KAMAL RANA vs MS TASHEE LAND DEVELOPERS AND MS KNS INFRACON PRIVATE LIMITED

HARER,*, GURUGRAM BEFORE THE HARYANA REAL ESTATE GURUGRAM Comp Comp Date o Date o Kamal Rana R/o- House no.1.8/6 Shakti Nagar, Delhi- 11 Versus M/s Tashee Land Developers and M/s Infracon Private Limited Both having their Registered Narain Manzil, 213 Barakhamba Place, New Delhi- 110001 CORAM: Shri Ashok Sangwan APPEARANCE: Shri Sushil Yadav, Advocate Shri Rishabh f ain, Advocate Office at: 5 L Road, Canna ORDER 1.

The present complaint has been filed by the 31 of the Real Estate fRegulation and Develo read with Rule 28 of the Haryana Real E Rules, 2017 (in short, the Rules) for viola wherein it is inter alia prescribed that the p obligations, responsibilities and functions for sale executed inter-se them.

Complaint no.

80 of 2024 GULATORY AUTHORITY, int no. : int filed on : first hearing: decision : 80 of 2024 L9.01.2024 06.03.2024 L5.O5.2024 A, ht Complainant Respondent Member Complainant Respondent mplainant/allottee under Section ment) Act,20t6 (in short, the Act) (Regulation and Development) n of Section 11(a)(a) of the Act moter shall be responsible for all the allottee as per the agreement "/ Page 1 of 18 rte ior i-' A.

2. ffiHARER S- eunuGRAM Unit and Proiect related details The particulars of the project, the details of r by the complainant, date of proposed handin if any, have been detailed in the following ta I rle consideration, the amount pa over the possession, delay perio ular form: Sr.

No.

Particulars Detai 1,.

Name of the project Capita Gurug Gateway, Sector 1,L1, am 2.

Project area t0.46 ACTES 3.

Nature of the project Group Housing Colony- Residential 4.

DTCP license no. and validity status 34of' to 15,( 1011 dated 16.04.2011 valid up 4.2024 5.

Name of licensee M/s I others NS Infracon Pvt.

Ltd. and 4 6.

REru\ Registered/ not registered Regist 1"0.01. phase' for ph rred vide no.

12 of 2018 dated Z01B valid upto 31,.1,2.2020 for I ftower A to G) and 31,.1,2.2021 rse- II (tower H to f) 7.

H to f) 7. llnit no, 104, t IBBA a floor, tower E page 1B of complaint) B.

Unit area admeasuring 1,7 60 : [BBA a q, ft. (Super Area) t page 18 of complaint) 9.

Date of execution of agreement 07.1,2. (Page t0t2 6 of complaint) 10.

Possession Clause Clause "2.

Poss 2.1 ,..,.., Party p the flat period sanctit colony, undersi Party s 780(or expiry obtain of th authot 2.1 ession ...,... i....,,....., the Fir st P arty / C onfi rm ing roposes to handover the possession of to the purchaser within approximate of 36 months from the date of ,n of the building plans of the said The Purchoser agrees and :ands that the First Party/Confirming hall be entitled to a grace period of e hundred and eighty) days, after of 36 months, for aPPlYing and ing occupation certiftcate in respect e Colony from the concerned 'ity ... ... .........." PageZ of ffi& {0{s qri aid od, 1B ,/' B.

3.

HARERl\ GUl?UGRAM (Empha (BBA at sis supplied,) page 24 of complaint) L1.

Date of sanction f building plans 07.06.

As per branch 07.06.2 zot2 information obtained by planning building plan approved on 0t2 1.2.

Due date of possession 07.t2:, (Calcul buildin period' r015 rted from the date of sanction of 3 plans inclusive of 180 days grace 13.

Total sale consideration Rs.70,, [As all compl; t9,640 /- :ged by complainant at page 5 of int) 14.

Amount paid by the complainant Rs.72, [As all compl: )5,445 /- :ged by complainant at page 5 of int) 15.

Occupati on certificate Not ot tained 1,6.

