PRITI SINGH vs M THREE M INDIA PVT LTD

Complaint No.

6648 of2022 and 3 others Name ofthe Builder M3M lnd M/s Adhikaansh Proiect Name Complaint No.

Complaint title cR/6648/2022 cR/66s0/2022 Deepak SinghalV/s M3M tndi M/s Adhikaansh Realtors and M/s Aawam Residency Prit' Singh V/s M3M India M/s Adhikaansh Realtors and M/s Aawam Residency cR/ 6652 /2022 Ashok Kumar V/s M3M India M/s Adhikaansh Realtors and M/s Aawam Residency Ashok Sangwan HARERA GURUGRA[/ BEFORE THE HARYANA REAL ESTATE GULATORY AUTHORITY, GURUGRAM Da e of decision: ?1.0A.2024 Pvt.

Ltd. tors Pvt.

Ltd.

Pvt.

Ltd. d Gems Member l Attendance I ,itender Kr.

Sainr cR / 69 40 / 2022 Inderpreet Singh Virk V/s M Pvt.

Ltd., M/s Adhikaansh Ltd. and M/s Aawam Residen Pvt.

Ltd M India tors Pvf. (Complainant) l Shriya Takkar IRespondents] Jitender Kr.

Sainr IComplainant) Shriya Takkar Respondents Iitender Kr.

Saini (Complainantl Shriya Takkar Respondents Jitender Kr.

Saini (Complainant) Shriya Takkar Bces!Cc!!{ l ORDER 1,.

This order shall dispose off the 4 complain titled above filed before this authority under section 31 of the R al Estate (Regulation and d as "the Act") read with rule DevelopmentJ Act, 2016 (hereinafter refe 28 of the Haryana Real Estate (Regulation a d DevelopmentJ Rules, 2017 ion ofsection 11(a)(a) of the (hereinafter referred as "the rules,') for viol Page 1 of .15 1.

2.

4.

CORAM: ff HAIIER.

S* eunuenRu 2.

Act wherein it is inter alia prescribed responsible for all its obligations, respon allottees as per the agreement for sale exec The core issues emanating from them a Occupation certificate that the promoter shall ibilities and functions to ted inter se parties. .07 .2021 026 sh Realtors Pvt.

Ltd. and vt.

Ltd 70 of 2021. dated 25.10.2021 025 be the _l complainant(s) in the above referred ma e similar in nature and the rs are allottees of the projcct, Gurugram, Haryana being namely, Smartworld Gems, Sector- 89, developed by the respondents/promoter e., M/s Adhikaansh Realtors Pvt.

Ltd. and M/s Aawam Residency Pvt.

L . y Pvt.

L .

The terms and conditions of the application form, fulcrum of the issu involved in all these cases to deliver timely possession pertains to failure on the part ofthe promo of the units in question, seeking award delayed possession charges. f allotment, possession and 3.

The details of the complaints, unit no., d te of agreement, possession clause, due date of possession, total sale co and relief sought are given in the table belo sideration, total paid amount, Proiect Name and Location Sector 89, Gurugra m, Complaint No.

6648 ot 2022 and 3 others "Smartworld Ge 52.275 acres Nature of the proiect Residential Floors DTCP license no. and other details 32 of 2021 dated 0 Valid up to- 02.07.

Licensee- Adhikaa Aawam Residen RERA Registered/ not registered Registered vide no.

Valid up to- 3 0.09.

Not yet obtained Not provided Possession Clause PaEe2of15 / Proiect area tr HARERA # eunueirnr,rr Complai tt No.

6648 of 2022 1d 3 others S, No.

Complaintno., Case title, Date offilinB ofcomplaint and reply status Unit and size BBA Due date of possession T Tol pa rtal sale ;ideration and ll amount id by the rplainant Date of request of refund by the complainant Relief sought 1. cR/ 6648 /2022 Deepak Singhal V/s M3M India Pvt.

Ltd. & Ors.

DOF: 20.10.2022 RR: 09.02-2023, 26.06_2024 Not allotte d Not Cannot be TC: Canr Rs.

7 reful Rs.7, IPagr repl! tained 10,000/- rnt ded- r0,000/- 64 of 29.01_2022 Page 63 of 'eplyl DPC, 2_ cR/ 66s0 /2022 Priti Singh V/s M3M India PvL Ltd. & Ors.

DOF: 20.10.2022 RR: 09.02.2023, 25.O6.2024 Not allotte d I!

Not Cannot be ascertained m l fl TC: )t be lained )0,000/- rDt ded- r0,000/ {ure 2 at 5ol .2O24) t_o2_2022 DPC, Rs.

2 refirl Rs.2, IAs p page appli 28 0r 3. cR/ 66s2 /2022 Ashok Kumar V/s M3M India PvL Ltd. & Ors.

