HRERA Orders Ansal Phalak to Pay 10.8% Interest Over a Decade-Long Possession Delay in Sector 67

A Gurugram couple booked an independent floor in 2012. The developer promised possession by February 2016. Ten years later, there was still no occupation certificate and no handover — and on August 14, 2026, the Haryana Real Estate Regulatory Authority (HRERA), Gurugram ordered the developer, Ansal Phalak Infrastructure, to pay them interest at 10.8% a year until it finally makes a valid offer of possession.

The case involves the Sovereign Floors segment of Ansal’s Esencia project in Sector 67, on the Golf Course Extension Road side of the city — independent/builder-floor stock, not a high-rise. If you’re buying resale in an older Gurgaon project, or you already own a unit that’s been delayed, this order is worth reading closely.

What HRERA Actually Ordered on August 14, 2026

HRERA Chairman Arun Kumar directed Ansal Phalak Infrastructure to pay the complainants, Samir and Suman Chitkara, interest on the amount they’d paid — calculated from February 21, 2016 (the stipulated possession date) until the date of a valid possession offer. The authority gave the developer 90 days to clear the interest that had already accrued, and ordered it to keep paying the monthly amount before the 10th of every following month until possession is actually offered.

Three other directions stand out:

• Possession within 30 days of the occupation certificate. Once Ansal Phalak finally gets its OC, it has 30 days to hand the unit over.
• No holding charges. HRERA specifically barred the developer from charging the buyers anything for “holding” the unit — a fee some developers try to levy on delayed handovers.
• Conveyance deed under Section 17(1) of the RERA Act. The developer must execute the deed once possession is offered, not leave the buyer’s title in limbo.

The authority held that Ansal Phalak had violated Section 11(4)(a) of the RERA Act, which requires a promoter to honour its own agreed timelines and obligations.

Ten Years Past the Promised Handover

The Chitkaras’ buyer’s agreement for unit D1561SF — a 1,572 sq. ft. floor with a sale consideration over ₹1.2 crore — was executed on August 21, 2012. The agreement gave the developer 36 months to build plus a 6-month grace period, putting the promised possession date at February 21, 2016.

That date came and went. By the time the order was passed in August 2026, the project still had no occupation certificate and no possession had been offered — a delay of more than ten years past the contractual date.

There’s also a payment dispute worth noting: the Chitkaras told HRERA they’d paid ₹1,04,86,215 towards the unit, but the payment receipts on record showed only ₹24,69,412. The buyers also alleged premature payment demands and said their repeated requests for a possession update went unanswered. Ansal Phalak didn’t contest the complaint on merits — after an ex parte order in August 2025, its counsel filed only a memo of appearance, without disputing the buyers’ case.

Case at a Glance

How the 10.8% Interest Rate Was Calculated

The rate isn’t arbitrary — Haryana RERA rules peg possession-delay interest to the State Bank of India’s marginal cost of lending rate (MCLR) plus 2%. As of the order date, SBI’s applicable MCLR stood at 8.80%, which is how the authority arrived at 10.80% per annum. Because it floats with SBI’s MCLR, the same formula applies to any Haryana RERA possession-delay case, not just this one — worth knowing if you’re weighing a claim of your own.

HRERA left one part of the case open: the Chitkaras’ claims for litigation costs and compensation for alleged harassment weren’t decided in this order. Those have been referred to a separate adjudicating officer.

Why an Unfinished Project Still Falls Under RERA — Even Years Later

A question that comes up often with older Gurgaon colonies: if a project was booked years before RERA existed (the Act came into force in 2016), does the regulator even have jurisdiction? HRERA’s reasoning here answers that directly. Because Esencia had never obtained an occupation certificate, the authority treated it as an ongoing project still covered by the RERA framework — the developer couldn’t argue the possession obligation had been fulfilled just because a buyer’s agreement predates the Act. In practice, a promoter can’t outrun RERA simply by delaying long enough; the absence of an OC keeps the project — and the developer’s obligations — live.

That matters for how to verify RERA and legal status before you buy: a pre-RERA booking date doesn’t mean you’re outside RERA’s protection if the unit still hasn’t been handed over.

