VIJAY KUMAR AND SONALI RAJAK vs RAMPRASTHA PROMOTERS AND DEVELOPERS PVT. LTD.

On last date of hearing, the counsel for both the parties confirmed that the possession of the unit has been handed over but formal documents are yet to be handed over to the complainant. The counsel for the complainant states that the physical possession of the unit has been taken over by the complainant allottee on 26.10.2023 and now requests for grant of DPC alongwith setting aside the un-due demands. The counsel for the respondent states that no DPC may be allowed beyond the period on which the offer of possession stand made as delay in taking possession was on the part of the complainant. Counsel for the complainant has placed on record the written arguments on behalf of the complainant and copy supplied to the counsel for the respondent during the proceedings. Matter to come up on   16.5.2024  for final arguments and orders.

Matter is adjourned to 07.03.2024.

The present complaint was filed on 11.11.2022 and registered as complaint No. 1214 of 2023 and reply is received on 10.03.2023. The cousnel for the responent states at bar that the matter has been settled and the possession of the unit has been handed over to the complainant . The cousnel for the complaiant confirms that keys of the flat has been received but formal documents are not yet received and hence seeks a short ajdurnment. Matter to come up on 14.12.2023 for further proceedings.

The present complaint was filed on 15.03.2023 and the reply on behalf of respondent was received on 22.08.2023.          Succinct facts of the case as per pleadings and annexures are as under: S. N. Particulars Details 1. Name of the project “Primera”, Sector 37D, Village Gadauli Kalan, Gurugram, Haryana 2. Project area 13.156 acres 3. Nature of the project Group housing colony 4. DTCP license no. and validity status 12 of 2009 dated 21.05.2009 Valid up to 20.05.2024  5. Name of licensee Ramprastha Realtor Pvt. Ltd. 6. RERA Registered/ not registered Registered vide no. no. 21 of 2018 dated 23.10.2018 for an area of 3.257 acres Valid up to 31.03.2020 7. Date of approval of building plans 25.04.2013 [As per information obtained by planning branch] 8. Unit no. F-303, 3rd floor, tower B (Page no. 56 of the complaint) 9. Unit admeasuring 1720 sq. ft. (Page no. 28 of the complaint)) 10. Welcome letter Undated (Page no. 48 of the complaint) 11. Allotment letter Not available 12. Date of execution of apartment buyer’s agreement 14.09.2013 (Page no. 52 of the complaint) 13. Possession clause 15. POSSESSION (a) Time of handing over the Possession Subject to terms of this Clause and subject to the Allottee having complied with all the terms and condition of this Agreement and the Application, and not being in default under any of the provisions of this Agreement and compliance with all provisions, formalities, documentation etc., as prescribed by the DEVELOPER, the DEVELOPER shall endeavour to complete the construction of the Said Apartment within a period of 54 months from the date of approval of Building Plans by the office of DGTCP. The Allottee agrees and understands that the DEVELOPER shall be entitled to a grace period of hundred and twenty days (120) days, for applying and obtaining the occupation certificate in respect of the Group Housing Complex. (Emphasis supplied) (Page no. 66 of the complaint) 14. Due date of possession 25.10.2017 [Note: The due date of possession can be calculated by the 54 months from approval of building plans i.e., 25.04.2013 and grace period is not included] 15. Total sale consideration as per payment plan annexed with the buyer’s agreement at page 79 of complaint  Rs.1,09,47,727/- 16. Amount paid by the complainant as per account statement dated 03.02.2023 at page 162 of complaint Rs.1,01,67,151/- 17. Occupation certificate /Completion certificate Obtained 18. Offer of possession Offered The complainant has sought following relief: 1.      Direct the respondent to handover possession of the fully developed subject plot. 2.      Direct the respondent to also pay interest @ 1.5% per month compounded quarterly w.e.f. date of payment made by the complainants till handing over of possession of the subject plot as per provisions of section 18(1) of the Act read with rule 15 of the Rules. 3.      Litigation cost of Rs.5,00,000/-. 4.      The respondent be directed to prepare the interest calculation sheet and the said amount be paid within 30 days on filing of this complaint failing which ban account of the respondent be attached immediately for compliance of directions of payment. 5.      The respondent should not be allowed to adjust the interest towards delayed possession payable with final demand made by them at the time of offer of possession to the complainants. 6.      The respondent shall not be allowed at the time of offer of possession to charge for anything beyond the terms of the agreement. 7.      The respondent shall not be allowed to charge EDC and IDC at the final demand as they are not entitled to EDC and IDC after the scheduled completion date is over/passed. The counsel for the  respondent states that OC of the unit of the complainant has been received and offer of possession has already been made.  The respondent is willing to handover the possession without levy of any extra amount and the allottee may come for possession alongwith requisite documents on 2.9.2023 at 11-00 AM . The respondent company shall intimate by tomorrow the list of documents which are required to be carried for taking over of the possession.  The respondents shall file the requisite documents in the registry of the authority within further one week. Matter to come up on  19.10.2023 for further proceedings.