Adjudicating Officer Rajender Kumar of the Haryana Real Estate Regulatory Authority (HRERA), Gurugram, has dismissed a complaint by homebuyers in the Adani M2K Oyster Grande project who sought additional litigation compensation after already accepting delayed possession interest.
The ruling, delivered in open court on May 26, 2026, clarifies that once an allottee accepts delayed possession compensation (DPC) and chooses to remain in a project, they cannot seek further monetary damages for the same delay. Complainants Dr.
Kumar Rajiv and an associate had requested ₹75,000 in litigation expenses from the developer, Adani M2K Projects LLP, following a years-long dispute over their Sector 102/102A residence.
HRERA clarifies limits on delayed possession compensation for ongoing allottees
The core of the dispute rests on the interpretation of Section 18(1) of the Real Estate (Regulation and Development) Act, 2016. Adjudicating Officer Rajender Kumar noted that the legislature did not intend to provide multiple layers of compensation if a buyer decides to stay with the developer.
He stated that because the homebuyers had already been granted interest for the delay, there was no legal justification for awarding separate compensation for the exact same cause of action.
This decision underscores the distinction between buyers who withdraw from a project and those who stay. Under RERA, those who exit are entitled to a full refund with interest and potential further compensation.
However, for those continuing, the law primarily focuses on restoring the “time-value” of money through interest payments until the unit is handed over. Understanding these mandatory rights of NRIs under the RERA Act and domestic buyers alike is crucial for managing expectations during litigation.
Timeline of the Adani M2K Oyster Grande dispute
The legal battle began long before this May ruling. The complainants initially applied for their unit in October 2012, paying a booking amount of ₹27 lakh. By the time a formal Buyer’s Agreement was executed in September 2013, the project—Oyster Grande—was slated for delivery within four years.
This set an original due date of September 13, 2017. Despite the homebuyers paying more than 95% of the total ₹1.63 crore cost, the offer of possession only arrived in February 2019.
A previous HRERA order on April 20, 2023, had already sided with the buyers, directing Adani M2K Projects LLP to pay DPC at a rate of 10.70% per annum.
While the developer attempted to appeal this at the Haryana Real Estate Appellate Tribunal (HREAT), the case was dismissed in September 2025 due to a failure to make the required pre-deposit. This history of non-compliance led the homebuyers to seek the additional litigation costs that were ultimately denied in the latest ruling.
| Project Detail / Milestone | Specification / Date |
|---|---|
| Project Name & Location | Oyster Grande, Sector 102/102A, Gurugram |
| Total Apartment Cost | ₹1,63,15,227 |
| Amount Paid by Complainants | ₹1,56,07,113 (Over 95%) |
| Original Delivery Deadline | September 13, 2017 |
| Awarded Interest Rate (DPC) | 10.70% per annum |
Implications for real estate dispute resolution
The ruling serves as a stern reminder that RERA is designed to balance the scales of justice rather than provide windfalls. By denying the ₹75,000 claim for litigation fees, the Authority has signaled that DPC is considered an exhaustive remedy for the delay itself. Many buyers, including the Bharatiya Nyaya Sanhita simplifies property disputes, the focus remains on the specific statutory remedies provided within the RERA framework rather than common law tort claims.
Frequently Asked Questions
Can I claim both interest and compensation if I stay in the project?
According to this HRERA ruling, if you choose to stay in the project (not withdraw), your remedy is typically limited to the Delayed Possession Compensation (interest). You cannot usually seek additional amounts for the same delay once that interest has been awarded.
What happened to the developer’s appeal in this case?
Adani M2K Projects LLP attempted to challenge the initial 2023 order, but the Haryana Real Estate Appellate Tribunal (HREAT) dismissed the appeal on September 1, 2025. The dismissal occurred because the developer failed to provide the mandatory pre-deposit required for the appeal to be heard.
What is the current interest rate for delayed possession in Haryana?
In this specific case, the Haryana RERA directed the developer to pay interest at 10.70% per annum. This rate is usually calculated based on the State Bank of India’s Marginal Cost of Funds based Lending Rate (MCLR) plus a specific percentage, as prescribed under the state’s RERA rules.