Offer of Possession Not of 'ered Facts of the complaint The complainant has made the following sut I.

That the respondents gave advertiseme about their forthcoming project nam( Gurgaon promising various advantager timely conrpletion/execution of the projr undertakings given by the respondent buyer booked an apartment/flat measur respondent for a total sale considerati' endorsed, and buyer's agreement was el i.e Kamal Ilana, II.

Ilana, II.

That the buyer's agreement was executet floor, tow'er E, having super area of missions: - nt in various leading newspape d "Capital Gateway Sector 11'. ;, like world class amenities at lct etc.

Relying on the Promise at in its advertisements, the origir ing 1760 sq. ft. in the project of t rn of Rs.70,49,640/-.

Later, it w :ecuted in the name of comPlaina on07.12.201,2 and unit no.

L04, 17 60 sq. ft. was allotted to 1 Page 3 of ffi ffi (eqs tr{i ers 1", rnd rnd nal the VAS ant 1rr he 1Bn/ ffiHARER.- ffi eunuennM complainant.

That as per para 2.1 of the was to deliver the possession of the flat the date of sanctioning of building plan, of 180 days.

That the complainant paid a the total sale consideration of the unit.

That the complainant time and again progress of the project, However, the under a false impression that the constr accordingly asked the complainant f0r visited the project site and was shocked no signs of construction, and no one wa queries of the complainant.

Thus, the o to extract rnoney from the complainant.

IV, That the respondent promised to deli complainant by 07.06.2015.

However, d the total sale consideration, the resp possessiorr of the unit to the complainan' That due to this omission on the part of t, been suffering from disruption on his I and agony and continues to incur seve been avoided if the respondent had giv That as per clause 2.3 of the agreement, of any delay, the respondent shall pay to Rs.5/- per sq. ft. per month of the su' pertinent to mention here that a clause rate of Rs.5/- per sq. ft. per month for respondent cannot be made to escape 1 compensation clause in the agreement.

III, V.

VI.

B0 of 2024 yer's agreement, the respondent thin a period of 36 months from .e.,07.06.2012 with a grace period amount of Rs.

72,95,445/- against asked the respondent about the spondent kept the complainant ction is going on in full swing and rther payments. payments.

The complainant nd surprised to see that there were present at the site to address the y intention of the respondent was r the possession of the unit to the pite receiving more than 100% of ndent has failed to deliver the within the stipulated time. e respondent, the complainant has vilng arrangement, mental torture, financial losses.

This could have timely possession of the unit. the respondent agreed that in case the complainant a compensation @ r area of the flat.

However, it is f compensation at such a nominal the period of delay is unjust.

The e liability merely by mentioning a he said clause of the agreement is Page 4 of 18 ffiHARER,i *e- gunUGRAM totally one-sided.

If the amount is calcul is interest @ 2o/o per annum approxi charging interest @ 24o/o per annum on VII.

That on the ground of parity and equity, to pay the same rate of interest.

He interest on the amount paid by the com possession till the unit in question is deli C.

Relief sought by the complainant 4.

The complainant has sought following relief: i.

Direct the respondent to pay delay posse of interest.

Direct the respondent to handover ph complainant.

On the date ol'hearing, the authority expla about the contraventions as alleged to ha section 1,1(4) (a) of the act to plead guilty or D.Reply by the respondent 5.

The respondent has made the following sub [a) That the respondent had been developi housing colony'Capital Gateway' situated in two phases, i.e., Phase I consisting of t of towers H to l.

The said project communitl, Sr,rO'ng and a nursery schoo units in the said project, which inclu commercial units. [b) That the respondent had applied The decision and issuance of abeyance for a long time due economically weaker sections (EWS), for env certifi to su Complaint no.

80 of 2024 ted in terms of financial charges, it tely, whereas the respondent is elayed payment. d payment. e respondent should also be made r, the respondent is liable to pay lainant from the promised date of red to the complainant. ion charges at the prescribed rate ical possession of the unit to the ned to the respondent/ promoter been committed in relation to ot to plead guilty. issions: - and marketing a residential group at Sector 1 10A and 111, Gurugram, ers A to G and Phase II consisting lso consisted of two towers for two commercial buildings, one .

