the Gurugram District Consumer Forum has ordered Deluris Buildtech India Pvt Ltd to compensate a homebuyer for the delay in handing over a flat in its Zara Rossa project located in Sector 112. The buyer, Nitin Gupta, had booked a 590 sqft flat in November 2017 for ₹22.8 lakh, with possession promised by November 2021. However, the flat was not delivered on time, and the delay has led to significant financial losses for Gupta, who continues to pay rent and housing loan interest.
The forum applied the “principle of parity,” stating that if buyers are penalized for delayed payments, developers must also compensate for delays in possession. The forum directed Deluris Buildtech to pay interest on the amount deposited by Gupta at the rate of 9% per annum, starting from November 2021 until the actual possession of the flat, including a valid occupancy certificate. In addition to the interest, the developer was ordered to pay ₹1 lakh as compensation for mental harassment and financial losses, as well as ₹25,000 towards litigation fees.
Gupta’s case was backed by repeated notices from H-Rera, which had warned the developer about non-compliance with regulations. The forum noted that the developer’s repeated lapses demonstrated a disregard for the law, emphasizing the habitual delays in the builder’s past projects, such as the Zara Avaas project in Sector 107, which had also faced significant delays. While the builder argued that construction delays were due to unavoidable circumstances, the forum held the builder accountable for the inconvenience caused to the buyers. This ruling underscores the consumer’s right to timely delivery and fair compensation in case of delay, setting a precedent for future housing-related disputes in the region.
