Gurgaon: An allottee who chooses to stay in a project is entitled only to monthly interest for the delay and not to separate damages, said Haryana Real Estate Regulatory Authority (HRera) while rejecting a homebuyer’s claim for more than Rs 54 lakh in compensation in a matter pertaining to a flat in Sector 90.Adjudicating officer Rajender Kumar’s order on Nov 3 came on a complaint filed by Mahender Singh Yadav, who bought B2-104 measuring 1,875 sqft in Shree Vardhman Flora through a transfer from earlier buyers in 2012. The unit was originally allotted in Dec 2011 and a builder-buyer agreement was signed in Feb 2012. Yadav said he had paid almost the entire sale consideration of Rs 59.9 lakh by 2019 and Rs 64.5 lakh by Sept 2023, yet the builder failed to hand over possession on time.In an earlier complaint, HRera had in Oct 2021 fixed March 18, 2016, as the due date of possession and directed Shree Vardhman Infra Homes to pay interest at 9.3% a year till the offer of possession after obtaining an occupation certificate, plus two months, or actual handover, whichever was earlier. The builder did not comply, forcing Yadav to file an execution petition, during which he got physical possession on Aug 1, 2024.Yadav had sought Rs 28.5 lakh for rental loss, Rs 10.8 lakh for depreciation, Rs 3.8 lakh for loss of interest, Rs 10 lakh for mental agony and Rs 1.5 lakh for litigation costs. The promoter — Shree Vardhman Infra Homes — opposed the plea, arguing that the buyer could not be compensated twice for a cause of action and that the reliefs conflicted with the agreement.Yadav’s counsel argued that the adjudicating officer could award compensation under Section 72 of the Real Estate (Regulation and Development) Act, 2016. The officer disagreed, noting that Section 18(1) provides for interest and compensation when an allottee withdraws from a project, but only monthly interest for delay where the allottee stays on.He relied on the Uttar Pradesh Real Estate Appellate Tribunal’s April 2023 ruling in Greater Noida Industrial Development Authority vs Ranjan Misra, which held that the legislature meant to give compensation only to allottees who exit a project, and on a Feb 17, 2026, decision of the Haryana Real Estate Appellate Tribunal in Tata Housing Development Company vs Nitin Singhal. Since delay compensation had already been granted, there was no reason for a separate award, the officer said, dismissing the complaint.
