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Delayed Payment charges for delay in giving possession without occupancy certificate

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The appellant was allotted unit in the project of the respondent at Sonepat as per the agreement dated 25.1.2014 with the possession date of 25.7.2016.   The possession certificate was issued on 1.2.2019 without grant of occupation certificate.  

The appellant claimed DPC from due date of possession till receipt of occupation certificate on the ground that the possession of unit was offered without obtaining occupation certificate.

The promoter contended that although it had applied for occupation certificate on 9.5.2014, it was not granted, the possession certificate was given to the allottee on 1.2.2019 and therefore, he is entitled to DPC till that date only.

RERA Authority had granted DPC from 25.7.2016 to 1.2.2019.   This was challenged by the allotted in the appeal.

REAT HELD that the possession certificate has no value in the eyes of law.   Any offer of possession without occupation certificate would not have any legal sanctity and not a valid offer.  Even if possession of the unit is taken, it would still not take away the right to claim DPC till a valid offer of possession with occupation certificate is made.  

 Judgment dated 18.1.2025 of Haryana Real Estate Appellate Tribunal in Appeal NO.103 of 2022 of Manjeet Singh Rana  Vs. Taneja Developers Infrastructure Ltd with connected appeals.

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