RERA Punjab (2026.11.02) in Ms. Richa Verma vs. M/s. Sushma Buildtech Ltd. [GC No. 0451/2024] held that;
The Hon'ble Supreme Court in Newtech Promoters and Developers Pvt. Ltd. v. State of U.P. (Civil Appeal Nos. 6745-6749 of 2021) has also upheld that amounts payable under Section 18 of the RERD Act, 2016 with interest may be recovered as arrears of Land Revenue under Section 40(1) of the Act. In view of this Bench of Authority, the promoter has failed to give possession by the extended date of 05.06.2022, the delay is established, and the complainant is entitled to interest for every month of delay at the rate prescribed by Rule 16 of the Rules,
Excerpts of the order;
# 1. The present complaint dated 24.12.2024 has been filed by Ms. Richa Verma (hereinafter referred to as the complainant) under Section 31 of the Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as the 'RERD Act, 2016') read with Rule 36 of the Punjab State Real Estate (Regulation and Development) Rules, 2017 (hereinafter referred to as the Rules) against M/s Sushma Buildtech Ltd. (respondent no. 1, hereinafter referred to as the promoter) and Kotak Mahindra Bank Ltd. (respondent no. 2, hereinafter referred to as the bank), in respect of Residential Unit No. K-804, 3 BHK, Tower K, in the project Sushma Crescent, situated at Kishanpura, Sub Tehsil Zirakpur, Tehsil Derabassi, District SAS Nagar (Mohali), registered with this Authority under registration no. PBRERA-SAS79-PR0084.
# 2. The complainant alleges that she applied for the unit on 30.11.2020 and that an Allotment Letter and a Buyer's Agreement (Agreement for Sale) were executed on 05.12.2020 under Customer ID No. SC-0894. The carpet area of the unit is stated to be 979.922 sq. ft. (91.037 sq. mtr.). The total price is stated to be Rs.62,66,274/-, of which the basic sale price is Rs.55,52,300/-. For ready reference, schedule C of the agreement for sell is attached as under:-
2.1 She further alleges that she has paid Rs.52,85,794/- including GST as per the construction linked plan, and that she availed a home loan of Rs.44,40,000/- from the bank vide letter dated 22.01.2021, out of which Rs.36,00,000/- was disbursed to the promoter. It is alleged that, as per Clause 7 of the Agreement for Sale, possession was to be delivered on 05.12.2021; that possession has not been delivered; that the Occupancy Certificate/Completion Certificate (OC/CC) has not been obtained; that neither interest for delay nor compensation has been paid; and that her repeated visits and e-mails have not yielded any result. The complainant prays that the respondents be directed to pay interest for delayed possession under Sections 18 and 19 of the Act as per the Rules on Rs.52,85,794/- till the date of offer of legal possession after obtaining the OC/CC.
# 3. Respondent no. 1 filed its reply dated 17.06.2025. It objects that the complaint is liable to be dismissed for want of jurisdiction, without specifying the ground in detail, and denies the allegations of misrepresentation and fraud. It admits that the complainant applied on 30.11.2020, that the unit (stated to be on the 8th floor, super area 1590 sq. ft.) was allotted vide Allotment Letter dated 05.12.2020 (Annexure R-1) at a basic sale price of Rs.55,52,300/- excluding taxes and other charges, and that an Agreement for Sale dated 05.12.2020 was executed, as per which possession was to be delivered on 05.12.2021 subject to delays caused by force majeure conditions. It contends that the delay was caused by the COVID-19 pandemic, a force majeure event, and relies upon the advisory of the Ministry of Housing and Urban Affairs dated 13.05.2020, the circular of the Maharashtra Real Estate Regulatory Authority dated 18.05.2020, decisions of the State Consumer Disputes Redressal Commissions (Ramesh Kumar v. Omaxe and Raman Kumar v. Omaxe), the decision of the NCDRC in Kishor V. Patil v. Marvel Zeta Developers, and the judgments of the Hon'ble Supreme Court in Dhanrajmal Govindram v. Shyamji Kalidas (AIR 1961 SC 1285) and Ireo Grace Realtech Pvt. Ltd. v. Abhishek Khanna ((2021) 3 SCC 241). It further contends that the Hon'ble Supreme Court, in Fortune Infrastructure v. Trevor D'Lima (Civil Appeal Nos. 3533-3534 of 2017, decided on 12.03.2018), held three years from the date of the agreement to be a reasonable period, so that, with the force majeure period, the reasonable timeframe aligns with the period within which possession was offered; that this Authority has extended the registration of the project (Annexure R-8); and that the roject is still being developed.
