The Haryana Real Estate Regulatory Authority (HRERA) has directed Ocus Skyscrapers Realty to pay interest at the rate of 10.8% per annum to homebuyer Archana Dubey for delaying the possession of a commercial unit in its Ocus 24K project in Sector 68, Gurugram. The authority has also directed the developer to execute the conveyance deed within three months and prohibited it from imposing charges beyond those specified in the original buyer’s agreement.
According to the buyer’s agreement dated December 16, 2013, possession of the unit was scheduled to be handed over within 60 months, making December 16, 2018 the contractual possession deadline. However, the occupation certificate for the project was granted only on July 17, 2019. The developer formally offered possession to the buyer on July 18, 2019, resulting in a delay of approximately seven months from the agreed possession date.
The complaint involved two commercial units held by Dubey with the developer. These included unit G-215 in Ocus Medley in Sector 99 and unit G-119, measuring 419 sq ft, in Ocus 24K in Sector 68. The complainant alleged that the two units had been fraudulently conflated by the developer, resulting in a change in her allotment and diversion of funds without her consent.
HRERA, however, did not accept these allegations. The authority considered the developer’s submission that the two units belonged to separate and distinctly registered projects. Based on the documentary record, it concluded that the allegations concerning a fraudulent unit swap were not established.
The authority also rejected several other allegations raised by the complainant, including claims relating to fraud in the allotment process and the alleged fraudulent procurement of statutory clearances. HRERA proceeded to consider the delayed-possession claim separately on its merits.
On the issue of possession delay, HRERA found the promoter to be in breach of Section 11(4)(a) of the Real Estate (Regulation and Development) Act, 2016. Applying Section 18(1) of the Act along with Rule 15 of the HRERA Rules, the authority directed the developer to pay interest at the prescribed rate of 10.8% per annum on the amount paid by the complainant.
The interest was calculated from December 16, 2018, which was the contractual possession date, until September 18, 2019. The calculation also took into account the two-month period after the offer of possession as provided under Section 19(10) of the Act.
In addition to the interest payment, HRERA directed the developer to execute the conveyance deed within three months. The developer was also barred from imposing any charge that was not covered under the original buyer’s agreement. The arrears relating to the delayed possession interest are required to be cleared within 90 days.
HRERA did not intervene in allegations concerning the alleged fraudulent procurement of occupation and completion certificates or claims that construction debris remained at the project site. The authority held that such matters fell outside its jurisdiction and directed the complainant to approach the Director, Town and Country Planning, or a competent civil court.
