RERA Orders Gurugram Promoter To Pay Delayed Possession Charges to 51 Allottees
IANS 20 December 2022
The Haryana Real Estate Regulatory Authority (RERA) has asked Pareena Laxmi Infrastructure Private Ltd to pay delayed possession charges (DPC) to its allottees of its Gurugram housing society at the prescribed interest rate well within the time specified.
The Authority's order will bring relief to as many as 51 allottees of Pareena Laxmi affordable group housing society located at Sector 99, Gurugram.
The developer failed to deliver possession of units to allottees within the time specified in the builder-buyer agreement (BBA) and thereby, it has defaulted its commitment and is liable to pay delayed possession charges to allottee cum bonafide complainants as per the provisions of the RERA Act, 2016, the RERA said.
"The authority hereby passes this order and issues the following directions under Section 37 of the Act to ensure compliance with obligations cast upon the promoter. The respondent promoter is directed to pay interest at the prescribed rate for every month of a delay from the due date of possession till the date of the offer of possession to the complainant as per Section 19(10) of the Act.
"The arrears of such interest accrued during the delayed period shall be paid by the promoter to the allottees within 90 days from the date of this order as per Rule 16(2) of the rules," it said in the order.
It also has directed the complainants to pay outstanding dues, if any, after adjustment of interest for the delayed period.
The order said the respondent shall not charge anything from the complainant(s) which is not part of the builder-buyer agreement save and except in the manner as prescribed in this order.
The 51 allottees of Pareena Laxmi had approached the RERA demanding delayed possession charges since the builder failed to deliver the units in a specified period of four years from the execution of the builder-buyer agreement signed in 2016.
Deciding the matter, the RERA court said: "This order shall dispose of all the 51 complaints filed before this authority under Section 31 of the Real Estate (Regulation and Development) Act, 2016 for violation of Section 11 (4) (a) of the Act wherein it is inter alia prescribed that the promoter shall be responsible for all its obligations, responsibilities and functions to the allottee as per the agreement for sale executed between the parties."
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