The Haryana Real Estate Regulatory Authority (Haryana RERA), Gurugram, has held that obtaining an Occupation Certificate does not make an offer of possession valid if the allotted unit is not ready for occupation.
The authority laid down three conditions for a valid offer: the developer must obtain an Occupation Certificate, the unit must be habitable, and the offer must not be accompanied by unreasonable additional demands.
Member Phool Singh Saini of Haryana RERA made the observation while directing Godrej Real View Developers Private Limited to pay delayed possession interest at 10.80% per annum to homebuyers Bindu Bhatia and Priya Chopra.
The authority found that the penthouse in the developer's Godrej Meridien-II project was not ready for possession despite the Occupation Certificate having been obtained.
“The Authority after detailed consideration of the matter has arrived at the conclusion that a valid offer of possession must have following components:
i. Possession must be offered after obtaining occupation certificate.
ii. The subject unit should be in habitable condition.
iii. Possession should not be accompanied by unreasonable additional demands.”
The dispute arose from the purchase of a penthouse in Godrej Meridien-II, Sector 106, Gurugram. Bhatia and Chopra booked the unit on October 25, 2018, and executed an Agreement for Sale on December 4, 2018, for ₹4.70 crore. They paid approximately ₹4.23 crore towards the property.
The agreement set September 30, 2023, as the possession deadline, with a six-month grace period extending it to March 30, 2024.
The buyers filed a complaint on August 1, 2025, alleging that the developer had failed to hand over the unit despite receiving approximately ₹4.23 crore. They also challenged ₹72.51 lakh charged under the head “exclusive area of the unit”, alleging that the developer had calculated the charge on the basis of super area rather than carpet area.
Godrej attributed the delay to COVID-19 restrictions, labour shortages, disruptions in the supply of construction materials and pollution-related construction bans. It maintained that it had obtained the Occupation Certificate on September 30, 2024, and offered possession in January 2026. The developer also claimed that ₹47.98 lakh remained payable by the buyers.
The authority rejected the force majeure defence, noting that the buyers had booked the unit and received the allotment letter before the pandemic. It also observed that the agreement already allowed a six-month grace period, taking the possession deadline to March 30, 2024.
Although Godrej had obtained the Occupation Certificate, it had not handed over physical possession. Referring to an email dated September 10, 2026, the authority observed that some development work remained pending and the developer was not in a position to hand over the penthouse.
“As mere offer of possession of a unit has no meaning and serves no purpose if actual possession of the unit cannot be handed over,” it held.
Haryana RERA declared the possession offer invalid and directed the developer to pay interest at 10.80% per annum on the amount paid by the buyers, calculated from March 30, 2024, until actual handover.
The authority directed Godrej to complete the remaining work in the unit within 30 days. It also ordered the developer not to charge the buyers for anything that did not form part of the Agreement for Sale.
On the disputed charges, the authority held that demands must comply with the agreement and applicable RERA provisions. It observed that charges could not be based on super area instead of carpet area and directed the developer to adjust unlawful charges against the amounts payable.
Godrej must issue a revised statement of account within 30 days, adjusting delayed possession interest and other unlawful charges. The developer must pay the interest accrued up to the date of the order within 90 days.
The buyers must clear any outstanding dues, after adjustment, within 60 days of receiving the revised statement of account.
The authority also directed the developer to execute the registered conveyance deed within 90 days, subject to payment of the requisite stamp duty and administrative charges.
For Complainants (Bindu Bhatia and Priya Chopra): Advocate Harshit Batra.
For Respondent (Godrej Real View Developers Private Limited): Advocate Rohan Malik.