High Court sends Gurgaon Greens buyers’ delay claims back to Haryana RERA
Possession and conveyance do not by themselves end buyers’ right to seek delay interest, but HRERA must assess whether each complaint was filed within a reasonable period.
Key points
- The High Court held that possession and conveyance do not by themselves bar a complaint for delay interest.
- It sent the buyers’ cases back to HRERA to assess whether they were filed within a reasonable period.
- The court said three years from possession would ordinarily be reasonable where possession and conveyance are complete.
- HRERA had earlier directed Emaar to pay 11% annual interest for delay from November 2016 to May 2019.
The Punjab and Haryana High Court has sent Gurgaon Greens buyers’ complaints seeking interest for delayed possession back to Haryana RERA (HRERA), holding that accepting possession or signing a conveyance deed does not by itself extinguish the right to make a claim. The ruling, delivered on October 5, 2026, concerns buyers of Emaar India’s project in Sector 102, Gurugram. HRERA must now consider whether each complaint was filed within a reasonable period.
The High Court did not decide whether the individual complaints met that test. It noted that the Real Estate (Regulation and Development) Act, 2016, does not set a specific limitation period for these complaints, but said an allottee cannot remain inactive indefinitely. Where possession and the conveyance deed are complete, the court indicated that three years from the date of possession would ordinarily be a reasonable period to approach the authority. This is guidance for HRERA to apply to the cases, rather than a finding that every complaint in the batch is timely.
How the dispute reached the court
One of the cases concerns Poonam Goel and Ajay Goel, who booked a 1,650 sq ft apartment in January 2013. Their agreement set the sale consideration at ₹96.40 lakh and promised possession by November 2016. Emaar obtained the occupation certificate and offered possession in May 2019. The buyers took possession in December 2019, and the conveyance deed was executed by February 2020. They filed their HRERA complaint in September 2022, seeking interest for the delay.
In August 2024, HRERA directed Emaar to pay interest at 11% a year for each month of delay, running from the November 2016 due date to the May 2019 offer of possession. The Haryana Real Estate Appellate Tribunal dismissed Emaar’s appeals on July 2, 2026, and upheld the compensation. Emaar had argued that delivery of possession and execution of conveyance deeds ended the buyers’ claims, and that the complaints were time-barred. The tribunal rejected those arguments. The High Court’s ruling now preserves the buyers’ ability to pursue their claims, while leaving the timing question for HRERA.
What HRERA must decide
The High Court has returned the cases to HRERA for a complaint-by-complaint assessment. The authority will need to consider the relevant dates in each buyer’s case, including the possession timeline and when the complaint was filed. The tribunal had taken the view that the Limitation Act does not apply to RERA complaints because the RERA law does not expressly adopt it. The High Court’s direction makes clear, however, that buyers must still approach the regulator within a reasonable time.
The dispute involves dozens of Gurgaon Greens buyers seeking delay interest. For them, the ruling means that taking the keys or signing a conveyance deed does not automatically close the route to a claim. It does not guarantee an award: HRERA still has to assess whether each complaint was brought in time. For Emaar, the interest liability upheld by the tribunal remains subject to the outcome of that review.
The cases were directed back to HRERA, which is to decide the reasonable-time issue. Buyers should follow the authority’s proceedings and be ready to provide the dates and records relevant to their individual complaints.
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