HRIDEY VIKRAM BHATIA vs RAMPRASTHA ESTATES PVT. LTD.

Order pronounced.       i.           The respondent/promoter is directed to enter into a registered agreement for sale with the complainant w.r.t. the plot in question within a period of one month.    ii.         The respondent/promoter is directed to pay interest to the complainant against the paid-up amount at the prescribed rate of 10.85% p.a. for every month of delay from the due date of possession i.e., 19.04.2022 till actual handing over of possession or offer of possession plus two months after obtaining completion certificate/part completion certificate from the competent authority, whichever is earlier, as per section 18(1) of the Act of 2016 read with rule 15 of the rules. iii.          The respondent/promoter is directed to handover possession of the plot in question and execute conveyance deed in favour of the complainant on payment of stamp duty and registration charges within three months after obtaining completion/part completion certificate from the competent authority. Matter stands disposed off. Detailed orders will follow.

The present complaint was filed on 13.07.2023 and reply on behalf of the respondent was received on 05.10.2023. The complainant is seeking execution of plot buyer’s agreement, handover of the physical possession of the plot and execution of conveyance deed and delayed possession charges. Payment of Rs.   17,50,000/- was paid ( initially an amount of Rs. 35 lakhs was paid vide receipt dated 20.7.2006 for allotment of plot of 1000 sq. yards but subsequently a promise was made for allotment of two plots of 500 sq. yards each and the payment was bifurcated  into 17,50,000/- vide receipt dated 28.10.2010. The counsel for the complainant invites attention to Annexure A-2 dated 15.11.2009 where it has been informed that the allotment procedure was expected to be completed within the next three months and have ask the complainant to furnish the KYC documents so that the formalities could be completed for allotment.  Further, the personal details of the allottee were duly forwarded to the respondent vide letter dated 24.11.2009.  The license for developing the colony was received on 9.6.2010 vide license no.44 of 2010. Further a letter dated 14.9.2012 was written to the complainant  informing that the allotment process  for Ramaprashta City in Sector 92,93 and 95, Gurugram has been initiated  and the complainant was called to visit in the respondent corporate office  with original booking receipts .  However, no plot was allotted  despite follow up vide letters dated 8.10.2012, 27.5.2014 and 23.7.2016.  Finally , vide letter dated 19.4.2019, Plot no.E-23 ( 500 sq.yards)  was allotted  to the complainant and the allotment would take place only after RERA registration. RERA registration was granted on 5.6.2020 but no further action was taken by the respondent. Proxy counsel for the respondent states that the main counsel is not available and short adjournment may be granted. On the last date, final opportunity was granted to argue the matter. No further opportunity is justified  in view of the above. However, the parties may submit written submissions with copy to each other within a period of two weeks. Order reserved. Matter to come up on 6.3.2024 for pronouncement of orders.

The present complaint was filed on 13.07.2023 and reply on behalf of the respondent was received on 05.10.2023. In the present matter, the counsel for the complainant is seeking delayed possession charges and handing over of possession as well as execution of conveyance deed. The counsel for the complainant points out communication dated 15.11.2009  from the respondent informing the upcoming launch of Township in Gurugram in Sector 92,93 and 95 by the name of Ramprastha City.  Further,  vide letter dated 19.04.2019,  the complainant was  intimated regarding provisional allotment  of plot bearing No.E-23 situated in Sector 92, 93 and 95 Gurugram of 500 sq. yards  and it was stated that the allotment of the plot shall only be made after receipt of RERA registration.  As per records  of the authority, the project was registered vide registration No.13 of 2020  dated 05.06.2020. The counsel for the complainant states that the complainant had paid the entire consideration of Rs.17,50,000/- to the respondent  (Rs. 35 Lakhs was initially paid for allotment of one plot of 1000 sq. yards and subsequently due to offer of two plots of 500 sq. yards each, the amount was split).  Therefore,  the due date for offer of possession may be taken from 2010  (the date of payment of the full amount) as per the complainant.  So far as the defence taken by the respondent w.r.t force majeure circumstances,  the counsel for the complainant refers to order dated 19.10.2023 in CR No. 791 of 2020 in case titled as Akantdeep Punia versus Ramprastha Promoters and Developers. Reply of the respondent is on record.  None is present on behalf of the respondent today. In view of the above,  the respondent is directed to file written arguments with an advance copy to the counsel for the complainant within a period of 2 weeks and the counsel for the complainant may file rebuttal in case required within further period of 2 weeks. Subsequently the counsel for the respondent has appeared  and requests that due to some misunderstanding in the displayed cases, she could not appear during the course of hearing of the matter despite being present in the premises.  She requests that one final opportunity may be granted to argue the case. In the interest of justice and fair play, one final opportunity is granted to both the counsels to argue the matter on 10.01.2024.  Notice be issued to the complainant in addition to uploading of these proceedings.