Legal and RERA
Gurgaon Greens buyers keep right to claim delay interest after possession, High Court rules
The Punjab and Haryana High Court has held that Gurgaon Greens homebuyers in Emaar's Sector 102 project do not lose their right to seek delay interest merely because they took possession or executed a conveyance deed. The court sent the cases back to Haryana RERA to decide whether each complaint was filed within a reasonable time, as of 22 October 2026.
| Court and judge | Punjab and Haryana High Court, Justice Jagmohan Bansal; judgment reported as dated 5 October 2026 |
|---|---|
| Case name | Emaar India Limited v. Poonam Goel and another, RERA-APPL No. 146 of 2026 |
| Batch size | 47 appeals filed by Emaar India in matters involving Gurgaon Greens buyers, Sector 102, Gurugram. One report puts the number of buyers still pursuing interest claims at nearly 50 |
| Lower-tribunal ruling | Haryana Real Estate Appellate Tribunal, Appeal No. 946 of 2024 and connected appeals, decided 2 July 2026 |
| Authority order | Haryana RERA, August 2024: 11% per annum interest for each month of delay, from 16 November 2016 until the offer of possession in May 2019 |
| Claim size | Rs 20 lakh to Rs 40 lakh per buyer, in addition to home loan and EMI costs, according to one report |
| Next step | Cases remitted to Haryana RERA; buyers listed to appear on 16 October 2026, with disposal within four months per one report |
What the High Court decided
The High Court rejected the developer's argument that a buyer's contract ends once possession is handed over and a conveyance deed is executed. Justice Jagmohan Bansal held that neither step takes away an allottee's right to file a complaint seeking interest for delay.
The court did not decide the limitation question. It sent the matters back to Haryana RERA to test whether each complaint was brought within a reasonable period. RERA law does not set a fixed limitation period for these complaints, the court noted, but an allottee cannot stay inactive indefinitely.
Where possession and the conveyance deed are both complete, the court indicated that three years from the date of possession would ordinarily be a reasonable period for approaching the authority. One legal summary says the three-year figure excludes the COVID-19 period. The same summary describes the promoter's liability under Section 18(1) of the Real Estate (Regulation and Development) Act, 2016 as mandatory; that is one report's wording of the judgment.
Lead case timeline
The lead case involves Poonam Goel and Ajay Goel of Ghaziabad. The dates below come from the tribunal order, the authority order and reports on the judgment.
| Date | Event |
|---|---|
| January 2013 | Apartment booked in Gurgaon Greens, Sector 102 |
| 28 January 2013 | Allotment letter for a 1,650 sq ft unit |
| 22 April 2013 | Buyer's agreement executed; total sale consideration Rs 96,40,123 |
| 16 November 2016 | Due date for possession |
| May 2019 | Occupation certificate obtained; possession offered the following day |
| December 2019 | Flat handed over, per one report |
| 3 February 2020 | Conveyance deed executed |
| 15 September 2022 | Complaint filed before Haryana RERA seeking delay interest |
| August 2024 | Haryana RERA directs interest at 11% per annum for each month of delay |
| 2 July 2026 | Haryana REAT dismisses the developer's appeals and upholds compensation |
| 5 October 2026 | Punjab and Haryana High Court judgment, as reported |
The buyers paid Rs 98,39,686 against the stated consideration of Rs 96,40,123, according to the complaint and the reports.
Earlier rulings in the chain
The tribunal heard the developer's arguments that no delay claim survived the conveyance deed and delivery of possession, and that the complaints were barred by limitation. It rejected both. It also held that the Limitation Act cannot be used to defeat a remedy created under the RERA law for the protection of allottees. The tribunal's order upheld delay-compensation orders in the Gurgaon Greens and Orchard Avenue projects.
The developer's counsel at the tribunal was Senior Advocate Kunal Dawar, assisted by several advocates. The tribunal bench comprised Chairman Justice Rajan Gupta and members Dr. Virender Parshad and Dinesh Singh Chauhan.
Scale of the dispute
One report says nearly 50 buyers in the Sector 102 project are still pursuing interest claims for homes delivered after their promised dates. The High Court batch is described as 47 appeals involving Emaar India and Gurgaon Greens buyers. These figures count different things and should not be read as the same number.
The same report says each buyer has spent more than 20% of the claim amount on litigation. One buyer quoted in that report, Jyotsna Kumar, says her dispute has lasted 14 years after she booked in 2012 with possession promised by 2016 and keys received in December 2018.
What it changes for buyers and investors
For buyers in Gurgaon Greens who have already taken possession, the ruling means a delay claim is not closed by the keys or the conveyance deed alone. Buyers who accepted possession under pressure, often after paying most of the price and servicing a loan, can still bring a complaint if it is timely.
The timing of a complaint now carries the weight. A buyer must be able to show the filing came within a reasonable period, and the cost of a longer fight falls on the buyer in the meantime. Investors holding units in the project should check the possession and conveyance dates on their own file against the three-year guidance.
What happens next
Haryana RERA must decide whether each buyer's complaint was filed within a reasonable period. The dates that matter include the due date in the buyer's agreement, the date of the offer of possession, and the date of the complaint. The buyers were listed to appear before the authority on 16 October 2026, with the cases to be disposed of within four months, according to one report.
The High Court judgment leaves open a further appeal by the developer, but no filing date has been reported.
Frequently asked questions
Does taking possession end a buyer's right to claim delay interest?
No. The Punjab and Haryana High Court held that handing over possession or executing a conveyance deed does not take away an allottee's right to file a complaint seeking interest for delay.
Is there a deadline to file a delay claim?
RERA does not set a specific limitation period for these complaints, according to the High Court. The court said an allottee cannot remain inactive indefinitely and indicated that three years from possession would ordinarily be reasonable where possession and conveyance are complete. The tribunal had separately held that the Limitation Act does not apply to RERA complaints.
What interest rate did the authority order?
In August 2024, Haryana RERA directed Emaar to pay 11% per annum for every month of delay, from the November 2016 due date until the May 2019 offer of possession.
How many buyers are affected?
One report says nearly 50 buyers in the Sector 102 project are still pursuing interest claims. The High Court batch is 47 appeals. The two counts measure different things.
What happens to the cases now?
The High Court sent the matters back to Haryana RERA to decide whether each complaint was filed within a reasonable period. Buyers were listed to appear on 16 October 2026, with disposal within four months, according to one report.