Win for Allottees: Haryana RERA Directs Vikas Park to Pay Compensation and Deliver Hero Homes Gurgaon
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The Haryana Real Estate Regulatory Authority (HARERA), Gurugram, has delivered a landmark ruling that brings massive relief to homebuyers. In the case of Ankit Rathore v. M/s Vikas Park Private Limited (Complaint No. 4783 of 2025), the bench has ordered the developer to pay delayed possession interest (compensation) and immediately hand over the lawful possession of a unit in the "Hero Homes" project in Sector 104, Gurugram.
This order reinforces the safety net provided by the Real Estate (Regulation and Development) Act, 2016 (RERA), establishing that bureaucratic delays cannot be used as an excuse to deny homebuyers their rightful compensation.
Background of the Case
The complaint was filed before HARERA Gurugram under Section 31 of the RERA Act alleging delay in possession and unfair trade practices by the developer. The dispute related to a residential apartment in the “Hero Homes” project situated at Sector 104, Dwarka Expressway, Gurugram.
As per the Apartment Buyer’s Agreement, the developer had promised to hand over possession by 31 December 2024. However, despite substantial payments made by the allottee, possession was not delivered within the agreed timeline.
Developer’s Defence Before HARERA
The developer argued that the Occupation Certificate (OC) had already been obtained in January 2026 and possession was subsequently offered to the allottee. The builder further contended that the delay occurred due to force majeure circumstances such as COVID-19 disruptions, pollution-related construction bans in NCR, labour shortages, supply chain issues, and delays relating to EWS housing obligations. The developer also relied upon clauses of the Apartment Buyer’s Agreement to argue that the delay was justified and compensation was not payable for certain periods.
Findings of HARERA Gurugram
HARERA observed that the agreed possession date under the Builder Buyer Agreement was 31 December 2024, whereas the Occupation Certificate was obtained only on 07 January 2026 and possession was offered on 09 January 2026. The Authority noted that the allottee had already paid a substantial portion of the sale consideration and held that the delay in handing over possession amounted to violation of Section 11(4)(a) of the RERA Act. HARERA further clarified that under Section 18(1) of the RERA Act, an allottee who continues with the project is entitled to delayed possession interest till a valid offer of possession is made.
Reliefs Granted by HARERA
1. Payment of Delay Possession Interest
HARERA directed the developer to pay delayed possession interest at the rate of 10.80% per annum from 31 December 2024 till 09 January 2026, along with the applicable statutory grace period linked to the Occupation Certificate.
2. Immediate Handing Over of Possession
The Authority directed the developer to hand over physical possession of the apartment complete in all respects and in accordance with the Builder Buyer Agreement.
3. Execution of Conveyance Deed
HARERA further directed the builder to execute the conveyance deed in favour of the allottee after completion of necessary stamp duty and registration formalities.
4. Restriction on Illegal Charges
The Authority restrained the developer from levying charges beyond the Builder Buyer Agreement and directed waiver of unlawful and arbitrary demands raised against the allottee.
Key Takeaways for Homebuyers
The ruling reiterates that homebuyers are entitled to strong protection under the RERA framework against delayed possession and arbitrary builder practices. HARERA emphasized that buyers can claim delayed possession compensation under Section 18 of the RERA Act, while developers cannot impose charges beyond the Builder Buyer Agreement. The Authority also clarified that a valid offer of possession must follow obtaining the Occupation Certificate, reaffirming HARERA’s proactive approach in providing effective remedies to homebuyers facing delays in real estate projects.
Conclusion
The present HARERA Gurugram decision serves as another strong precedent protecting homebuyers against delayed possession and unfair builder practices. By directing payment of interest, execution of conveyance deed, and waiver of unauthorized charges, the Authority reaffirmed the consumer-centric objectives of the RERA framework.
For homebuyers dealing with delayed possession disputes, this judgment highlights the effectiveness of proceedings before HARERA and the importance of enforcing contractual and statutory rights against erring developers.
Find the judgment here
