RERA Gurugram Orders NBCC to Compensate Allottee for Loss of Property Appreciation and Mental Agony

Gurugram, March 01, 2026: In a significant ruling for real estate homebuyers, the Real Estate Regulatory Authority (RERA) Gurugram has directed public sector undertaking NBCC (India) Limited to pay substantial compensation to an allottee, including a specific payout for the loss of property appreciation. The order, delivered by Adjudicating Officer Rajender Kumar on February 24, 2026, mandates that NBCC pay complainant Nand Lal a sum of Rs 16,50,000 for appreciation loss, in addition to the original Basic Sale Price (BSP) of the unit.

The case originated in 2018 when Nand Lal booked a 166-square-foot commercial unit at the NBCC Green View project in Sector 37, Gurugram. The project’s viability came under scrutiny in 2020 after NBCC appointed a consultant to assess its structural condition. Following that assessment, the project was declared uninhabitable, and occupants were advised to vacate for safety reasons. While NBCC offered a refund of the unit cost and incidental expenses, the complainant moved RERA after being dissatisfied with the offered terms, seeking a refund based on the prevailing market value.

Beyond the loss of appreciation, the Authority has ordered NBCC to pay Rs 1,00,000 for mental agony, Rs 2,00,000 to cover losses related to shop interior work, and Rs 50,000 to cover litigation costs. The Adjudicating Officer specified that these amounts must be paid along with interest at a rate of 10.85% per annum from the date of the order until the realization of the full amount.

The ruling highlights a stark rise in local property values that the allottee missed out on due to the project’s failure. The order noted that the unit was originally allotted at a rate of approximately Rs 11,700 per square foot, whereas similar properties in the area have since appreciated to roughly Rs 22,000 per square foot. The Authority calculated that the property value had effectively increased by approximately 85% to 88% since the time of investment.

In his detailed order, Rajender Kumar stated, “It is pointed out that the unit in question, which is a commercial shop, measuring 166 sqft was allotted to the complainant for a sale consideration of Rs 19,42,200 – basic sale price – and it comes to Rs Rs 11,700/sqft. As per AI overview, the rates of similar properties appreciated to Rs 22,000/sqft or in other words the property is appreciated 88 percent. 

Even if it is presumed that the value of a commercial shop would have increased to 85 percent in that area. Amount of Rs 19,42,200 – if invested in some other similar projects would have appreciated to Rs 16,50,870 – and as pointed out earlier order of the Authority the amount paid by complainant has already been ordered to be refunded. Considering all this, the complainant is allowed a sum of Rs 16,50,000 – as loss of appreciation to be paid by the respondent NBCC (India) Limited.”

The directive further clarified the timeline for the payout, stating, “The amounts mentioned above in the order be paid by the respondent (NBCC India Limited) to the complainant along with interest at rate 10.85% per annum from the date of this order till realization of the amount.” This decision follows a 2024 ruling by the Authority which had already decided the initial merits of the case in favor of the complainant.