3.1. Respondent no. 1 further pleads that, on expiry of the possession due date, the parties executed a Settlement Agreement dated 16.09.2022 whereby the complainant was adequately compensated for the delay, and that the complainant has received Rs.6,48,452/- as delay possession compensation by cheques, which were encashed. A statement of accounts is relied upon. It is contended that the complainant has not come with clean hands, that she is a defaulter, and that a Termination Letter dated 04.02.2021 records a default of Rs.5,34,328/- and a Demand Letter dated 10.09.2024 records a continuing default of Rs.3,10,930/-. It also relies upon Maula Bux v. Union of India ((1969) 2 SCC 554), Kunwar Chiranjit Singh v. Har Swarup (AIR 1926 PC 1) and Godrej Projects Development Ltd. v. Anil Karlekar (decided on 03.02.2025) for the proposition that earnest money may be forfeited and no interest is payable on the refundable balance where the buyer defaults. It prays for dismissal of the complaint with punitive costs.
# 4. Respondent no. 2 filed its reply (Diary No. 4186 dated 20.06.2025). It submits that it has been wrongly impleaded, that the dispute is between the complainant and the promoter, that it sanctioned a home loan of Rs.44,40,000/- vide Sanction Letter dated 22.01.2021, of which Rs.36,00,000/- was disbursed directly to the promoter on the instructions of the complainant and on the basis of the promoter's certificates of construction progress, that it is neither a promoter nor an allottee within the meaning of Sections 2(zk) and 2(d) of the Act, that it is not a signatory to the Agreement for Sale, and that no relief is sought against it. It prays that the complaint be rejected qua respondent no. 2.
# 5. The complainant filed a rejoinder (served on 23.09.2025). It states that the complaint is maintainable as the project is situated in Punjab and is registered with this Authority; that the complainant is an allottee within Section 2(d) of the Act; that the circular of this Authority dated 28.10.2020 extends force majeure relief to completion dates and statutory compliances falling between 15.03.2020 and 15.09.2020, whereas the Agreement for Sale was executed on 05.12.2020, so that the promoter cannot take the plea of COVID-19; that Clause 9.2 of the model agreement entitles the allottee to interest at the prescribed rate for every month of delay; that the promoter has not obtained the OC/CC; that the complainant has paid Rs.52,85,794/-, stated to be approximately 95% of the total sale price, and the balance is payable at the time of offer of possession; and that the allegation of default is denied.
# 6. The violations and contraventions contained in the complaint were given to the representative of the respondents to which they denied and did not plead guilty The complaint was proceeded for further inquiry.
# 7. That representatives for parties addressed arguments on the basis of their submissions made in their respective pleadings as summarised above. I have duly considered the documents filed and written & oral submissions of the parties i.e., complainant and respondents.
# 8. It is further pertinent to note that during the pendency of the present proceedings, the learned counsel appearing on behalf of respondent no. 1 withdrew his power of attorney on 23.06.2026. Thereafter, no one appeared on behalf of respondent no. 1 before this Bench. However, prior thereto, respondent no. 1 was duly represented through its learned counsel, Sh. Sanjeev Sharma, and had also filed its reply to the complaint. It is observed that respondent no. 1 was afforded ample and repeated opportunities to appear, participate in the proceedings and advance submissions in support of its defence. However, despite the opportunities so afforded, none appeared on its behalf after withdrawal of the power of attorney. No sufficient cause for its continued non-appearance was brought to the notice of this Bench of Authority, nor was any request seeking further opportunity to represent its case received. This Bench of Authority is, therefore, satisfied that respondent no. 1 has been afforded reasonable and sufficient opportunities to participate in the proceedings, but it has failed to avail the same. In these circumstances, no useful purpose would be served by granting further adjournments. Accordingly, the proceedings are being taken forward in the absence of respondent no. 1, and the present complaint is being adjudicated on the basis of the pleadings, replies, documents and other material available on record. It is clarified that the non-appearance of respondent no. 1 shall not, by itself, be construed as an admission of the allegations levelled by the complainant, and the matter is being decided on its own merits and in accordance with law.
