Haryana RERA: Ansal Housing & Samyak Projects Jointly Liable as Co-Promoters for Delay in Commercial Unit Possession, Directed to Pay 11.10% Interest
Pranav B Prem
In a significant ruling, the Haryana Real Estate Regulatory Authority (HARERA), Gurugram, comprising Shri Ashok Sangwan (Member), held M/s Ansal Housing Limited (developer) and M/s Samyak Projects Pvt. Ltd. (landowner) jointly liable for the inordinate delay in handing over possession of a commercial unit in the project “Ansals HUB 83 Boulevard”, Sector 83, Gurugram. The Authority directed both respondents to pay interest for delayed possession at the rate of 11.10% per annum, besides ensuring timely possession and registration formalities.
Background and Dispute
The complainants, Sunil and Ritesh, had booked Unit No. F-066, a commercial shop measuring 200.59 sq. ft. (carpet area) in the “Ansals HUB 83 Boulevard” project. The Builder-Buyer Agreement (BBA) was executed on 25.06.2018 with Ansal Housing Limited, and the total sale consideration was ₹44.04 lakhs. The complainants paid ₹17.63 lakhs (40% of the total cost) as per the agreed 40:60 payment plan—40% at booking and 60% at the time of offer of possession.
As per Clause 5 of the BBA, possession was due by 31.12.2020. Taking into account a six-month COVID-19 grace period granted by the Authority, the revised due date for possession was extended to 30.06.2021. However, as of the date of the decision, the respondents neither obtained the Occupation Certificate (OC) nor offered possession.
Allegations and Relief Sought
The complainants sought interest for delay in possession, delivery of the unit with the OC, and execution of the Conveyance Deed. They submitted that despite repeated communications and compliance with document verification processes, no progress had been made on part of the respondents.
Respondents' Submissions
Respondent No.1 (Ansal Housing Limited) admitted entering into the BBA but cited force majeure events including demonetization, NGT and High Court restrictions, the COVID-19 pandemic, and other regulatory hurdles as the reasons for delay. They argued that Clause 7.6 of the BBA exempted liability in such events. Ansal also contended that it was not solely responsible, claiming that development obligations had shifted to Samyak Projects Pvt. Ltd. (Respondent No.2) after the termination of their Memorandum of Understanding (MoU).
They referred to a 2013 MoU with Samyak Projects, under which Ansal was entrusted with developing the commercial project. Disputes arose over revenue sharing, project control, and financial arrangements—leading to arbitration before Hon'ble Justice A.K. Sikri, who directed Ansal to hand over the project to Samyak in October 2021. Ansal claimed that Samyak failed to complete the project within the nine-month timeline fixed by the Sole Arbitrator (ending June 2023) and had also attempted to undermine existing agreements with allottees.
Respondent No.2 (Samyak Projects Pvt. Ltd.), however, denied liability by arguing lack of privity of contract. They contended that the complainants entered into an agreement with Ansal only, and Samyak was not a confirming party, nor had it received any consideration directly. It further alleged that the complaint was the result of collusion between the complainants and Ansal to harass and tarnish Samyak’s reputation.
Authority’s Observations and Findings
HARERA categorically rejected Samyak’s objection on lack of privity, noting that the Agreement For Sale dated 25.06.2018 explicitly recorded Samyak as a confirming party. The Authority found that Samyak and Ansal had entered into a MoU dated 12.04.2013 for the development and marketing of the project, and although the MoU was terminated in November 2020, Samyak later took over the project via possession letter dated 14.10.2021, as directed by the Sole Arbitrator.
The Authority emphasized that under Section 2(zk) of the RERA Act, both landowners and developers who are involved in development, marketing, and sale fall under the definition of “promoter.” Therefore, despite Samyak’s assertions, the Authority held both Ansal Housing and Samyak Projects jointly and severally liable under Section 18(1) of the Act for the delay in handing over possession.
Noting that the project is still incomplete and no OC has been obtained, the Authority ruled that both respondents have failed in their statutory and contractual obligations. It held that the complainants were entitled to delayed possession interest at the prescribed rate of 11.10% per annum, computed from the revised due date of possession (30.06.2021) until the date of valid offer of possession plus two months after obtaining the OC, or the actual date of possession—whichever is earlier.
Directions Issued
The Authority passed the following directions:
Payment of Interest: Both respondents shall jointly and severally pay interest at the rate of 11.10% p.a. for each month of delay from 30.06.2021 until two months post-issuance of the OC or actual possession, whichever is earlier.
Possession of Unit: Respondents were directed to hand over the unit to the complainants within two months from obtaining the Occupation Certificate.
Execution of Conveyance Deed: The respondents must execute and register the Conveyance Deed within three months after obtaining the OC, subject to payment of stamp duty by the complainants.
Monthly Interest Payment: Arrears of interest from 30.06.2021 till the date of the order must be cleared within 90 days, and thereafter, interest for each month of delay shall be paid by the 10th of the subsequent month, as per Rule 16(2) of the Rules.
The Haryana RERA Authority reaffirmed that both Ansal Housing Limited and Samyak Projects Pvt. Ltd. are promoters under the RERA Act and held them liable for failing to deliver the commercial unit as agreed. The complainants are entitled to monthly interest for the delay, and the respondents must complete possession and registration formalities promptly upon receiving the Occupation Certificate. The complaint was accordingly disposed of with binding directions on both parties.
Appearance
Complainant: Harshit Goyal
Respondents: Amandeep Kadyan(R-1), Shankar Vij (R-2)
Cause Title: Sunil & Ritesh V. M/s. Ansal Housing Limited & Anr.
Case No: Complaint No. 4215 of 2024
Coram: Shri Ashok Sangwan [Member]
[Read/Download order]