DOF: 20.10.2022 RR: 09.02.2023, 25.06.2024 Not allotte d Cannot be TC: Cann AP: Rs.

7 refur Rs.7, IPag( reply !ained 10,000/ rnt ded- t0,000/ 61of 28.07.2022 lPage 60 of replyl DPC, Page 3 of 15 r' Complaint No. plaint No.

6648 of 202 2 and 3 others cR/ 6940 12022 lnder}reet Singh Virk v/s M3M India Pvt.

DOF: 27_r0.2022 RR: 09.02.2023, 25.06.2024 Not allotte d Not executed Cannot be ascertained 0,000/- nt ,000 /- 24.01.2022 [Page 63 of replyl Particulars Proiect name and location "Smartwo Project area 52.27 5 a Nature of the proiect Residenti DTCP license no. and other details 32 of 2021 Valid up t Licensee- Ltd. and A HARERA *@-GURUGI?AN/ Noter In the table rcferred above certain abbreviations have been Abbreviation Full form Allotment, DPC, Possession l ed.

Theyare elaborated as followsl DOF RR TC Date of ffling of complaint Reply received by the respondedt Total consideration Amount oaid bv the allottee/s 4.

The facts of all the complaints filed by the omplainant(sl/allottce(s) are the particulars of lead casc similar.

Out of the above-mentioned case CR/6648/2022 titled as Deepak Singhal 's M3M India Pvt.

Ltd. & ors. are being taken into consideration for d ermining the rights of the allottee(s).

A.

Proiect and unit related details 5.

The particulars ofthe project, the details of ale consideration, the amount handing over the possession, paid by the complainant, date of proposed delay period, if any, have been detailed in CR/6648/2022 titled as Deepak Singhal following tabular form: S.no.

Cems" 's M3M lndia PvL Ltd. & Ors.

Ld H , Scctor fl9, a ana.

FIoors dated 03.07.2021.

02.07 .2026 Adhikaansh wam Residen Realtors Pvt.

Ltd Page 4 of 15 Details 2.

3.rl ffi HARER'. #- eunuenavr Complaint No.

6648 of 202 2 and 3 others RERA Registered/ not registered Registered 25.10.202.

Valid up to vide no.

70 of 2021 dated 30.09.2025 6.

Allotment letter Not provid d 7.

Builder buyer agreement Not execut 8.

Flat no.

Not allotte 9.

Unit admeasuring Not provid 10.

Possession clause Not provid 11.

Due date of possession Cannot be scertained 12.

Total sale consideration Cannot be scertained 13.

Amount paid by the complainant Rs. ainant Rs.7,00,00 (As admitt 3 at oase 2 )/- :d by the respondent no.

2 & of replvl 1.4.

Surrender/Cancellation request by complainant seeking refund of the deposited amount 29.0t.202i [Page 63 o replyl 15.

Amount refunded t7 .05.202i (page 64 o re 16.

Occupation certificate Not vet ob1 ined 17.

Offer of possession Not offerec B.

6.

Facts ofthe complaint The complainant has made the following su That in luly 2021 the complainant was apl Investors Clinic Infratech Private Limited Salesman, Smart World Developers, at Sma Gurugram.

That using false promises and crafter complainant for making payment as Expr I.

Il. )missions in the complaint: - roached by Suhail Ahmed, M/ .long with Sh.

Shouryaa Bamb 'tWorld Sale Gallery, Sector 82 documents they lured th ssion of Interest of Rs 2 lakh Page 5 of 1 /S )i, ) e s 5 * HARERA tisr- eunuennM without getting RERA registration num Dreams', Sector 89, Gurugram.

Then, a registration, they again promised the co number will be obtained by the company II I.

That the promise of allotment apartment a 10 lakhs cheaper price as they are o Registration number oftheir project namel Gurugram.

It has been informed that pri Further, complainant opted for 10:90 pay which is as under: - a) 10% [Rs T lakhs]: bJ 90%: - 80% will possession. c) For a home loan, the builder will en bank and customer.

Builder will b which is promised in August 2023 builder will continue to bear the int d) For 10% at the time of possession, lakhs, and the customer has to pay o 4.8 lakhs).

This discount offered to deposit EOI within 15 days of launc his friends paid this amount within That in November 2021, the developer got and asked the complainant to pay an ad booking and filled application form.

The gallery and reassured every promise complainant raised certain queries like I - before the date o be funded by a h IV.

Compiaint No.

6648 of 2022 and 3 others r for project namely'City of r enquiring about the HRIIRA plainant that the registration ortly. ion ortly. price of Rs 65.2 lakhs which is ring bookings before HRERA Smart World Gems, Sector 89, is Rs 70 lakhs for 2.5 BHK. ent plan out of offered plans, booking. me loan + 10% at the time of r into a tri-agreement with the ar the interest till possession nd if possession gets delayed est of home loan. the builder will adiust Rs ly Rs 2.2 lakhs IRs 7 lakhs omplainant with conditio n .