# 9. During the arguments, Sh. Mohd. Sartaj Khan, learned counsel for the complainant, submitted that the amount of Rs.6,48,452/- received by the complainant may be deducted out of the interest receivable by her. It was recorded that the OC/CC has not been obtained by the respondent till date. It was further recorded that six months' time on account of COVID-19 is to be given, as the due date of possession falls within. the COVID-19 period extension granted, and that the same was not objected to by the learned counsel for the complainant. It was stated that the complainant had paid Rs.52,85,794/- up to 05.12.2021 and that a further amount of Rs.2,91,495/- was paid by her on 06.09.2023. Ms. Simran Paul, learned counsel for respondent no. 2, submitted that no payment is receivable from the promoter by the bank, that the loan advanced to the complainant has been fully received by the bank, that no dues are pending, and that respondent no. 2 may be dropped from the proceedings. The record placed before this Bench of Authority does not reflect any oral submission on behalf of respondent no. 1 other than reliance on its reply and Annexures R-1 to R-8.
# 10. The following facts are admitted or not disputed. The complainant applied for the unit on 30.11.2020. The Allotment Letter and the Agreement for Sale were executed on 05.12.2020. The basic sale price is Rs.55,52,300/-. The date of possession fixed by the Agreement for Sale is 05.12.2021, as pleaded by the complainant an recorded by the promoter in its reply, which adds that it is subject to force majeure. The project is registered with this Authority and is stated by the promoter to be still under development. The bank disbursed Rs.36,00,000/- to the promoter. The complainant received Rs.6,48,452/- from the promoter as delay compensation under the Settlement Agreement dated 16.09.2022. The OC/CC has not been obtained, as stated at the hearing, and the promoter has not placed on record any OC/CC or any letter offering possession.
# 11. This Bench of Authority finds that the complainant is an allottee within the meaning of Section 2(d) of the RERD Act, 2016. The Allotment Letter and Agreement for Sale dated 05.12.2020 were executed between the parties, the promoter admits the allotment, and it has accepted payments, raised demands and maintains a statement of account in the name of the complainant. The project is registered with this Authority. The complainant alleges failure to give possession by the agreed date and failure to obtain the OC/CC, which are matters relating to Sections 11, 17, 18 and 19 of the RERD Act, 2016. This Authority has jurisdiction to entertain the complaint under Sections 31, 34(f) and 37 of the RERD Act, 2016. The promoter's general objection to maintainability has not been supported by any particulars, and is rejected.
# 12. As regards respondent no. 2, no relief is claimed against it in the complaint, and the statement made on its behalf at the hearing that the loan has been fully received and that no dues are pending has not been shown to be disputed. In the view of this Bench of Authority, no cause of action is established against respondent no. 2, and it is liable to be dropped from the array of respondents. This finding does not adjudicate any right or liability between the complainant and the bank under the loan documents, which are not before this Bench of Authority for adjudication.
# 13. The date of possession fixed by the "Agreement for Sale" is 05.12.2021. The promoter pleads force majeure on account of COVID-19. The record reveals that the Agreement for Sale was executed on 05.12.2020, whereas the circular of this Authority dated 28.10.2020 (Annexure C-1) extends the validity of registration, and the time for statutory compliances, in respect of dates falling on or after 15.03.2020 or between 15.03.2020 and 15.09.2020. However, it was recorded at the hearing that six months' time on account of COVID-19 is to be given and that the same is not objected to by the learned counsel for the complainant. In view of this position, and in the absence of any objection at the time of arguments, a period of six months on account of COVID- 19 is granted to the respondent, so that the date of possession stands extended to 05.06.2022.