Therefore, there are a total of 551 es 538 residential units and 13 ronment clearance on 20.10 .201,1,. e to the promoter remained in en demise of the Chairman of Page 5 of18 / ffiHARER* ffiGURUGRAM Environmental Impact Assessment (EIAJ accident.

The developer finally got L7.06.2013.

Further, the respondent app the said project before the appropriate were approved by the department after was a delay in starting the construction (c) That the complainant approached the project of the respondent by looking into and its future monetary benefits.

Thus, is not a consumer, rather an investor preamble of the Act of 20L6. (d) That, a buyer's agreement was execute respondent on 07.1,2.2012, wherein u allotted to the complainant. [eJ At present, it is a matter of record that question is complete, and few instalmen the complainant.

Moreover, it is pertine applied from obtaining occupation certi as all the construction and develop performance of obligations and duties of approval of unit plans of the said P subsequent amendments/modifications (f) That for reasons beyond the control of been delayed.

As a matter of fact, ec' sluggishness in the real estate sector, inc by allottees in making timely payme workforcer, labour and contractors res workforce and change in contractors, n Page 6 of 18 Complaint no.

80 of 2024 Committee in an unfortunate road the environment clearance on ied for revision of building plans of uthority.

However, the said plans delay of 2 years.

Therefore, there f the project. e project. spondent for booking a unit in the the financial viability of the project complainant in the present case falls outside the purview of the between the complainant and the it no.

104, 1't floor, tower E was he structure of the said project in are due and payable on account of t to state that the respondent has icate for Phase-l of the said project ent activities are comPlete.

The e respondent are contingent uPon ject by DTCP, Haryana and anY in the unit plans thereto. e respondent, the said Project has rnornic meltdown, financial crisis, ease in cost of construction, default ts, multiple disputes between the Iting into shortage of labour and n-availability of sufficient water for ffiHARER,.. #- GURUGRAM construction due to restrictions im construction activities towards protectio the local administration and the NG construction due to Covid-19 outbreak beyond ther control of the respondent. [g) That, simultaneously, the respondent duties to complete the said project approached the'SWAMIH Investment F The Investment Committee of the SWA dated 29.L1,.202l- communicated to the in-principal approval to invest up to { crore.

The project is a sick project whe put a lot of burden over the Project respondent/promoter. [h) That after receipt of SWAMHI investme resume the construction activities at manner.

The development at the proje complete the project and handover th earliest. (i) That it is pertinent to state that the res completion of the said project.

Initiall registration on 10.01.2018 till 31,.12.2 31,.12.2021 for Phase II (tower H to activities were impeded due to poor air [1) That the legal fraternity is respected professionals.

The Hon'ble Supreme limitation taking into consideration the i the world.

Similarly, the real estate sect PageT of 18 Complaint no.80 of 20?4 by local administration, restricted of the environment as directed by and moreover, obstruction in re some of the impeding reasons as aware of the obligations and nd that is why the responde e respondent nd I' of SBI Cap Ventures Limited.

HI Investment Fund I vide letter pondent that it has accorded an crore and an additional <27.92 in imposition of compensation will nd its proponents including the t fund, the respondent was able to very large scale in expeditious site is in full swing, in order to possession to the allottees at the ndent has always made efforts for , the Interim RERA granted RERA 20 for Phase I ftower A to G) and ).

From time-to-time construction uality in the Delhi NCR region. r its novelty and highlY educated Court has allowed extension of pact ofthe novel corona virus over r was impacted badlY due to Covid- ffiHARER+, ffi GURUGRAM 19 as the construction activities were h cost of construction kept on increasing [k) The present complaint is devoid of any the sole motive to harass the respond liable to be dismissed on the ground that unjustified, misconceived and withou respondents.

