In a significant victory for long-suffering property buyers, the Real Estate Regulatory Authority (RERA) of Punjab has intervened to end a nearly decade-long wait. The authority has ordered a private developer to finally hand over possession of a commercial shop-cum-office (SCO) located in Mohali's Sunny Enclave, Sector 124.
A Decade of Delays and Broken Promises
The directive came following a formal complaint filed by two residents of Mohali's Sector 125, Santosh Machagalath Krishnan and Nisha Puliyoth Nandanan. The duo alleged that despite fulfilling all their financial and legal obligations, the builder consistently failed to grant them physical possession of their property.
Their ordeal began on December 22, 2012, when they booked SCO number 178 in the High Plaza Market. The unit measured 62.22 square yards. An agreement to sell was executed just three days later. While the total price was initially fixed at Rs 31 lakh, the buyers ended up paying a higher sum of Rs 36.48 lakh, covering all demanded charges in full.
By September 19, 2014, the conveyance deed was officially registered in their names, and the mutation was also completed in the revenue records. Legally, the property was theirs. However, the physical reality was starkly different. The project remained incomplete, and the developers did not issue the mandatory partial completion or occupation certificates required under Section 17 of the RERA Act.
Legal Battle and Ex-Parte Proceedings
Despite numerous follow-ups by the allottees, possession was never offered. RERA Punjab stepped in and issued notices to the builder. However, the promoter chose not to appear before the authority to present their side of the case.
Consequently, on June 27, 2025, the case proceeded ex-parte. With no representation from the developer, the evidence submitted by the buyers stood uncontested. Their counsel presented a compelling case, highlighting receipts, the layout plan, and a no-dues certificate. They argued successfully that the promoter had violated statutory obligations, which entitled the allottees to compensation for the extensive delay.
RERA's Directive: Possession and Penalty
After a thorough examination of the record, RERA Punjab delivered a clear and decisive order. The authority has directed the developers to:
- Offer possession of SCO no. 178 within three months from the date of the order.
- Ensure the possession is given strictly as per the terms laid out in the registered conveyance deed.
- Pay interest for the entire period of delay at the rate specified under Rule 16 of the Punjab Real Estate Rules, 2017.
The order also stipulates that the buyers must take possession within one month once the formal offer is made by the developer. This ruling underscores RERA Punjab's firm commitment to protecting homebuyer rights, particularly in cases involving unresponsive and non-compliant developers. It sends a strong message that regulatory bodies will enforce accountability in the real estate sector.