# 14. The promoter also contends, relying on Fortune Infrastructure v. Trevor D'Lima, that three years from the date of the agreement is a reasonable period, and that possession was offered within that period. This contention is not accepted. In the present case the Agreement for Sale itself fixes a specific date of possession, which the promoter admits in its reply, and the promoter has not shown that the judgment permits an assumed reasonable period to displace a date agreed in writing. The statement in paragraph 14 of the reply that possession was offered within the acceptable period is not supported by any offer letter, none is listed among Annexures R-1 to R-8, and the same reply states in paragraph 17 that the promoter is still developing the project and has obtained an extension. The extension of the registration granted by this Authority (Annexure R-8) operates as between the promoter and the Authority for regulatory purposes, and it is not shown that it modifies the date of possession agreed with the allottee. It is therefore established from the material on record that possession was not offered by 05.06.2022, and has not been offered till date.
# 15. The promoter alleges default by the complainant and relies on the Termination Letter dated 04.02.2021 and the Demand Letter dated 10.09.2024. The complainant denies any default and states that she paid as per the payment schedule and that the balance is payable at the time of offer of possession. The record placed before this bench of Authority does not establish that the allotment stands cancelled, nor does the promoter plead cancellation or claim forfeiture of any amount or seek any refund. On the contrary, the record reveals that, after the Termination Letter dated 04.02.2021, the promoter itself entered into the Settlement Agreement dated 16.09.2022, paid delay compensation to the complainant, and issued the Demand Letter dated 10.09.2024, and it has been stated at the hearing that a payment of Rs.2,91,495/- was made on 06.09.2023. This conduct of the promoter is inconsistent with the case that the allotment stood terminated. The promoter's own obligation to deliver possession by the agreed date and to complete the project, is independent of the alleged arrears. The alleged amounts of default are not established by any reconciled account on the record. If any payment by the complainant was delayed, the promoter's remedy lies in interest on the delayed payment under Section 19(7) of the Act read with Rule 16 of the Rules, which can be claimed only if specific notice of the delay and of the amount of interest was given to the complainant, and which is left to be adjusted in the manner directed below.
# 16. The Settlement Agreement dated 16.09.2022 (Annexure R-3) is on record. The promoter pleads that the complainant was adequately compensated thereby and is not entitled to any further amount, but the material on record does not establish that the agreement contains an express waiver by the complainant of her statutory right to interest under the proviso to Section 18(1) of the RERD Act, 2016. The complainant's allegation of fraud in respect of that agreement is not supported by particulars or evidence on the record, and was not pressed at the hearing, where her learned counsel himself submitted that Rs.6,48,452/- may be deducted from the interest receivable. It is not disputed that Rs.6,48,452/- was received by the complainant as delay compensation. It is therefore unnecessary to decide the plea of fraud. The amount of Rs.6,48,452/- is to be given credit to the promoter by deducting it from the interest payable, as submitted on behalf of the complainant, and the question whether the Settlement Agreement bars any further interest is not required to be decided beyond this adjustment, which the complainant herself accepts.
# 17. The complainant does not seek to withdraw from the project, and seeks possession, the OC/CC and interest. Her entitlement is therefore governed by the proviso to Section 18(1) of the RERD Act, 2016, under which an allottee who does not intend to withdraw from the project shall be paid by the promoter interest for every month of delay, till the handing over of the possession, at such rate as may be prescribed. The Hon'ble Supreme Court in Newtech Promoters and Developers Pvt. Ltd. v. State of U.P. (Civil Appeal Nos. 6745-6749 of 2021) has also upheld that amounts payable under Section 18 of the RERD Act, 2016 with interest may be recovered as arrears of Land Revenue under Section 40(1) of the Act. In view of this Bench of Authority, the promoter has failed to give possession by the extended date of 05.06.2022, the delay is established, and the complainant is entitled to interest for every month of delay at the rate prescribed by Rule 16 of the Rules, namely the State Bank of India's highest marginal cost of lending rate plus two percent. The State Bank of India's highest marginal cost of lending rate applicable on 15.10.2026 is taken as 8.95 percent, so that the rate of interest is 10.95 percent per annum. Interest is to be calculated from the month following the extended due date, namely 01.07.2022, on the amount of Rs.52,85,794/-, and from 01.10.2023 on the amount of Rs.2,91,495/- paid on 06.09.2023, in accordance with the practice that interest on an amount runs from the month following the month in which it was paid or, if later, from the month following the due date, till the valid offer of possession after obtaining the OC/CC.