The complainant along with days. e HRERA registration number itional Rs 5,00,000/- for final mplainant visited their sales th Shouryaa and Suhail.

The ut is modified compared with 4.4 Rs to rage t or r) HARERA ffi.

GURUGRAM that given to the complainant at the complainant that same will be taken care i verify the same at the time of signing of b That on24.01.2022, the complainant app Team, CRM office, IFC tower, Sector 66, brought up during the discussion that th the promises made at the time ofEOI paym Gems, Sector 89, Gurugram.

They refused stating a reason that the units allotted to friends is in Phasell of project Smart W frozen portion of project as per doubt/question ofthe complainant that th area against promising 700 sq. feet plus refused any comments.

Even they arro refund policy also and nothing can be don That on 08.03.2022, the complainant rais & Country Planning, Haryana and Di However, no action has been taken.

VII.

That on 17.05.2022, the builder instead refunded the deposited amount and now p prices.

Relief sought by the complainant: - C.

7.

The complainant has sought following relie I, Direct the respondent to allot a unit, delay possession charges.

VI.

6648 of2022 and 3 others OI stage.

They promised the final building and we can also lder buyer agreement. ached Smart World Developers Gurugram and it was clearly were not able to keep up with nt against pro.iect Smart World o share details of the booking e complainant as well as other rld Gems, Sector 89, which is RA provisions.

Upon the y are selling 583 sq. ng 583 sq. feet carpet rea, they remained silent and tly said the company havc no d complaint to Director, 'Iown ct Town Planner, Gurugram. f resolution of the complaint, s): to anned to sell the unit at higher give possession and to pay Page 7 of 15 D.

9. * HARER : #- eunuemnr 1l t. party nor a proper party and there is existence with the complainant herein.

Th the said unit was paid to and received Private Limited, the promoter and deve application form signed by the complai On the date of hearing, the authority promoter about the contraventions as all relation to section 11(41 (a) ofthe act to ple Reply by the respondent no.1 The respondent no.1 has contested the grounds: l.

That the answering respondent has no loc in question as it is a separate and a di erroneously been impleaded by the co respondents.

Hence the name of M3M Indi the complaint needs to be dismissed on non-jo inde r oI necessary parties. ll.

That upon enquiry and information recei this complaint is known as "Smartworld Gurugram, Haryana.

The said project is plotted colony under the Deen Dayal fan promoted and developed by M/s.

Adhika Smartvvorld Gems is a RERA registered p Private Limited.

Therefore, M3M India herein has no privity of contract with the That the respondent no.1 in the present co M/s.

Adhikaansh Realtors Private Limi Complaint No.

6648 of 2022 and 3 others lained to the respondents/ to have been committed in guilty or not to plead guilty. complaint on the following s or any concern with the lis tinct legal entity, which has plainant in the array of the Pvt.

Ltd. has to be deleted and unt of the mis-joinder and ed, the project in question in Gems" located at Sector 89. rt of the licensed affordable Awaas Yoina, which is being h Realtors Private Limited. ject of Adhikaansh Realtors Ltd. i.e, respondent no.1 mplainant. plaint is neither a necessary o privity of the contract in t the booking amount against M/s. ainst M/s.

Adhikaansh Realtors oper of the proiect and the t was also submittcd to thc d.

It is submitted that no Page B of 15 ffi HARERA *e" eunuennrrl payments whatsoever have been made respect to the sub,ect unit and thus no ca the respondent no.1 a party to the pres above, it is clear that a complaint can on allottee or real estate agent.

That the the promoter nor the real estate agent action and the relief prayed for is attrib 10. no.1, The respondent no.2 & 3 have grounds: That the complainant after conducting independent enquiries and only after b project of the respondent, applied for allo residence through his broker in the proje 89, Gurugram being developed by the application form and paid an amount o booking amount on 08.1.1.2021.

It is su his own free will and understanding understood all the terms of the applicatio u. fo rm.

That thereafter the complainant for reaso come forward to select the unit as a cons allotted to him.

That the complainant had earlier express ready to move in unit in one of the pro company M/s.

Suposhaa Realcon pvt. lll.

Rs.2,00,000/- towards the confirmation o Page 9 of 15 7 Complaint No.

6648 of 2022 and 3 others o the respondent no.1 with e ofaction has arisen to make nt complaint.

Thus, from the be filed against a promotcr, ondent no.1 herein is neither the proiect and no cause of table against the respondent e complaint on the following his own due diligence and ing fully satisfied about thc ment of an independent floor "Smartworld Gems", Sector answering respondent vide Rs.