The present complaint is ba of law to harass the respondent. tl) In spite of the fact that the real estate respondents have managed to carry on due to various above mentioned reaso including the complainants of the pro payments towards their outstanding du the construction activities, still the con been stopped or abandoned and the pro (m) That it is a respectful submission of the the complaint will sufficiently eluci miserably failed to make a case against the complainants have merely alleged i the part of the resPondents in offe substantiate the same.

The fact is that t consonance with the registration of contravention in terms of the same can [n) That the Haryana Real Estate Regulato jurisdiction in the instant case as the su be decided as per the Act, 201,6 and th erred in invoking the jurisdiction o compensation can only be granted in ca Complaint no.80 of 2024 Ited for a long time.

Moreover, the ith time. erit and has been preferred with t. ed with t.

In fact, the present complaint is e said cllaim of the complainant is any barsis and is against the less ani[ flagrant abuse ofprocess market has gone down badly, the e works r,vith certain delays caused and the fact that various buyers, have defaulted in making timely , resulting into inordinate delay in ction of the said project has never will be delivered soon. respondents that a bare Perusal of [e that the complainants have e respondents.

It is submitted that the complaint about the delaY on ng possession but has failed to re respondents have been acting in roject with the AuthoritY and no projected on the resPondents.

Authorit)', Gurugram, does not have ject-matter of the complaint has to Rules, 201.7.

The comPlainant has the HAIRERA, Gurugram, as the s where the AuthoritY so directs.

Page 8 of 18 ffiHARER."- ffi CUNUGRAM [o) Thus, it is germane to state that there is the complainants against the responde deeming indulgence of the Hon'ble Adj complaint is liable to be dismissed.

6.

Copies of all the relevant documents have b Their authenticity is not in dispute.

Hence, tl basis of these undisputed documents and su E. furisdiction of the authoritY 7.

The authority observes that it has t jurisdiction to adjudicate the present comp E.

I Territorial iurisdiction B.

As per notification no.l/92/20L7-1TCP da Country Planning Department, the juri Authority, Gurugram shall be entire Guru offices situated in Gurugram.

In the pre situated within the planning area of Gurugr has complete territorial jurisdiction to deal E.

II Subiect matter iurisdiction 9.

Section 11(4)[a) of the Act,20L6 provides to the allottees as per agreement for sale. hereunder: Section fift)(a) Be responsible for all obligations, responsibili of this Act or the rules and regulations made agreement for sale, or to the association of conveyonce of all the aportments, plots or bui or the common areas to the association of ollo case may be; Section 3,*-Functions of the Authority: 3a(fl of the fl of the Act provides to ensure compl promoters, the allottees and the real estate regulatiorts made thereunder.

80 of ?024 o further deficiency as claimed bY ts and no occasion has occurred icating Officer.

Hence, the present n filed and placed on the record. e complaint can be decided on the mission made by the parties. as well as subject matter rial int. t4.L2.2017 issued bY Town and iction of Real Estate RegulatorY m District for all PurPose with t case, the Project in question is m district.

Therefore, this authority ith the present comPlaint. t the promoter shall be responsible Section 1'1(4)(a) is reproduced as res and functions under the provisions ereunder or to the allottees as per the allottees, as the case may be, till the ings, as the case may be, to the allottees, or the com7etent authoritY, as the nce of the obligations cast upon the ents under this Act and the rules and / Page 9 of 18 ffiHARERI.. ffi eunuGRAM 10.

So, in view of the provisions of the Act of 20 complete jurisdiction to decide the compl obligations by the promoter leaving aside decided by the adjudicating officer if pursu F.

Findings on obiections raised by the res F.I Obiections regarding force Maieure.

11.

The respondent-promoter has raised the co unit of the complainant has been delayed d such as orders passed by the llon'ble NG Authority, and Hon'ble Supreme Court.

The this regard arer devoid of merit.

The orders of time and thus, cannot be said to impact the a delay in the completion.

Furthermore, th such situations.

Thus, the promoter respond the basis of albresaid reasons, and it is a cannot take benefit of his own wrong.

12.