# 18.The interest for the delayed period is accordingly calculated up to 31.10.2026, the period for payment of interest being considered from the month following the extended due date or the date of payment, as the case may be. Therefore, the calculation of delayed interest is calculated as follows:-
Total interest Rs.26,06,536/-
Less: delay compensation already received under Settlement (-) Rs.6,48,452/-
Net interest payable up to 31.10.2026 Rs.19,58,084/-
# 19. The interest per month at 10.95 percent per annum is Rs.48,233/- on Rs.52,85,794/- and Rs.2,660/- on Rs.2,91,495/-, which for 52 months from 01.07.2022 and 37 months from 01.10.2023 respectively, up to 31.10.2026, amounts to Rs.25,08, 116/- and Rs.98,420/-, a total of Rs.26,06,536/-. After deducting Rs.6,48,452/- already received by the complainant, the net interest payable up to 31.10.2026 is Rs. 19,58,084/-. From 01.11.2026, interest continues to accrue at Rs.50,893/- per month (Rs.48,233/- plus Rs.2,660/-) till the date of a valid offer of possession after obtaining the OC/CC.
# 20. For the reasons recorded above, the complaint is Partly Allowed. The prayer for interest for delayed possession is allowed to the extent determined above. The prayer for directions to obtain the OC/CC, offer possession and execute the conveyance deed is allowed in the terms below. The prayer for litigation costs is declined. The complaint against respondent no. 2 is not maintainable and is dismissed. Accordingly, the following directions are issued.
# 21. Respondent no. 1 shall pay to the complainant interest at the rate of 10.95 percent per annum on Rs.52,85,794/- from 01.07.2022 and on Rs.2,91,495/- from 01.10.2023, till the date of a valid offer of possession after obtaining the OC/CC. The net amount of interest up to 31.10.2026, after deducting Rs.6,48,452/- already paid, is Rs.19,58,084/-, which respondent no. 1 shall pay to the complainant within 90 days from the date of receipt of this order. From 01.11.2026 respondent no. 1 shall further pay interest at Rs.50,893/- per month till the date of a valid offer of possession after obtaining the OC/CC on an amount of Rs.55,77,289/-.
# 22. Respondent no. 1 shall obtain the Occupancy Certificate/Completion Certificate from the competent authority and, in exercise of the powers under Section 37 of the RERD Act, 2016, shall issue a letter of offer of possession to the complainant within seven days of receipt of the OC/CC, or simultaneously with the offer to any other allottee of the project. The complainant shall take possession within the period provided in Section 19(10) of the RERD Act, 2016 after the valid offer.
# 23. Any amount payable by the complainant to the promoter under the Agreement for Sale at the time of offer of possession shall be adjusted against the amount awarded under this order together with the further monthly interest, and only the net balance shall be payable by the party concerned. The promoter shall demand its dues from the complainant only after paying or adjusting the amount determined in this order. Any claim of the promoter for interest on delayed payments shall be admissible only if specific notice of the delay and of the amount of interest was given to the complainant earlier, and shall be calculated in accordance with Section 19(7) of the Act and Rule 16 of the Rules. Till the entire awarded amount and accrued interest are paid or adjusted, the complainant shall not be liable to pay maintenance charges to the promoter, except where maintenance has been handed over to a Resident Welfare Association or a third-party agency, against which no such adjustment shall be claimed. In case of non-compliance, the net amount of Rs.19,58,084/- up to 31.10.2026 and the further interest at Rs.50,893/- per month from 01.11.2026 shall be recoverable as arrears of land revenue under Section 40(1) of the Act read with the Punjab Land Revenue Act, 1887, and are held to be land revenue for that purpose. The Secretary of this Authority shall issue a Debt Recovery Certificate after 90 days from the date of this order for those amounts, and send it to the jurisdictional Deputy Commissioner, with a copy to both parties by e-mail and speed post. The amount determined as interest upon the delayed period is held "Land Revenue" under the provisions of Section 40(1) of the RERD Act, 2016. The said amounts are to be collected as Land Revenue by the Competent Authorities as provided/authorized in the Punjab Land Revenue Act, 1887 read with section 40(1) of the Real Estate (Regulation and Development) Act, 2016. Any payment to any of the complainants will be considered as payment towards all the complainants and in satisfaction of the decree amount mentioned in this order. The recovery certificate to be issued should specifically mention this direction for the Land Revenue Recovery Authorities. It is directed at the cost of repetition that primarily the promoter i.e. M/s. Sushma Buildtech Ltd. (Respondent no. 1) is responsible for payment of money determined in this order. The proceedings u/s. 40(1) of the RERD Act, 2016 for issue of recovery certificate are additional and a parallel legal remedy to recover the dues determined under this order to be collected by the prescribed authority under Punjab Land Revenue Act, 1874.
