Builder faces penalty for four-year delay in unit handover in Gurgaon
The complaint, filed under Section 31 of the RERA Act, was disposed of on July 24 by HRera (Gurgaon). The interest must be paid within 90 days from the date of the order.
Additionally, Shine Buildcon Pvt Ltd was instructed to hand over possession within 30 days of dues being cleared by the complainant and to execute the conveyance deed as per Section 17 of the Act.
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The Authority also took strong exception to illegal charges levied by the developer, including inflated car parking and club membership fees.
It ruled that Shine Buildcon could not demand any amount not stipulated in the original buyer's agreement.
Charges for electricity, maintenance and other utilities were also to be levied strictly as per the agreement and on a proportionate basis.
The complainant booked Unit A-001, a 907 sqft commercial shop, on the ground floor of the project in Oct 2014.
A buyer's agreement was executed on May 11, 2015, under which the developer was obligated to hand over possession within 42 months, along with an additional six-month grace period.
This brought the due date for possession to May 11, 2019.
However, the occupation certificate was issued only on Oct 10, 2023 and the offer of possession was made on Nov 24, 2023 — marking a delay of more than four years.
Shine Buildcon argued the delay was due to force majeure conditions such as demonetisation, GST implementation, environmental bans and the Covid-19 pandemic. HRera dismissed these claims, observing the cited disruptions were temporary and could not justify the prolonged delay.
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