GURPREET SINGH KALSI vs AGRANTE DEVELOPERS PRIVATE LTD

The present complaint has been received on 08.10.2021 and registered as complaint no. 3748 of 2021. The reply on behalf of respondent was received on 19.05.2022. The respondent no. 1 had submitted an affidavit on 21.12.23 and stated that the respondent no. 1 has paid the amount of Rs. 13,87,261/- to M/s India bulls Housing Finance Ltd. under the subvention scheme towards Pre-EMI on behalf of the complainant. On the last date of hearing i.e., 24.01.2024 the counsel for the respondent No.5  has filed the copy of the account statement to this authority on 21.12.2023  and has handed over a copy of the same to the counsel for the complainant during the course of hearing. The counsel for the complainant has handed over a copy of the summary of the accounts to the counsel for the respondent no.5 during the course of hearing and a copy has also been taken up on record. The counsel for the complainant is seeking refund of the deposited amount on the ground that the respondents R-1 to R-4 have failed to deliver the unit to the allottee in terms of the BBA dated 18.3.2016  as per which the due date of handing over of possession was 18.09.2019. Arguments heard. Matter is pending since 2021 and cannot be  allowed to linger on any further.  As per record of this authority, the occupation certificate for the project has not been received as yet.  The matter is squarely covered under section 18 (1) of the Act of 2016 and in view of the above, the respondents R-1 to R-4 are directed to refund the entire amount deposited by the complainant alongwith interest @ prescribed rate i.e. 10.85% p.a. from the date of each deposit till the date of realization.  The respondents shall also be liable to pay pre-EMIs in terms of the Quadra-partite Agreement. The amount paid by the financial institution in terms of the Quadra-partite Agreement shall be paid to the financial institution first and the balance amount shall be refunded to the complainant-allottee thereafter. Ordered accordingly. Detailed order shall follow.

The present complaint has been received on 08.10.2021 and registered as complaint no. 3748 of 2021. The reply on behalf of respondent was received on 19.05.2022. Succinct facts of the case as per complaint and reply are as under:- Sr. No. Particulars Details 1. Name of the project “Beethoven’s 8”, Sector-107, Gurugram, Haryana. 2. Nature of project Group Housing 3. Area of project 18.0625 acres 4. DTCP License no. License no. 23 of 2012 dated Valid upto 5. RERA registered  Not registered 6. Unit no. Harmony-I K/E/1803 (As on page 36 of complaint) 7. Unit area 2261 sq. (As on page 36 of complaint) 8. Allotment letter 18.03.2016 (As on page 32 of complaint) 9. Date of execution of buyer’s agreement 18.03.2016 (As on page 34 of complaint) 10. Possession clause Clause 18(a) Subject to other terms of this Agreement/Agreement, including but not limited to timely payment of the Total Price, stamp duty and other charges by the Vendee(s), the Company shall endeavour to complete the construction of the Said Apartment within 42 (Forty-two) months from the date of Allotment, which is not the same as date of this Agreement. The Company will offer possession of the Said Apartment to the Vendee(s) in taking possession of the Said Apartment from the date of offer of possession, would attract holding charges @Rs.05 (Five) per sq .ft. per month for any delay of full one month or any part thereof. (As on page 50 of complaint) 11. Due date of possession 18.09.2019 (Calculated 42 months from date of allotment) 12. Total sales consideration Rs.1,68,93,513/- (As on page 33 of complaint) 13. Amount paid by the complainant Rs.68,66,795/- (As per ledger account on page 86 of complaint) 14. Quadra-partite Agreement 18.03.2016 15. Loan sanction letter 25.03.2016 (As per page 72 of complaint) 16. Details of subvention scheme Subvention period from 01.04.2016 to 31.03.2019 (Page 71 of the complaint) Date of commencement of borrower liability to pay Pre-EMI interest on balance term of loan from 01.04.2019 17. Offer of possession Not offered 18. Occupation certificate Not received 19 Legal notice sent by the complainant to the respondent for refund on 13.07.2020 The counsel for the respondent No.5  has filed the copy of the account statement to this authority on 21.12.2023  and has handed over a copy of the same to the counsel for the complainant during the course of hearing. The counsel for the complainant seeks a short adjournment to reconcile the accounts.  Matter to come up on 06.03.2024 for further proceedings.

The present complaint has been received on 08.10.2021 and registered as complaint no. 3748 of 2021. The reply on behalf of respondent was received on 19.05.2022. Succinct facts of the case as per complaint and reply are as under:- Sr. No. Particulars Details 1. Name of the project “Beethoven’s 8”, Sector-107, Gurugram, Haryana. 2. Nature of project Group Housing 3. Area of project 18.0625 acres 4. DTCP License no. Licence no. 23 of 2012 5. RERA registered  Not registered 6. Unit no. Harmony-I K/E/1803 (As on page 36 of complaint) 7. Unit area 2261 sq. (As on page 36 of complaint) 8. Allotment letter 18.03.2016 (As on page 32 of complaint) 9. Date of execution of buyer’s agreement 18.03.2016 (As on page 34 of complaint) 10. Possession clause Clause 18(a) Subject to other terms of this Agreement/Agreement, including but not limited to timely payment of the Total Price, stamp duty and other charges by the Vendee(s), the Company shall endeavour to complete the construction of the Said Apartment within 42 (Forty two) months from the date of Allotment, which is not the same as date of this Agreement. The Company will offer possession of the Said Apartment to the Vendee(s) in taking possession of the Said Apartment from the date of offer of possession, would attract holding charges @Rs.05 (Five) per sq.ft. per month for any delay of full one month or any part thereof.   (As on page 50 of complaint) 11. Due date of possession 18.09.2019 (Calculated 42 months from date of allotment) 12. Total sales consideration Rs.1,68,93,513/- (As on page 33 of complaint) 13. Amount paid by the complainant Rs.68,66,795/- (As per ledger account on page 86 of complaint) 14. Quadra-partite Agreement 18.03.2016 15. Loan sanction letter 25.03.2016 (As per page 72 of complaint) 16. Offer of possession Not offered 17. Occupation certificate Not received   The counsel for the complainant requests for allowing refund of the amount deposited in view of the failure of the respondent to complete the unit and make offer of possession after obtaining occupation certificate despite the due date having lapsed in September 2019  and allottee cannot be expected to wait endlessly for handing over of possession of unit for which consideration amount has already been paid. The allottee is to bear the interest burden and is paying EMI since 2019  and prior to that pre-EMI interest has been paid by the respondent, the details of which shall be filed by the respondent within 2 weeks in the authority after supplying a copy to the counsel for the complainant. The counsel for the respondent No.5 states that loan has been raised on the above unit and if refund is allowed, the same may be subject to the condition of clearing outstanding loan amount.   The counsel for respondent No.5  is directed to file statement of account  indicating the pre-EMIs paid by the respondent and outstanding loan amount already paid. Part arguments heard. Matter to come up on 24.01.2024 for final arguments and orders.