# 25. However, at the cost of repetition it is ordered in addition to the discussion and direction at various places in the order as follows:-
i. Respondent no. 1, M/s Sushma Buildtech Ltd., shall pay the complainant interest at the rate of 10.95% per annum on the amounts deposited, as determined in this order, till the date of valid offer of possession after obtaining the OC/CC.
ii. The net interest amount of Rs.19,58,084/- calculated up to 31.10.2026, after adjustment of Rs.6,48,452/- already paid as delay compensation, shall be paid within 90 days from the date of receipt of this order.
iii. Further interest of Rs.50,893/- per month shall accrue with effect from 01.11.2026 till the date of valid offer of possession after obtaining the OC/CC.
iv. Respondent no. 1 shall obtain the requisite Occupancy Certificate/Completion Certificate from the competent authority and issue an offer of possession to the complainant within seven days thereof or simultaneously with the offer made to other allottees of the project.
V. The complainant shall take possession within the period prescribed under Section 19(10) of the Act after receipt of a valid offer of possession.
vi. Any amount payable by the complainant under the Agreement for Sale shall be adjusted against the amount awarded under this order, along with accrued interest, and only the net balance, if any, shall be payable by the concerned party. The promoter shall raise its demand only after payment or adjustment of the amount awarded.
vii. Any claim of the promoter towards interest on delayed payments shall be considered only upon proof of prior specific notice to the complainant and shall be calculated in accordance with Section 19(7) of the Act read with Rule 16 of the Rules.
viii. The complainant shall not be liable to pay maintenance charges to the promoter till the awarded amount along with accrued interest is paid or adjusted, except where maintenance has been handed over to the Resident Welfare Association or a third-party agency.
ix. In the event of non-compliance, the amount due under this order, along with further accrued interest, shall be recoverable as arrears of land revenue under Section 40(1) of the RERD Act, 2016, read with the applicable provisions of the Punjab Land Revenue Act, 1887. The Secretary of this Authority shall issue the requisite Debt Recovery Certificate after expiry of 90 days from the date of this order.
x. The complaint against respondent no. 2, Kotak Mahindra Bank Ltd., stands dismissed, as no cause of action or relief has been established against it.
# 26. The Secretary of this Authority is hereby directed to issue a "Debt Recovery Certificate" after 90 days of receipt of this order, for the balance amount of interest on delayed possession remaining after the adjustment directed above. He will send the Debt Recovery Certificate to the jurisdictional Deputy Commissioner of the District being Competent/ jurisdictional Authority as mentioned in the Punjab Land Revenue Act, 1887 after 90 days of the issuance of this order to be recovered as arrears of "Land Revenue". The complainant & the respondent are directed to inform the Secretary of this Authority regarding any payment received or paid respectively so as to take the same in to account before sending "Recovery Certificate" to the Competent Authority for recovery. Further, Ms. Richa Verma is held to be Decree Holder and the Respondent i.e. M/s. Sushma Buildtech Ltd. as judgment debtor for the purposes of recovery under this order.
# 27. A copy of this order be supplied to both the parties under Rules and file be consigned to record room.
---------------------------------------------------