Homebuyers Who Stay In Project And Receive Delay Interest Cannot Claim Separate Compensation: Haryana RERA

The Haryana Real Estate Regulatory Authority's Adjudicating Officer has dismissed a homebuyers' compensation claim, holding that allottees who choose to remain in a project cannot claim separate compensation for possession delay after already receiving interest for the same delay.

Adjudicating Officer Rajender Kumar observed that an allottee who does not withdraw from a project is entitled to interest for every month of delay until possession is handed over.

"When the complainants have already been allowed delayed possession compensation by the Authority for delay in handing over possession of allotted unit, there is no reason to allow separate compensation for same cause of action i.e. delay in delivering of possession.” the authority ruled.

The homebuyers booked a 1,650 sq. yd. plot in Emerald Floors Premier at Emerald Estate, Sector 65, Gurugram, in September 2009. The Builder Buyer's Agreement was executed on January 14, 2010, for ₹87.61 lakh. They paid ₹88.71 lakh to the builder.

Possession was due by January 14, 2013, but was offered only on January 17, 2020. The homebuyers took possession on March 9, 2020.

The homebuyers had earlier secured interest at 9.40% per annum for the delay, from January 14, 2013, to March 17, 2020. In the present complaint, they sought ₹15 lakh for mental agony and physical suffering, ₹3 lakh in legal expenses and ₹55.90 lakh for loss of rental income.

Their counsel argued that additional compensation could still be awarded under Section 72 of the RERA Act. The builder opposed the claim, pointing out that the homebuyers had accepted possession and had already received ₹53.32 lakh in September 2025.

He also relied on the Haryana Real Estate Appellate Tribunal's decision in Tata Housing Development Company Limited v. Nitin Singhal and Surendra Kumar Singhal, which took a similar view.

The complaint was accordingly dismissed.