Punjab Real Estate Regulatory Authority (RERA) has ordered Omaxe New Chandigarh Developers Pvt Ltd to pay the interest for delayed possession to two customers from Amritsar city, who had booked a penthouse in 'The Lake', whereas the application made by them regarding refund of charges paid on super area was rejected.

As per the complaints filed under section 31 of the Real Estate Regulation and Development Act, 2016, the buyers have been allotted the penthouse in ‘Tower Mystic-A’ under an allotment cum buyer agreement dated January 4, 2023. The total sale consideration for the property is ₹1.85 crore, from which the complainants have already made payments of more than ₹76 lakh, including GST.

The buyers accused the developer for not providing possession before the due date of July 31, 2023, which was agreed upon in the contract. They even accused the developer of using the concept of super area rather than carpet area in determining the charges, and excess charges were collected.

Nevertheless, Omaxe explained to the concerned authority that it has got the occupation certificate for the same in October 2023 and that the possession has been provided to the buyers in November 2023. It contended that the details regarding carpet area and super area have been clearly specified in the contract and that the buyers have also accepted the prices in the contract.

Upon analysis of the claims and documents, the Punjab RERA partially upheld the claim and stated that the purchasers are entitled to interest on delay in possession as per Section 18 of the RERA Act from July 31, 2023 to January 18, 2024. Nevertheless, the plea seeking refund of super area charges was rejected on the ground that there is no prohibition in the RERA model agreement against selling property on super area.

With reference to the legal maxim of “Pacta Sunt Servanda”, meaning any agreement that has been legally made must be fulfilled, the authority ruled that the complainants did not have any right to claim the refunds of payments that had been agreed in the contract. This order is a part of a string of Punjab RERA orders passed in recent times regarding delayed possession cases pertaining to real estate projects in Mohali and New Chandigarh.