SANTOSH KUMAR vs GATEVIDA DEVELOPERS PRIVATE LIMITED

The present complaint was filed on 01.12.2023 and the reply on the behalf of the respondent has been received on 13.08.2024. Succinct facts of the case as per complaint and annexures are as under: S. N. Particulars Details 1. Name of the project “Gurgaon Gateway” , Sector 112-113, Village- Bajghera, Gurugram, Haryana 2. Nature of project Residential Project 3. Unit no. 1804, Tower-E, Level-18 [page 17 of complaint] 4. Date of Booking 19.01.2015 [Page 14 of complaint] 5. Date of Allotment 19.01.2015 [Page 17of complaint] 4. Area admeasuring 1580 sq. ft. [Page 17of complaint] 5. Apartment buyer agreement executed on 19.01.2015 [Page 21 of complaint] 6. Possession clause as per apartment buyer agreement 4.2 (b) Possession Time and Compensation PROMOTER shall endeavor to give possession OF THE SAID APARTMENT to PURCHASER(S) on or before  Nov, 2017 and subject to providing necessary infrastructure in the sector by the Government and also force majeure circumstances and reasons beyond the control of PROMOTER. [Page 34 of complaint] 7. Due date of possession November 2017 [As per possession clause of BBA] 8. Total sale consideration Rs. 2,02,42,960/- [As per payment plan at page 61 of complaint] 9. Amount paid by the complainant Rs.52,44,207/- (As agreed by the respondent in cancellation letter dated 17.04.2018 t at page no. 81 of complaint) 10. Reminder Letters dated 28.08.2013, 17.09.2013, 20.11.2013, 09.01.2014, 21.09.2014, 28.07.2015, 25.08.2015, 02.02.2018, 17.08.2018, 09.03.2018. [As per page no. 129-136 of the complaint] 11. Cancellation Letter dated 17.04.2018 [As per page no. 81 of the complaint] The counsel for the complainant states that unit was booked in 2013  and cancelled on 17.04.2018  and the complainant has paid an amount of Rs.52,44,207/- and is seeking refund of the amount with interest as there was delay of handing over of possession.     The counsel for the respondent states that  a different unit  No.E-1504 was initially booked in 2013 and cancellation made in November 2013 itself due to non payment. But on request of the complainant, the amount was adjusted in a different unit No.E-1804  without any deduction and on failure of making payment of due instalment,  the unit has been cancelled on 17.04.2018.  Further no amount is refundable since forfeiture amount comes to Rs.64 Lakhs against the paid up amount of Rs.52,44,207/- only. The details of forfeiture amount is given  in the reply at page 136 which includes earnest money and the taxes paid. The complain has been filed beyond the limitation period. Arguments heard. The respondent is directed to refund the amount after deduction of 10% earnest money of the sale price alongwith  prescribed rate of  interest i.e. 11.10% per annum from the date of cancellation i.e. 17.04.2018 till its realization. Detailed order will follow. Matter stands disposed off.

The present complaint was filed on 01.12.2023 and the reply on the behalf of the respondent has not been filed till date despite of grant of last opportunity.The respondent is directed to file the reply within 3 weeks of this order with advance copy to the complainant subject to payment of Rs.5000/- to be paid to the complainant failing which the defense for the respondent may be struck off. Matter to come up on 19.09.2024 for further proceedings.

Since the Presiding Member is on leave, hence, the matter is adjourned to 30.05.2024 for the purpose as already fixed.