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Five Years Late, Haryana RERA Orders Sunrays Heights to Hand Over Flats with 11% Interest

  • by- Grihik
  • Mar 28, 2026
The Haryana Real Estate Regulatory Authority has directed Sunrays Heights Private Limited to hand over possession of flats to allottees in the affordable housing project '63 Golf Drive' in Sector 63, following a delay of five years. The developer must also pay applicable interest of 10.8 per cent per annum for the delay.
Five Years Late, Haryana RERA Orders Sunrays Heights to Hand Over Flats with 11% Interest

Gurugram, March 28: In a significant ruling that reinforces homebuyers' rights, the Haryana Real Estate Regulatory Authority (HRera) has directed developer Sunrays Heights Private Limited to hand over possession of flats to allottees along with applicable interest, following a delay of five years in the affordable housing project '63 Golf Drive' in Sector 63.

The order came while hearing a batch of complaints, including a lead case filed by Kinshuki Goel, related to the project spread over 5.9 acres. The due date for possession was March 16, 2021, but the developer neither obtained an occupation certificate nor offered possession even years after the promised timeline.

Compensation for Delay

The authority, chaired by Arun Kumar, held that under Section 18 of the Real Estate (Regulation and Development) Act, 2016, an allottee who chooses not to withdraw from the project is entitled to interest for every month of delay until possession is handed over.

The order clarified that the prescribed rate of interest would be linked to the State Bank of India's marginal cost of lending rate (MCLR) plus 2 per cent. Based on the prevailing MCLR of 8.80 per cent as of January 30, 2026, the applicable interest rate works out to 10.8 per cent per annum.

Developer's Defense Rejected

During proceedings, the developer attributed the delay to force majeure conditions, including:

  • Restrictions on mining activities

  • Shortage of raw materials

  • Environmental regulations

  • Disruptions caused by the Covid-19 pandemic

  • GRAP restrictions and lockdowns

However, HRera observed that such delays cannot indefinitely deprive homebuyers of their rightful possession. The authority rejected the developer's contention that buyers had defaulted on payments, noting that such issues do not override statutory obligations to complete and deliver the project.

Key Observations from the Authority

  • Promoters are obligated to fulfill their commitments under the agreement for sale

  • Delays cannot be used as an indefinite excuse to deny possession

  • Buyers who have paid substantial amounts (in some cases over ₹13 lakh) cannot be left waiting indefinitely

  • The developer's financial or operational challenges do not override statutory obligations

What This Means for Homebuyers

The ruling reinforces several key rights for homebuyers:

  • Timely delivery is a statutory obligation, not optional

  • Delay compensation is mandatory under Section 18 of RERA

  • Force majeure excuses have limits and cannot indefinitely delay projects

  • Interest rates are clearly defined based on SBI MCLR plus 2 per cent

Project Background

The '63 Golf Drive' project is an affordable housing development in Sector 63, Gurugram, spanning 5.9 acres. Allottees had paid substantial amounts, with some having paid over ₹13 lakh, expecting possession by March 2021. Five years after the promised date, they are finally set to receive their flats with compensation.

Outlook

This ruling sends a strong message to developers across Haryana that delays in project completion will not be tolerated, and homebuyers will be adequately compensated for the wait. The authority's clear stance on interest calculation and its rejection of prolonged force majeure claims provide a strong precedent for similar cases.

For the allottees of 63 Golf Drive, the order brings long-awaited relief after five years of uncertainty. The developer must now comply with the directive to hand over possession along with the applicable interest, ensuring that homebuyers finally receive what was promised to them.