Furthermore, the respondent seeks an exte possession in view of the Covid 1'9 pan judgment of Hon'ble Delhi High Court in case Services Inc.

V/S Vedanta Ltd. & Anr. bea 2020 and LAs 3696-3697/2020 dated 29.0 "69.

The past non-performance of the Con the C0VID-L9 lockdown in March 2020 in I since September 20L9. mber 20L9.

Opportunities were seme repeatedly.

Despite the same, the Project, The outbreak of a pandemic ca perforrnance of a contract for which the outbreak itself." 13.

In the present complaint also, the respo construction of the project in question al said unit by 07.1,2.2015.

The respondent is Complaint no.

80 of 2024 6 quoted above, the authority has int regarding non-compliance of the compensation which is to be by the complainant at a later stage. ndent. ntion that the construction of the e to force majeure circumstances , Environment Protection Control leas of the respondent advanced in assed were for a very short period spondent-builder leading to such respondent should have foreseen nt cannot be given any leniency on ell-settled principle that a person sion in the timeline for due date of emic.

The authority put reliance titled as M/s Halliburton Offshore ng no.

O,M.

P (I) (Comm.) no.

BB/ .2020 which has observed that- cannot be condoned due to dia.

The Contractor was in breach iven to the Contractor to cure the tractor could not complete the of be used os an excuse for non- deadlines were much before the dent was liable to complete the handover the possession of the laiming benefit of lockdown which Page 10 of 18 ffiHARERA ffi bunuenAM came into effect on 23.03.2020 whereas possession was much prior to the event o Therefore, the authority is of the view that used as an excuse for non-performance of were much before the outbreak itself and for is not excluded while calculating the delay in F.II Obiection regarding complainant bei 1"4, The respondent has taken a stand that the consumer, therefore, he is not entitled to th entitled to file the complaint under section submitted that the preamble of the Act sta the interest of consumers ofthe real estate the respondent is correct in stating that the of consumers of the real estate sector. te sector.

It is that a preamble is an introduction of a statut of enacting a statute but at the same time p enacting provisions of the Act.

Furthermo aggrieved person can file a complaint aga contravenes or violates any provisions of thereunder.

Upon careful perusal of all the te letter, it is revr:aled that the complainant is a of Rs.

86,1,9,3I0/- to the promoter towards project, at this stage, it is important to stress under the Act, the same is reproduced belo "2(d) "allottee" about a real estate P whom a plot, aportment, or building, allotted, sold (whether as freehold transferred by the Promoter, and subsequently acquires the said allotm Complaint no.

80 of 2024 he due date of handing over of outbreak of Covid-19 pandemic. tbreak of a pandemic cannot be contract for which the deadlines he said reason the said time period handing over possession. an investor. plainant is the investor and not a protection of the Act thereby not 1 of the Act.

The respondent also that the Act is enacted to protect :or.

The authority observes that ct is enacted to protect the interest settled principle of interpretation and states the main aims & objects mble cannot be used to defeat the , it is pertinent to note that anY st the promoter if the Promoter Act or rules or regulations made ms and conditions of the allotment buyer, and he has paid a total price he purchase of an apartment in its upon the definition of term allottee for ready reference: iect, means the person to s the case may be, has been leasehold), or otherwise includes the person who t through sale, transfer or Page 11 of 18 ffiHARER;\ ffi eunUGRAM otherwise but does not include a apartment or building, as the case may 15. ln view of the above-mentioned definition o and conditions of the allotment letter complainant, it is crystal clear that the com unit was allotted to him by the promoter.

Th or referred to in the Act.

As per the definiti there will be "promoter" and "allottee" and status of "investor". investor".

The Maharashtra Real Er dated 29.01,.2019 in appeal no.

0006000 Sangam Developers Pvt Ltd.

Vs.

Sarvapriya that the concept of investors is not defined contention of a promoter that the allottee protection of this act also stands rejected.

G.

Findings regarding relief sought by the G.

I Direct the resPondent to PaY de prescribed rate of interest.

