MR RAJKUMAR RANA AND MS SHANTI RANA vs ADVANCE INDIA PROJECTS LTD.

Order pronounced. No case of delayed possession charges is made out.  Offer of constructive possession made in pursuance to the agreement dated 08.07.2019 is valid.  Although  the said agreement is not in consonance with the model BBA.  In case the lease as per the agreed terms has not been executed, then the complainant can invoke clause No. 21 ( k ) (ii) of the agreement dated 08.07.2019. Balance assured return is allowed as agreed between the parties vide agreement dated 08.07.2019, if any. Detailed order will follow. Matter stands disposed off.

Order not pronounced today for want of clarification on offer of constructive possession. The counsel for the complainant stated at bar that as per the original agreement signed between the parties the possession was to be delivered to the complainant and thereafter the respondent mailed the in the year 2019 to get the fresh buyer’s agreement executed in terms of RERA Act, 2016 and Rules, 2017 whereas the respondent mischievously added the term constructive possession in the said agreement, which is not as per the model agreement for sale prescribed in Rules, 2017. The counsel for the respondent states that as per booking application form the unit was not for purpose of self-occupation and the buyers agreement shall be read in continuity to the booking form and not separately. Moreover, as per the explanation given at point (b) in the rules, 2017 the model agreement may be modified and adapted in each case having regard to the facts and circumstances of respected cases. Arguments heard. Matter to come up on 10.12.2024 for pronouncement of order.

Due to lack of coram,  the matter is adjourned to 22.10.2024 for pronouncement of order.