Haryana RERA orders Ocus Skyscrapers Realty to pay 10.8% interest for late handover
Haryana RERA has directed Ocus Skyscrapers Realty to pay 10.8% interest to homebuyer Archana Dubey for delaying possession of a commercial unit in its Gurugram project Ocus 24K. The possession was due by 16 Dec 2018 but was offered on 18 Jul 2019. The developer must clear the arrears within 90 days
GURUGRAM: The Haryana Real Estate Regulatory Authority (HRera) has ordered Ocus Skyscrapers Realty to pay interest at 10.8 per cent per annum to a homebuyer for the delayed handover of a commercial unit in its Gurugram project Ocus 24K. The arrears must be cleared within 90 days.
Homebuyer Archana Dubey, a resident of Sector 46, had entered into a buyer’s agreement on 16 Dec 2013 for a 419 sq ft unit (G-119) in the commercial project located in Sector 68. Possession was contractually due within 60 months, or by 16 Dec 2018. The occupation certificate was granted on 17 Jul 2019 and possession was formally offered the next day, making the delay roughly seven months.
HRera found the developer in breach of Section 11(4)(a) of the RERA Act for failing to hand over possession by the contractual due date. Applying Section 18(1) read with Rule 15 of HRera Rules, the authority ordered the developer to pay interest at 10.8 per cent per annum — calculated as the State Bank of India’s marginal cost of lending rate plus 2 per cent — on the amount paid by Dubey from 16 Dec 2018 until 18 Sep 2019, accounting for a two-month grace period after the offer of possession as mandated under Section 19(10) of the Act.
The order, passed by HRera chairman Arun Kumar on 17 Jul 2026, also directed the developer to execute the conveyance deed within three months and barred it from levying any charge outside the scope of the original buyer’s agreement.
HRera rejected several of Dubey’s more serious allegations, including claims of fraud in the allotment process and in obtaining statutory clearances. Dubey had alleged that two commercial units she held with the developer — G-215 in Ocus Medley (Sector 99) and G-119 in Ocus 24K — had been fraudulently conflated to divert funds and change her allotment without consent. The authority dismissed this specific ground but proceeded to adjudicate the delayed-possession claim on its merits.
On allegations that the occupation and completion certificates were fraudulently procured and that the project remains incomplete with construction debris on site, HRera declined to intervene, holding that these matters fall outside its jurisdiction. It directed Dubey to approach the director of town and country planning or a competent civil court.
