Haryana Real Estate Regulatory Authority (power) Bench, consisting of Sanjeev Kumar Arora (Member)has directed the builder to pay interest for delay in handing over possession and to give the benefit of increased super built-up area to the home buyer without incurring additional costs in gross sale consideration.
In real estate, Super built up area This includes the carpet area of the flat and common common areas such as lobbies, stairs, and amenities, distributed proportionally among all units of the building.
Background facts
Builder on 07-12-2012 (Respondent) Alloted to home buyer (complainant) A flat in their project named TerraLocated in Sector 37-D of Gurugram. Then, the home buyer and the builder sign a flat buyer agreement. (Agreement for Sale) For a flat, with a total cost of Rs. 1,29,96,541. The home buyer paid Rs. 1,28,07,744 of this total cost.
As per clause 1.6 of the flat buyer agreement, the builder was to hand over possession of the flat within 42 months, from the date of approval of the building plan or execution of the flat buyer agreement, with an additional grace period of 180 days. whichever was later (ie, 07.12.2016).
On 13.12.2021, the builder issued a possession offer to the home buyer, with an increased super built-up area of 193 sq.ft., increasing the price of the flat by Rs. 21,12,571.
Although the builder offered possession on receipt of the occupancy certificate, the project site was still littered with rubble, mortar, bricks and construction materials, making it unfit for habitation. The project status was not in habitable condition, and the promised facilities were incomplete. The club was not fully functional, and some facilities were not yet operational.
Aggrieved by incomplete work in the flat, delay in possession, and increase in super built-up area, the home buyer lodged a complaint with the authority to offer full possession after completing all pending works in the flat, interest on delay, and removal of unilaterally enlarged superbuilt-up area.
Observed and directed by authority
The Authority held that the Builder violated Section 11(4)(a) of the Real Estate (Regulation and Development) Act, 2016 by not giving possession by the due date of 07.12.2016, as per clause 1.6 thereof. and described in 5.6. Flat Purchaser's Agreement. Therefore, the authority directed the builder to pay interest to the home buyer for every month of delay from the due date of possession (07.12.2016) to the date of possession (13.12.2021), plus two more months, of Rs.10.85 On the interest rate. % per annum.
Regarding the issue of increased super built-up area, the Authority referred to the findings of the Committee appointed vide orders dated 06.07.2021 and 17.08.2021. The committee headed by Sh. Manik Sonavane, IAS (Retd.), SH. Lakshmi Kant Saini, CA, and Sh. RK Singh, CTP (retd) was deputed to submit his report on common issues related to this project and other projects of the builder. The committee found that as per the flat buyer's agreement the super built up area has increased from 1998 sq ft to 2191 sq ft, hence the authority directed the builder to take advantage of the increased super built up area. Home buyers without incurring additional costs.
Case – Lalit Kumar v. BPTP Ltd
Reference – Complaint No: 416 of 2022