G.II Direct the respondent to handover the comlllainant.

16.

In the present complaint, the complainant i and is seeking possession of the subject u provided under the provisions of section LB "section 78: - Return of amount and co 1B(1).

If the promoter fails to comple of an apartment, plot, or building, Provided that where an allottee does project, he shall be Paid, bY the Prom delay, till the handing over of the po prescribed." Complaint no.

80 of 2024 to whom such plot, is given on rent;" "allottee" as well as all the terms xecuted between promoter and ainant is an allottee as the subject concept of investor is not defined n given under section 2 of the Act, here cannot be a party having the tate Appellate Tribunal in its order 00010557 titled as M/s Srushti sing [P) Ltd.

Anr. has also held r referred to in the Act.

Thus, the eing an investor is not entitled to mplainant. y possession charges at the hysical possession of the unit to tends to continue with the Project it and delay possession charges as 1) of the Act which reads as under' pensation or is unable to give Possession ot intend to withdraw from the ter, interest for every month of on, at such rate as maY be Page 12 of 18 ffiHARER& ffieunuenArvr 17.

The apartment buyer's agreement was exe clause 2.1 of the agreement, the possession months from the date of sanction of buildin 180 days.

The clause 2.1, of the buyer's ag 2.1 possession Subject to clause 9 or any other circ beyond control of the first PartY, restraints/restrictions from any court, purchaser having complied with qll including but not limited timely payme stamp duty and other charges and hav es and havi formalities documentation etc. . a party/conforming porty proposes to ha to the purchaser within approximate of sanction of building plans of the sai and understands that the first party/co to a grace period of 180 days after the and obtaining OC in resPect of t authority...

18.

At the outset, it is relevant to comment on agreement wherein the possession has bee conditions of this agreement, and the comp provisions of this agreement and compli documentation as prescribed by the prom incorporation of such conditions is not onl loaded in favour of the promoter and aga default by him in fulfilling formalities and r the promoter may make the possession allottees and the commitment time period meaning.

The incorporation of such clau promoter is just to evade the liability towa Page 13 of 1B Complaint no.

80 of ?024 uted between the was to be handed plans along with a parties.

As per over within 36 grace period of below: ent is reproduced stances not anticipated and 'conforming par| and any 'authorities and subiect to the the terms of this agreement of total sale consideration and complied with all provisions, prescribed by the first dover the possession of the flat 'iod of 36 months from the date colony.

The purchaser agrees forming porty shall be entitled xpiry of 36 months for oPPlYing colony from the concerned (Emphasis supplied) he preset possession clause of the subjected to all kinds of terms and nant not being in default under anY with all provisions, formalities and ter.

The drafting of this clause and vague and uncertain but so heavilY st the allottees that even a single mentations etc. as Prescribed bY ause irrelevant for the PurPose of r handing over possession loses its in the buyer's agreement bY the s timely delivery of subject unit and / ffiHARER&, ffi CUNUGRAM to deprive the allottees of their right accrui just to comment as to how the builder has drafted such mischievous clause in the agree option but to sign on the dotted lines.

19. lines.

19.

Due date of possession and admis respondent/promoter proposed to hand within a period of 36 months from the da building plans were approved on07.06.201 over possession comes out to be 07.06.2A15 that promoters shall be entitled to a gra pursuing the occupancy certificate etc. fro allowed in terms of order dated 08.05.202 Tribunal in Appeal No. afi of 2022 tilted Babia Tiwari and Yogesh Tiwarf wherein wishes to continue with the project, he regarding grace period of three month occupation certificate.

The relevant portio reproduced as under:- "As per aforesaid clause of the ogreem to be delivered within 24 months fro agreement i.e. by 07.03.2014.

As per the agreement, a grace Period )cc:upation Certificate etc. has been 0 ccupation Certificate dated L 1.

1 1. the paper book reveals that the a for grant of )ccuPation Certificat, ultimately granted on 11..71.2020' tqkes time to applY and obtain 0c concerned outhority.

