CHARANJOT SINGH SIDHU vs VATIKA LIMITED

The present complaint has been received on 04.05.2023 and the reply was received on 16.10.2023.  In the present complaint, the complainant is seeking payment of assured return and hence may be heard by the Full bench. Matter to come up on 17.12.2024 before Full Bench for further proceedings.

The present complaint has been received on 04.05.2023 and the reply was received on 16.10.2023.  Succinct facts of the case as per complaint and annexures are as under: S. N. Particulars Details 1.        Name and location of the project            “Vatika INXT City Centre” at Sector-83, Gurugram. 2.        Project area 10.718 Acres 3.        Nature of Project Commercial Complex 4.        DTCP license no. and validity status 122 of 2008 dated 14.06.2008 Valid upto 13.06.2016 5.        Name of Licensee Trishul Industries 6.        Rera registered/ not registered and validity status Not Registered 7.        Unit No. 326, 3rd Floor, Tower-C (New Unit) (page 52 of complaint) 8.        Unit area admeasuring 500 sq. ft. (page 52 of complaint) 9.        Allotment letter 01.05.2012 (Old Unit) (page 50 of complaint) 10.   Date of buyer agreement 19.01.2012 (Old Unit) (in the name of Ravneet Kaur i.e., First Allottee) (page 20 of complaint) 11.   Assignment/Endorsement 04.05.2022 (In Favor of Charanjot Singh Sidhu i.e., Complainant) (page 46 of complaint) 12.   Assured Return Clause 12. “The Developer has agreed to pay Rs.71.5/- per sq. ft. super area of the said commercial unit per month by way of assured return to the buyer from the date of execution of this agreement till the completion of construction of the said building. Its further agreed that the developer will pay to the buyer Rs.65/- per sq. ft. super area of the said commercial unit as committed return for upto three (3) years from the date of completion of construction of the said building or till the said commercial unit is put on lease, which ever is earlier…. (Empasis Supplied)” 13.   Possession clause Not available   14.   Due date of possession 19.01.2015 “Fortune Infrastructure and Ors. vs. Trevor D'Lima and Ors. (12.03.2018-SC); MANU/SC/0253/2018 Hon’ble Apex Court observed that “a person cannot be made to wait indefinitely for the possession of the flats allotted to them and they are entitled to seek the refund of the amount paid by them, along with compensation. Although we are aware of the fact that when there was no delivery period stipulated in the agreement, a reasonable time has to be taken into consideration. In the facts and circumstances of this case, a time period of 3 years would have been reasonable for completion of the contract.” In view of the above-mentioned reasoning, the date of the execution of buyer’s agreement dated 19.01.2012 ought to be taken as the date for calculating the due date of possession. Therefore, the due date for handing over the possession of the unit comes out to be 19.01.2015. 15.   Total Sale Consideration Rs.25,00,000/- (page 22 of complaint) 16.    Amount paid by complainant Rs.25,64,375/- (page 22 of complaint)   17.   Occupation certificate (To be ascertained) 18.   Offer for possession (To be ascertained) 19.   Amount paid by respondent (as Assured return) (To be ascertained) Part arguments heard. The counsel for the complainant requests for grant of DPC as well as assured return in terms of clause 12 of the BBA itself. The unit is not yet handed over despite the due date having lapsed on 19.01.2015 and total sale consideration stand paid. The assured return has been paid only till September 2018 and hence, the outstanding amount along with interest is to be paid by the respondent. Both the counsels for the parties are directed to submit brief written submissions within a period of 2 weeks with an advance copy to each other. Matter to come up on 12.09.2024 for final arguments/orders.

The present complaint has been received on 04.05.2023 and the reply was received on 16.10.2023.  The counsel for the complainant seeks an adjournment to argue the matter.  Request is allowed. Matter to come up on 30.5.2024 for further proceedings

The present complaint has been received on 04.05.2023 and the reply was received on 16.10.2023.  The counsel for the complainant requests for short adjournment as the similar matters are listed before the authority on 07.03.2024 and hence the above case may also be heard on that date. Request is allowed. Matter to come up on 07.03.2024 for further proceedings.

The present complaint was filed on 04.05.2023 and registered as complaint no. 1936 of 2023. Written reply has not been filed by the respondent till date. The counsel for the respondent requests for a short adjournment for filing of reply.  Respondent is directed to file reply within 10 days in the registry with a copy to the complainant failing which cost of Rs.5,000/- shall be imposed. Last opportunity is being granted. In case reply is not filed within the time allowed, the defense of the respondent shall be struck off. Matter to come up on 21.12.2023 for further proceedings.