The Haryana Right to Service Commission, while hearing a complaint regarding the delayed possession of a plot in Faridabad, has expressed concern about the allotment of plots before the completion of development works by the Haryana Shehri Vikas Pradhikaran (HSVP).
The matter pertains to Plot No. 47, Sector-89, Faridabad, allotted to Ayush Kataria through HSVP’s e-auction process. In his complaint before the Commission, the allottee stated that, despite completing the payment process and all required formalities in November 2023, possession of the plot has not been handed over even after a considerable period of time. He also submitted that no clear timeline regarding possession had been communicated to him.
In its report submitted before the Commission, Estate Officer-II, HSVP, Faridabad, stated that possession could not be offered due to pending development works at the site.
The department informed that water supply, sewerage and road works have been completed, while electrification work is still underway. It further stated that the earlier possession offer was withdrawn in view of the pending work and that the process for payment of interest on delayed possession has now been initiated.
The allottee has been requested to provide bank details for the same. HSVP also informed that a fresh possession offer will be issued after completion of the electrification work.
While passing its order, the Commission observed that development works should ideally be completed before plots are put up for e-auction so that allottees do not face inconvenience later.
The Commission also noted that citizens invest in such schemes with trust and expect the concerned authorities to ensure the timely completion of essential infrastructure.
The Commission also observed that in cases of delay in handing over possession, the allottee is entitled to interest as per applicable provisions.
It noted that following the Commission’s intervention in similar matters, HSVP has started processing such cases relating to delayed possession.
Sharing more details, spokesperson of the Haryana Right to Service Commission said that the Commission took into account the inconvenience and financial burden faced by the allottee due to rising construction costs, possible loan liabilities and continued delay in possession. Reference was also made to recent observations of the High Court regarding the role of public authorities in ensuring affordable housing for citizens.
The Commission stated that although the matter appeared to warrant higher compensation, under the Haryana Right to Service Act, 2014, it can award compensation only up to Rs 5,000.
Accordingly, HSVP has been directed to pay Rs 5,000 as compensation to Ayush Kataria within 15 days and submit a compliance report by June 5.
The Commission further directed that HSVP may initially release the compensation amount from its own funds and later recover it from the officials concerned after completing due inquiry, if required.
The Commission clarified that the allottee is free to approach appropriate forums, including the Consumer Commission or the High Court, for seeking any additional compensation relating to financial loss, mental harassment or other difficulties arising out of the delay.
