which states the promoter's obligation to deliver possession within the stipulated time.

Authority's Decision:

After considering the facts and arguments presented by both parties, the Haryana Real Estate Regulatory Authority issued its decision on 14.03.2019. The authority acknowledged that the appellant had received an occupation certificate on 18.07.2017 and had sent an offer of possession to the complainant on 27.07.2017. As per clause 15 of the buyer's agreement, possession was due by 20.04.2013, and the complainant had already paid Rs. 18,49,172/- out of the total sale consideration of Rs. 22,16,550/-.

The authority held that the complainant was entitled to delayed possession charges at the prescribed rate of interest of 10.75% per annum from 20.04.2013 to 27.07.2017, as per Section 18(1) of the Real Estate (Regulation and Development) Act, 2016. It also directed the appellant to change the complainant's address in their records. Furthermore, the complainant was deemed liable to pay penal interest at the rate of 10.75% on the balance dues, calculated at the time of delivery of possession.

The Appeal:

Displeased with the authority's decision, Sana Realtors chose to appeal the ruling. The appeal, registered as Appeal No. 337 of 2019, was duly acknowledged, and notice was issued to Mr. Rajiv Batra, the respondent. However, the respondent failed to appear, resulting in an ex-parte proceeding on 21.02.2023.

Settlement and Withdrawal of the Appeal:

During the subsequent hearing of the appeal, the appellant's counsel informed the tribunal that a settlement had been reached between the parties. They presented a 'Memorandum of Settlement' dated 21st March 2023 as evidence. Consequently, the appellant requested to withdraw the appeal and sought a refund of the amount deposited for compliance with the proviso to Section 43(5) of the Real Estate (Regulation and Development) Act, 2016.

Tribunal's Decision:

The appeal was dismissed as withdrawn, taking into account the settlement reached between the parties. The appellant's deposited amount of Rs. 8,50,000/-, along with accrued interest, was ordered to be sent to the Haryana Real Estate Regulatory Authority, Gurugram, for disbursement to Sana Realtors, subject to any tax liability as per applicable laws and rules.

Conclusion:

The Sana Realtors vs. Rajiv Batra case before the Haryana Real Estate Appellate Tribunal shed light on the issue of delayed possession in the real estate sector. With the authority's ruling in favor of the complainant and subsequent appeal withdrawal due to a settlement, the parties found a resolution to their dispute. This case serves as a reminder of the importance of adhering to agreed-upon timelines and buyer's agreements in the real estate industry.

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. 337 of 2019 before the Haryana Real Estate Regulatory Authority

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