GURUGRAM: Applying the “principle of parity”, the district consumer forum directed the developer of an affordable housing project to pay compensation to a homebuyer for delay in handover of flat. The forum also directed the company to pay Rs 1 lakh as compensation for mental harassment.
The forum observed that if a buyer was to pay a penalty of 15% in case of delay in payment, the same should be applicable for the builder if transfer of home is delayed. The order was passed in a case of delayed handover to a homebuyer of Zara Rossa project in Sector 112.
Nitin Gupta — a resident of New Delhi — booked a 590sqft flat in the affordable housing project of Deluris Buildtech India Pvt Ltd, which is in Sector 112 for Rs 22.8 lakh in Nov 2017. The flat was promised to be delivered by Nov 2021, but even after the expiry of time, it was not delivered.
It was alleged that the builder was negligent about the compliance of rules and regulations, even though H-Rera issued a notice in 2019 to work as per the rule. A second notice was issued in May 2022 for compliance with the rules and regulations of HRera Act. A third notice was issued in June 2022. Gupta, who already paid the entire amount for the flat, contended that the delay in possession is causing huge monetary losses as he is paying the rent and interest for the housing loan.
Pratik Jain — another buyer — argued that the builder is habitual in delaying the project as previous project Zara Avaas in Sector 107 was delayed by 10 months excluding the grace period. The builder is deliberately and intentionally delaying the project and enjoying the money of consumers.
The developer submitted that construction was delayed due to some unavoidable circumstances and possession was given in May 2024.
The forum, headed by Poonam Chaudhary as president and Bariq Ahmad and Shekhar Chandra as members, in its order observed that the complainant’s case remained consistent and undoubted. There is nothing on record to disbelieve the complainant. On the repeated notices issued by H-Rera, the forum observed, “these repeated lapses show a disregard for the law”.
It ordered the compensation, observing that as per the builder-buyer agreement, the allottee has to pay a penalty of 15% per annum for delayed payment. “By the principle of parity upheld in the law, the opposite party (builder) is equally liable to pay interest at the same rate for delay in possession,” the panel stated.
The forum also directed the builder to pay compensation at the rate of 9% per annum from Nov 2021 — when the flat was supposed to be delivered — on the deposited amount till the actual possession of the flat is handed over with a valid occupancy certificate. In addition to this, the forum also directed payment of Rs 1 lakh to the buyer for mental agony, harassment and financial losses. It also directed that in addition to these, the developer will also pay Rs 25,000 as litigation fees.
