JUDGMENT : 

VIKAS BAHL, J.

1. Challenge in the present appeal is to the judgment dated 02.06.2025 passed by the Haryana Real Estate Appellate Tribunal, whereby the appeal of the appellant has been dismissed. Challenge is also to the order dated 30.05.2023 passed by the Haryana Real Estate Regulatory Authority, Gurugram.

2. This Court on 24.12.2025 had decided a bunch of cases; the lead case being RERA Appeal No.92 of 2025 titled as M/s Signature Global (India) Limited Versus Praveen Kumar Gupta with the following observations/directions:

“ ANALYSIS AND FINDINGS:

9. This Court has heard learned counsel for the parties and has perused the paper book.

10. The fact that a specific flat buyers agreement has been entered into the between the appellant and the respondent- allottees in each of the cases has not been disputed before this Court. The agreement entered into between the present appellant and Praveen Kumar Gupta in RERA Appeal No.92- 2025 has been placed on record at page 119 of the paper book. Clause ‘N’ (page 122), clause 5.1 (page 130), clause 6.1 (page 132) and clause 19 (page 145) of the said agreement are reproduced hereunder:-

“N. The Parties, relying on the confirmations, representations and assurances of each other to faithfully abide by all the terms, conditions and stipulations contained in this Agreement and all applicable laws, are now willing to enter into this Agreement on the terms and conditions. appearing hereinafter.”

“5.1 Within 60 (sixty) days from the date of issuance of Occupancy Certificate, the Developer shall offer the possession of the Said Flat to the Allotee(s), Subject to Force Majeure circumstances, receipt of Occupancy Certificate and Allotee(s) having timely complied with all its obligations, formalities or documentation, as prescribed by Developer in terms of the Agreement and not being in default under any part hereof including but not limited to the timely payment of installments as per the Payment Plan, stamp duty and registration charges the Developer shall offer possession of the Said Flat to the Allotee(s) within a period of 4 (four) years from the date of approval of building plans or grant of environment clearance, (hereinafter referred to as the "Commencement Date"), whichever is later.”

“6.1 Subject to the Force Majeure conditions, the Developer shall be considered under a condition of default, in the following events:

(i) Developer fails to provide ready to move in possession of the Said to the Allotee(s) on or before 20/08/2021. For the purpose of this Clause, 'ready to move in possession' shall mean that the Said Flat shall be in a habitable condition which is complete in all respects and for which Occupancy Certificate has been issued by the concerned Governmental Authority;

(ii) Discontinuance of the Developer's business as a developer on account of suspension or revocation of his registration under the provisions of the Act.”

“19.1 "Force Majeure" means any event or combination of events or circumstances beyond the reasonable control of the Developer which cannot (a) by the exercise of reasonable diligence, or (b) despite the adoption of reasonable precaution and/or alternative measures, be prevented, or caused to be prevented, and which adversely affects the Developer's ability to perform including but not limited to the following:

a. act of God i.e. fire, draught, flood, earthquake, epidemics, natural disasters;

b. explosions or accidents, air crashes, act of terrorism;

c. strikes or look outs, industrial disputes;

d. non-availability of cement, steel or other construction/raw material due to strikes of manufacturers, suppliers, transporters or other intermediaries or due to any reason whatsoever;

e. war and hostilities of war, riots, bandh, act of terrorism or civil commotion;

f. the promulgation of or amendment in any law, rule or regulation or the issue of any injunction, court order or direction from any governmental or statutory authority that prevents or restricts the Developer from c