The Haryana Real Estate Regulatory Authority (HRERA), Gurugram, has directed Ansal Phalak Infrastructure to pay interest at 10.8% per annum to homebuyers for delaying possession of a residential unit in the Esencia project in Sector 67, Gurugram.
The order, issued on August 14, 2026, follows a complaint filed by Samir and Suman Chitkara, who booked unit D1561SF in the Sovereign Floors segment of the project. The unit measures 1,572 sq ft, with the total sale consideration exceeding ₹1.2 crore. The buyer’s agreement between the parties was executed on August 21, 2012.
According to the agreement, the developer was required to complete construction and hand over possession within 36 months, along with an additional six-month grace period. The stipulated possession date was therefore February 21, 2016. However, more than a decade later, the project had neither received an occupation certificate nor offered possession of the unit to the buyers.
Interest Ordered From February 2016
HRERA Chairman Arun Kumar directed the promoter to pay accrued interest on the amount paid by the complainants from February 21, 2016, until the date of a valid offer of possession. The authority ordered the developer to clear the accumulated interest arrears within 90 days.
The promoter has also been directed to pay any further monthly interest before the 10th day of the following month until a valid possession offer is made.
HRERA further ordered Ansal Phalak Infrastructure to offer possession within 30 days of obtaining the occupation certificate. The developer must also execute the conveyance deed in accordance with Section 17(1) of the Real Estate (Regulation and Development) Act, 2016.
The authority has specifically barred the promoter from imposing holding charges on the homebuyers.
RERA Violation Cited by Authority
The authority held that the promoter had violated Section 11(4)(a) of the RERA Act, which requires a promoter to adhere to the agreed timelines and obligations concerning possession.
HRERA also treated the development as an ongoing project covered by the RERA framework because it had not obtained an occupation certificate. The absence of the certificate meant that the developer could not treat the possession obligation as having been fulfilled.
The complainants told the authority that they had paid ₹1,04,86,215 towards the unit. However, payment receipts available on the record reflected an amount of ₹24,69,412. The buyers also alleged that the developer had raised premature payment demands and failed to respond adequately to their repeated requests concerning possession.
They further claimed that their grievances were not addressed despite repeated attempts to seek a resolution from the developer.
Developer Did Not Contest Complaint on Merits
The proceedings also noted that the developer did not contest the complaint on merits after an ex parte order dated August 22, 2025. Its counsel subsequently filed only a memo of appearance, without contesting the complainants’ case on substantive grounds.
After considering the material before it, HRERA proceeded with the matter and issued directions concerning interest and possession.
Interest Rate Fixed at 10.8%
The interest payable to the buyers was determined under the applicable Haryana RERA Rules. The prescribed rate is linked to the State Bank of India’s marginal cost of lending rate (MCLR) plus 2%.
As of August 14, 2026, the applicable SBI MCLR was 8.80%. Adding 2% resulted in an interest rate of 10.80% per annum.
The order therefore requires Ansal Phalak Infrastructure to compensate the buyers for the prolonged delay through interest calculated at the prescribed rate until a valid offer of possession is made.
The authority has not finally decided the buyers’ claims concerning litigation costs and compensation for alleged harassment. These claims have been left for separate adjudication before the appropriate officer.
The order reinforces the obligation of real estate promoters to meet possession timelines and obtain the necessary approvals before offering completed units to homebuyers.