What This Means If You’re Buying — or Already Own — an Older Builder Floor

Gurgaon’s builder-floor stock skews older than its apartment towers, and a meaningful share of it sits in colonies developed well before 2016. A few practical takeaways from this order:

• Check OC status before assuming a project is “complete.” A project can look finished — occupied, even — and still be legally “ongoing” if it never got an occupation certificate. That has real consequences for title and for who’s still on the hook if something goes wrong.
• Search the developer’s name on the HRERA Gurugram portal, not just the project name. Complaints and orders are searchable by promoter. It’s free, and it’s the fastest way to see whether a developer has a pattern of delayed handovers.
• A “ready to move” listing isn’t the same as a legally offered possession. If the seller can’t show a possession letter tied to an OC, ask why.
• Payment receipts matter more than what a seller tells you was paid. The gap in this case between the claimed and receipted amounts is a reminder to get your own paper trail, not someone else’s account of it.

This is part of the due-diligence checklist we run for builder floor buyers on any resale floor, old or new.

It’s also worth reading alongside HRERA’s four-month deadline extension issued earlier this month and the Stilt+4 freeze and other HRERA actions this year — together they show a regulator that’s been unusually active through August 2026, both giving developers room on genuine supply-chain delays and coming down hard where a project has simply gone quiet for a decade.

What Hasn’t Happened Yet

To be clear about where things actually stand: the order requires Ansal Phalak to pay accrued interest within 90 days of August 14, 2026 — that compliance window runs to roughly mid-November 2026. It does not mean possession has been handed over, and it does not mean the occupation certificate has been granted; both remain outstanding as of this order. The developer retains the right to appeal to the Haryana Real Estate Appellate Tribunal, so this isn’t necessarily the final word on the case. Buyers considering any unit in this project should treat “order issued” and “possession delivered” as two very different things.

Frequently Asked Questions

What did HRERA order in the Ansal Phalak Esencia case?
On August 14, 2026, HRERA Gurugram directed Ansal Phalak Infrastructure to pay 10.8% annual interest to homebuyers Samir and Suman Chitkara for a possession delay on their Sector 67 independent floor, from February 2016 until a valid possession offer, plus arrears within 90 days and a bar on holding charges.

What interest rate applies to RERA possession-delay cases in Haryana?
Haryana RERA rules set the rate at the State Bank of India’s marginal cost of lending rate (MCLR) plus 2%. With SBI’s MCLR at 8.80% as of August 2026, the applicable rate works out to 10.8% per annum, and it’s recalculated whenever SBI’s MCLR changes.

Can a builder still be held liable under RERA if a project has no occupation certificate?
Yes. HRERA treated the Esencia project as an ongoing project covered by RERA precisely because it lacked an occupation certificate — the developer’s possession obligation isn’t considered fulfilled without one, regardless of how long ago the buyer’s agreement was signed.

How can I check if a Gurgaon developer has pending HRERA complaints before buying?
Search the promoter’s name and the project name directly on the HRERA Gurugram portal (hareraggm.gov.in), which lists registered projects, promised possession dates, and complaint history. It’s free and takes a few minutes — always do this before booking, and again before closing on a resale unit.

Is Esencia’s Sovereign Floors segment currently RERA-registered?
This order treats the project as an ongoing, RERA-covered development because it hasn’t obtained an occupation certificate. Registration numbers and status can change, so verify the current entry for this specific project directly on the HRERA Gurugram portal rather than relying on a portal listing.

What’s the difference between RERA interest and “holding charges”?
RERA interest compensates a buyer for a developer’s delay, calculated on the amount paid. Holding charges are a fee some developers try to bill buyers for “holding” a completed unit before possession — HRERA explicitly barred Ansal Phalak from charging these in this case, since a developer that caused the delay has no basis to charge the buyer for it.

The Takeaway

This order doesn’t just affect the Chitkaras. It’s a reminder that in Gurgaon’s older colonies, “the project is done” and “the project is legally closed” can be years apart — and that gap is exactly where buyer risk sits. Before you put money into a resale independent floor, especially in a project booked well before 2016, the occupation certificate and the developer’s HRERA complaint history tell you more than the listing photos ever will.

If you’re evaluating a specific resale floor and want us to check its OC status, HRERA complaint history, and title chain before you commit, get in touch with Gurgaon Floors.

This article is based on the HRERA order dated August 14, 2026, and related reporting as of August 29, 2026. Regulatory status and appeal outcomes can change; verify current status on the HRERA Gurugram portal before transacting.