As per section the promoter is delayed and if the all, he has the option to withdraw from the amount or if the allottee does project and wishes to continue wit Page 14 of 18 Complaint no.

B0 of 2024 after delay in possession.

This is isused his dominant position and ent and the allottee is left with no ibility of grace period: 'l'he r the possession of the said unit of sanction of building plans.

The Therefore, the due date of handing It is further provided in agreement period of 180 days for filing and DTCP.

The said grace period is passed by the Hon'ble APPellate as Emaar MGF Lamd Limited Vs it has been held that if the allottee epts the term of the agreement for applying and obtaining the of the order dated 08.05.2023, is nt, possession of the unitwas the da'te of execution of the e obove said clause 1L(o) of ,f 3 months for obtaining provided.

The perusal of the 20 ploced at page no.

31.7 of ellant-promoter has aPPlied on 21.07. on 21.07.2020 which was f rs also well known that it upation Certificate from the B of the Act, if the project of ttee wishes to withdraw then e project qnd seek refund of intend to withdraw from the the project, the allottee is to 4/ ffiHARER& ffi- CunUGRAM be paid interest by the promoter for our opinion if the allottee wishes to accepts the term of the agreement months for applying qnd obtqining t, in view of the above said ci, promoter is entitled to avail the the agreement for applying and Certificate.

Thus, with inclusion of g the provisions in clause 1L (a) o. completion period becomes 27 mo delivery of possession comes out to 20, Therefore, in view of the above judgement a Act, the authority is of the view that, the pr period so provided in the agreement for ap certificate.

Therefore, the due date of handi be 07.12.20L5 including a grace period of 1" 21.

Admissibility of delay possession cha The complainant is seeking delay poss Section 1B provides that where an allottee( the project, he shall be paid, by the promote till the handing over of possession, at such been prescribed under Rule L5 of the Rules as under: Rule 15, Prescribed rate of interest- section (,4) and subsection (7) of section 7 (1) For the purpose ofproviso to section 12; secti section 1.9, the "interest at the rate prescri highest marginal cost of lending rate +20/0,: Provided that in case the State Bank of (MCLR) is not in use, it shall be replaced by the State Bank of lndia moy fix from time to 22.The legislature in its wisdom in the subordi of Rule 15 of the Rules, ibid has determine rate of interest so determined by the legi Complaint no.

B0 of Z0Z4 eqch month of the delay. ln tinue with the project, he arding grace period of three e occupotion certificate.

So, stances,, the appellant- ce periad so proviiled in taining the Occupation ce period of 3 months as per the agreement, the total ths.

Thus, the due date of '.06.2074. '.06.2074." d considering the provisions of the moter is entitled to avail the grace lying and obtaining the occupation g over of possession comes out to 0 days. s at prescribed rate of interest: ion charges.

However, Proviso to does nolt intend to withdraw from , interest for every month of delaY, te as may be prescribed and it has ibid.

Rulr: L5 has been reProduced to section 72, section 1B and sub' tl n 1.8; and sub-sections (4) and (7) of ' shall be the State Bank of lndio ndia marginal cost of lending rate ch benchmark lending rates which me for lending to the general public. ate legislation under the provision rate of interest.

The the prescribed ature, is reasonable and if the said A/ Page 15 of 1B ffiHARER,'i ffi- eunUGRAM Rule is followed to award the interest, it wil CASCS.

23.

Consequently, as per website of the State Ba marginal cost of lending rate fin short, M B.B5%.

Accordingly, the prescribed rate o lending rate +20/o i.e., 10.85%.

24.The definitiort of term 'interest' as defin provides that the rate of interest chargeabl in case of default, shall be equal to the rate be liable to pay the allottee, in case of defaul below: '(za) "interest" means the promoter or the allottee, as the Explanation. -For the PurPose of the rate of interest chargea promoter, in case of default, shall which the promoter shall be liab (ii) default; the interest payoble bY the the date the promoter received the the date the amount, or Part refunded, and the interest PaYable shall be from the date the al' promoter till the date it is Paid;" 25.

