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Haryana RERA has ruled against Shine Buildcon for a four-year delay in handing over a commercial unit at '70 Grandwalk' Sector 70, booked in 2014. Possession, due by mid-2019, was only offered in late 2023. The developer's defence citing demonetisation, GST, and COVID-19 was rejected as insufficient. RERA ordered Shine Buildcon to pay 11.1% annual interest on the buyer's payments, from the due possession date to actual offer or two months post-occupation certificate-whichever is earlier. The amount must be settled within 90 days, and possession delivered within 30 days thereafter. The builder is barred from imposing extra charges beyond the original agreement.
Haryana RERA ruled in favour of a complainant who had alleged that Shine Buildcon had failed to deliver possession of a commercial unit within the promised timeframe. The buyer had booked the shop on the ground floor of the '70 Grandwalk' commercial complex in Sector 70 during 2014 and executed a builder-buyer agreement in mid-2015. The agreement specified that possession would be granted within forty-two months, including a grace period. This meant the developer was obligated to deliver the unit by mid-2019. However, the possession was formally offered only in late 2023, marking a delay of over four years. Advertisement
In its defence, Shine Buildcon had claimed that various force majeure events-such as demonetisation, introduction of the Goods and Services Tax, environmental restrictions on construction, and the covid-19 pandemic-were responsible for the delay. However, RERA dismissed these arguments, noting that such events were of limited duration and could not justify a prolonged delay. The authority observed that the builder had failed to adhere to the timelines agreed upon in the buyer's contract.
As part of its ruling, RERA instructed the developer to pay interest at a rate of 11.1 percent per annum on all payments made by the complainant, applicable from the due date of possession until the actual offer of possession or two months after obtaining the occupation certificate, whichever was earlier. This interest is to be cleared within a period of 90 days. Moreover, the developer has been ordered to hand over possession within 30 days of this settlement and to execute the conveyance deed accordingly.
RERA also directed Shine Buildcon not to levy additional charges that were not originally included in the sale agreement. This includes items such as inflated parking fees, club membership charges, and other ancillary demands. Utility charges are to be levied strictly in proportion to actual usage.
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