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January 29, 2026 : The Haryana Real Estate Regulatory Authority (HARERA), Gurugram has directed Signature Infrabuild Private Limited to pay delay possession interest to a homebuyer for failing to hand over a flat within the stipulated timeline in its affordable housing project “Signature Global Aspire” at Sector 95, Gurugram.
The order was passed by Member Phool Singh Saini in Complaint No. 897 of 2025, filed by Avtar Singh Guleria under Section 31 of the Real Estate (Regulation and Development) Act, 2016.
The complainant was allotted Unit No. C-701 in Tower C pursuant to an allotment letter dated 17 July 2021, followed by execution of the Builder Buyer Agreement on 29 July 2021. He paid ₹24.07 lakh towards the total consideration.
As reflected in the Authority’s findings on pages 2–3 of the order, the project received environmental clearance on 20 December 2019, making 20 December 2023 the committed date for possession under the agreement and the Affordable Housing Policy, 2013. However, the Occupation Certificate had not been obtained and possession was not offered.
The developer sought to justify the delay by invoking force majeure conditions, including COVID-19 disruptions, labour shortages and regulatory restrictions. The Authority rejected this defence, observing that the allotment letter and buyer’s agreement were executed in July 2021, after the onset of the pandemic, and therefore no additional grace period could be granted.
Relying on Section 18(1) of the RERA Act, HARERA held that where an allottee chooses to continue with the project, the promoter is liable to pay interest for every month of delay until possession is handed over. Under Rule 15 of the Haryana RERA Rules, the applicable rate was determined as SBI MCLR plus 2%, which worked out to 10.80% per annum as on the date of the order, as noted on page 14 of the decision.
The Authority held that the promoter failed to meet the committed possession timeline and had not obtained the Occupation Certificate. It accordingly directed the developer to pay delay possession charges at 10.80% per annum on the amount paid by the complainant from 20 December 2023 until two months after a valid offer of possession or actual handover, whichever is earlier. It further directed that arrears accrued till the date of the order be cleared within 90 days.
The Authority also directed the developer to obtain the Occupation Certificate and hand over possession in accordance with the buyer’s agreement, and to execute the conveyance deed within three months thereafter. It clarified that the promoter cannot levy charges not provided in the Buyer’s Agreement or under the Affordable Housing Policy, 2013. On maintenance, it reiterated that the developer is obligated to maintain the project free of cost for five years from the grant of the Occupation Certificate, while permitting recovery of consumption-based utility charges as per applicable policy clarifications.
The complaint was accordingly disposed of with directions to pay delay interest and ensure completion and lawful handover of the unit.