On consideration of the documents availab regarding contravention of provisions of the respondent is in contravention of the handing over possession by the due date clause 2.1 of the buYer's agreement e possession of the subject apartment was months from date of sanction of building pl is taken from complaint as submitted by (i) Complaint no.

B0 of 2024 ensure uniform practice in all the k of India i.e., https://sbi.co-. //sbi.co-.in, the LR) as on date i.e., 15.05.2024 is interest will be marginal cost of under Section Z(za) of the Act from the allottee by the promoter, f interest which the promoter shall The relevant section is reproduced of interest payable by the may be. is clause- le from the allottee bY the equal to the rate of interest to pay the' allottee, in case of to the allottee shall be from omount or any port thereof till f and interest thereon is y the allottee to the Promoter defaults in payment to the e on record and submissions made e Act, the authority is satisfied that Section 1,1(4)(a) of the Act bY not s per the agreement.

BY virtue of ecuted tletween the Parties, the be delivered within a Period of 36 ns.

Date of sanction of building plan omplainant in their complaint i.e., ^r/ Page 16 of 18 ffiHARER,', ffi GURUCRAM 07 .06.2012.

As such the due date of handing 07.1,2.20L5 in as detailed in para no.

18 of 26.

Section 19(10) of the Act obligates the allot unit within 2 months from the date of recei complaints, the occupation certificate has clarified that the delay possession charges s possession i.e., 07.1.2.2015 till the expiry of possession plus two months after obtaining whichever is earlier.

27.

Accordingly, it is the failure of the pro responsibilities as per the apartment bu possession within the stipulated period.

Ac mandate contained in Section L l-(+l(al read Act on the part of the respondents is establi paid, by the promoter, interest for every possession i.e., 07.12.2015 till offer of obtaining OC or actual handover of po prescribed rate i.e., 10.85 o/op.a. as per Pro with Rule 15 of the Rules, ibid.

H.Directions of the authoritY: 28.

Hence, the authority hereby passes this ord€ under Section 37 of the Act to ensure com promoter as per the function entrusted to the act of 201,6: i.

The rerspondent is directed to pay prescribed rate of interest i.e., 10.8 the amount paid by the comPlainant of possession (i.e., 07.1,2. ., 07.1,2.2015) till o Page L7 of 18 Complaint no.

80 of 2024 over of possession comes out to be order. to take possession of the subject of occupation certificate.

In these not been obtained.

It is further all be payable from the due date of 2 months from the date of offer of or actual handover ofpossession, oter to fulfil its obligations and er's agreement to hand over the rdingly, the non-compliance of the ith Proviso to Section 1B(1) of the hed.

As such, the allottees shall be month of delay from due date of ,ssession plus two months after sion, whichever is earlier, at the iso to Section 1B(1) of the Act read and issues the following directions liance of obligation cast upon the e authority under Section 3a(fJ of delayed possession charges at the o/o p.a. for every month of delaY on o the respondent from the due date 'er of possession plus 2 months aftey. ffiHARER,.h ffi eunuenAM obtaining OC or actual handover of per Section 1B(1) of the Act of 2016 The arrears of interest accrued so within 90 days from the date of this o ibid.

The rate of interest chargeable from of default shall be charged at the ii, respondent/promoter which is the promoter shall be liable to pay the 29.

30. delayed possession charges iii.

The complainant is directed to pay ou adjustment of delay possession cha The respondents shall not charge a is not the part of the buyer's agreeme Complaint stands disposed of.

File be consigned to registry.

Dated: 15.05.2024 Complaint no.

B0 of ?024 on, whichever is earlier, as with Rule 15 of the Rules, ibid, shall be paid to the complainant r as per Rule 16(2) of the Rules, e allottees by the promoter, in case ibed rate i.e., 10.85% by the same rate of interest which the lottees, in case of default i.e., the ion Z(za) of the Act. ding dues if any remains, after within a period of next 30 days. ing from the complainant which Haryana Real Estate Regulatory Authority, Gurugram (Ashok Sa Page 18 of 18