Haryana RERA Orders Imperia Structures To Pay Lease Rental To Buyers of Gurugram Office Unit

The Haryana Real Estate Regulatory Authority has directed Imperia Structures Ltd to pay lease rental to buyers of a commercial unit in its Gurugram project in line with commitments made under a Memorandum of Understanding between the parties.

A bench led by Chairperson Arun Kumar ordered the builder to pay lease rental to the complainants until the space is leased out to an intended lessee, stating: “Promoter is directed to pay lease rental at the agreed rate i.e. @ Rs. 50 per sq. ft. per month on 500 sq. ft. to the complainants from the date of valid offer of possession i.e. 06.07.2020 till the offered space is leased out to intended lessee, as per the terms of memorandum of understanding dated 06.12.2011.”

The dispute arose from a 2011 booking of a 500 sq ft office unit in the Imperia Mindspace project for about 34.45 lakh. The complainants paid roughly 29.92 lakh and entered into a Memorandum of Understanding on December 6, 2011 under which the developer agreed to pay an assured rental of 53.50 per sq ft per month until possession and 50 per sq ft thereafter until the unit was leased to a tenant.

They alleged that although a valid offer of possession was later issued, the developer failed to pay the agreed lease rent and subsequently issued a notice in April 2025 demanding holding and maintenance charges.

The developer opposed the complaint, arguing that the claim was barred by limitation and that the complainants themselves delayed execution of the conveyance deed despite repeated communications. The authority rejected these objections, observing that the obligation to pay lease rental continued so long as the unit had not been leased out and therefore constituted a continuing cause of action.

Referring to the MoU, the authority reproduced the clause under which the developer had assured rental payments

“That the Developer will pay Rs.53.50/- per sq. ft. per month on 500 sq. ft. as an assured return to the Allottee(s) from OCT, 2012 till offer of possession of the Space. Thereafter, the Developer shall pay Rs. 50/- per sq. ft. per month on 500 sq. ft. as assured rental till the offered space is leased out to intended Lessee.”

Finding that the unit had not been leased out even after the valid offer of possession in July 2020, the authority held that the developer had failed to fulfill its contractual obligation.

The authority also considered the builder's demand for holding and maintenance charges. It noted that the occupation certificate for the tower was issued on 2 June 2020, while the valid offer of possession was made later on 6 July 2020.

In these circumstances, the authority held that maintenance could be charged only from the date of the offer of possession and not earlier. The demand for holding charges was therefore set aside.

The developer was also directed to execute the conveyance deed in favour of the complainants within three months.