Gurugram: In a significant ruling, the Real Estate Regulatory Authority (RERA), Gurugram has directed Imperia Structures Limited to pay Rs 55 lakh as compensation to homebuyers for loss of property appreciation, along with additional amounts for mental harassment and litigation costs.
The order was passed while adjudicating a complaint filed by Harjeet Kaur Dhillon and HS Dhillon against the builder. Apart from the Rs 55 lakh compensation, the authority also awarded Rs 1 lakh for mental agony and harassment and Rs 50,000 towards litigation expenses.
According to the order, the complainants had booked an apartment in the ‘The Esfera’ residential project located in Sector 37C, Gurugram in November 2013. The builder had promised possession within 42 months of the Buyer Builder Agreement (BBA), setting the deadline at May 2017. However, the project was not delivered within the stipulated time.
Frustrated by the delay, the buyers approached RERA in 2019 seeking a refund. In November 2022, the authority ordered the builder to refund Rs 73.37 lakh along with applicable interest.
Subsequently, in 2023, the complainants moved the RERA Adjudicating Court seeking additional compensation for the loss of property value, mental distress, and legal expenses.
The adjudicating officer observed that the buyers had paid nearly 95% of the total sale consideration—Rs 73.37 lakh out of Rs 78.15 lakh—by June 2017. Despite receiving timely payments, the builder failed to hand over possession, thereby violating the rights of the homebuyers.
“The respondent builder, despite receiving substantial payments, did not deliver possession of the unit, causing financial loss and mental distress to the complainants who invested their life savings,” the order noted.
The ruling reinforces RERA’s commitment to protecting homebuyers and holding developers accountable for delays and unfair practices in the real estate sector.