The Haryana Real Estate Regulatory Authority (HRera) ruled against Shine Buildcon Pvt Ltd for failing to hand over possession of a commercial unit in their '70 Grandwalk' project in Sector 70, Gurgaon. A buyer had booked a 907 sq ft ground-floor shop in October 2014 and entered into the agreement in May 2015. Despite a committed possession date of May 2019, the unit was offered only in November 2023, marking a delay of more than four years.

Under Section 31 of the RERA Act, the authority directed Shine Buildcon to:

• Pay 11.1% interest per annum on the payment made by the buyer (from the original possession date until the actual handover).

• Ensure possession is delivered within 30 days of the due payments.

• Execute the conveyance deed per Section 17.

• Abstain from levying any additional charges not in the original agreement, such as inflated parking or club membership fees.

The builder’s attempts to attribute the delay to force majeure events like demonetisation, GST, environmental restrictions, and COVID-19 were explicitly rejected by HRera as unjustifiable for such prolonged delays.

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Case Highlights & RERA Enforcement

• Buyer Protection Strengthened: This ruling underscores HRera’s commitment to upholding buyers' rights and enforcing contractual obligations.

• Precedent for Accountability: Developers are reminded that delays—even those blamed on broader economic events—must be substantiated and are not permissible for undue postponements.

• Market Reliability: Such accountability boosts investor confidence in Gurgaon’s regulated real estate markets and neighboring areas like South Delhi.

• Transparency in Charges: Enforcement against unagreed fees—like extra parking or club membership taxes—affirms the importance of contractual transparency and fair pricing.

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