M/S Signatureglobal Homes Limited v. Shiv Dayal Arora And Another

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision: December 24th, 2025 Signature Global Homes Limited .....Appellant

Versus

Shiv Dayal Arora and another .....Respondents

CORAM:

HON'BLE MR. JUSTICE VIKAS BAHL

Present:

Mr. R.S. Rai, Senior Advocate and Mr. Kunal Dawar, Senior Advocate with Mr. Rohit Sangam, Ms. Rubina Virmani and Ms. Prachi Gupta, Advocates for the appellant.

Respondent No.1-Shiv Dayal Arora (through V.C.). VIKAS BAHL, J. (ORAL) 1.

Challenge in the present appeal is to the judgment dated 26.10.2023 passed by the Real Estate Regulatory Authority, Gurugram, as also to the judgment dated 23.07.2025 passed by the Haryana Real Estate Appellate Tribunal. The Regulatory Authority, Gurugram, had granted the following relief to the respondents:

"32. Hence, the authority hereby passes this order and issue the following directions under section 37 of the Act to ensure compliance of obligations cast upon the promoter as per the function entrusted to the authority under section 34(f):

i.

The respondent is directed to pay delayed possession charges at the prescribed rate of interest i.e., 10.75% p.a. for every month of delay on the amount paid by the complainants to the respondent from the due date of possession 30.07.2022 till offer of possession

i.e., 01.12.2022 plus two months i.e., up to 01.02.2023.

ii.

The respondent is directed to issue a revised account statement after adjustment of delay possession charges as per above within 30 days and thereafter the complainants are directed to pay outstanding dues, if any, within next 30 days and the respondent shall handover the possession of the allotted unit complete in all aspects as per specifications of buyer's agreement within next 30 days and if no dues remain outstanding, the possession shall be handed over within four weeks from date of this order.

iii.

The rate of interest chargeable from the allottees by the promoter, in case of default shall be charged at the prescribed rate i.e., 10.75% by the respondent/promoter which is the same rate of interest which the promoter shall be liable to pay the allottees, in case of default i.e., the delayed possession charges as per section 2(za) of the Act.

iv.

The respondent is directed to pay arrears of interest accrued within 90 days from the date of order of this order as per rule 16(2) of the rules.

v.

The respondent shall not charge anything from the complainant which is not the part of the flat buyer's agreement.

33. Complaint stands disposed of.

34. File be consigned to registry."

2.

The appeal filed by the present appellant was dismissed vide

order dated 23.07.2025.

3.

On 29.09.2025, this Court was pleased to pass the following order:

"Present:- Mr. Vipul Sharma, Advocate for Mr. Kunal Dawar, Advocate for the appellant.

**** Notice of motion for 27.11.2025.

To be heard along with RERA-APPL92-2025.

The amount of pre-deposit made by the present appellant before the Ist Appellate Court would be released to the complainant, if not already released, subject to the decision of the present appeal and also subject to the complainant furnishing adequate security for the same. To be taken up at 01:45 pm.

29.09.2025"

4.

The complainant/respondent No.1 appearing through V.C. has fairly submitted that the he has not withdrawn the amount deposited by the appellant and the same is lying with the Authority, Gurugram. 5.

During the course of arguments, a consensus has been arrived at between the appellant as well as the complainant/respondent No.1 and it has been agreed that out of 186 days of delay for which the appellant has been held liable, the appellant has been able to give explanation with respect to 31 days and thus, the appellant would now be liable for 155 days of delay. It has been jointly agreed that the Authority be directed to release the

amount in favour of the parties in the proportion which has been agreed which has been detailed in the operative part of the present order. 6.

Keeping in view the abovesaid facts and circumstances and the fair stand taken by the counsel for the appellant as well as by the complainant/respondent No.1, the present appeal is disposed of with the following directions:

(i) From the entire amount which has been deposited by the appellant and is now lying before the Authority and which has been deposited in pursuance of the orders passed in favour of the respondents and also the order dated 29.09.2025 passed by this Court, the amount in the proportion of 155/186 would be released to the complainant/respondents and the amount to the extent of 31/186 would be released to the appellant. 7.

Pending applications, if any, stand disposed of. December 24th, 2025 (VIKAS BAHL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No