5,00,000/- towards the itted that the complainant on nd after having read and form, signed the application s best known to him did not no unit was quence of which his interest of purchasing a es acquired by the associate . and paid an amount of EOl.

Since, the complainant l.

HARER. *€@* GURUGRAII did not come forward to complete the boo unit therefore, the associate company interest. lv.

That the complainant vide email dated 29. dated 29. for the refund ofthe amount deposited Though the contents of the email dated denied by the respondent however, the customer-oriented company acceded to The respondent acting on the request of booking application form in accordance and refunded the amount of Rs.5,00,000 the respondent was entitled to forfeit the That as far as the amount of Rs.2,00,000/- refunded on 17 .05.2022 by the associate the complainant.

It is submitted that th vl.

7,00,000/- was processed as per the requ same was duly accepted by him without complainant is estopped from raising any That the complainant as an afterthou speculations after a period ofapproxima refund amount filed the present complai unit bearing no.

N-1468.

From the fa absolutely clear that the no unit was ever neither the complainant has any privity respondent.

Thus, the complainant has n Authority.

Therefore, the present complai ground alone.

6648 of 2022 and 3 others ng formalities and finalise the cancelled the expression of 1.2022 had himself requested EOI and application form.

29.07.202? are disputed and espondent company being a e request of the complainant. he complainant cancelled the th Clause 10 of Schedule VI - on 17.05.2022, even though mount deposited. s concerned the same was also mpany basis request sent by refund of the amount of Rs. of the complainant and the y protest or demur.

Thus, the ues at this belated stage. t to earn out of real estate y 7 months post receipt of the t seeking allotment of alleged ts stated hereinabove, it is llotted to the complainant and f contract with the answering locus standi to approach this t is liable to dismissed on this Pagc 10 of 15 ffiHARERA ffieunuennl,r 11.

Copies of all the relevant documents have record.

Their authenticity is not in dispute 13. decided on the basis ofthese undisputed do by the parties.

E, lurisdiction ofthe authority 12.

The authority observes that it jurisdiction to adjudicate the below.

E. below.

E.l Territorialiurisdiction has territo present co As per notification no.

1/92/2017-7TCP 'l'own and Country Planning Department, Regulatory Authority, Gurugram shall be e purpose with offices situated in Gurugram. in question is situated within the planni Therefore, this authority has complete terri the present complaint.

E.ll Subiect matter iurisdiction 14.

Section 11(4)(al of the Act, 2016 provid responsible to the allottee as per agreeme reproduced as hereunder: Section 11 (4) The promoter shall- (o) be responsible for oll obligaLions, under the provisions of this Act or the thereunder or to the allottees qs per the association ofollottees, as the case moy be, aportments, plots or buildings,asthe case common areas to the ossociotion ofallottees as the case may be; Complaint No.

6648 of 2022 and 3 others been filed and placed on the Hence, the complaint can bc ments and submission made al as well as subject matter reasons given plaint for the 74.72.2077 issued bv e jurisdiction of Real Estate tire Gurugram District for all the present case, the project area of Gurugram District. rial jurisdiction to deal with that the promoter shall be for sale.

Section 11(aJ[a) is nsibilities and functions les and regulqtions made reement for sole, or to the ill the conveyonce ofollthe be, to the allottees, or the r the competent outhoriA, Page 11 of 15 HARERA GURUGRAI/ Section 34-Functions of the Authority: j4A of the Act provides to ensure compli upon the promoters, the allottees and the Act and the rules and regulations mode the 15.

So, in view of the provisions of the Act qu complete jurisdiction to decide the complai obligations by the promoter- F, Findings on objections raised by the res F,I Obiection regarding maintainabi respondent no.1, 16.

The respondent no.1 has filed an application it stating that the said project is being M/s.

Adhikaansh Realtors Private Limited privity oF contract with the complainant. mplainant.

T said unit was paid to and received by M/s Limited and the application form signed submitted to M/s.

Adhikaansh Realtors respondent no.1 is neither the promoter n project and no cause of action and the re against the respondent no.1, After consideri record as well as submissions made by th the complainant has not submitted an establishes the liability of respondent no. w.r.t proof of payment being made to the r by him till date.

Further as per Section 31. of person may file a complaint against any pr agent.

However, as per record, the responde definition of promoter, allottee or a real Page 12 of 15 ,r' Complaint No.

6648 of 2022 and 3 others ce of the obligations csst I estote agents under this under. ted above, the authority has regarding non-compliance of ndent no.1 ty of complaint against for dismissal of complaint qua romoted and developed by and respondent no.1 has no booking amount against the Adhikaansh Realtors Private y the complainant was also vate Limited.

Further, the r the real estate agent of the ief prayed for is attributable g the documents available on parties, it is determined that document on record that 1.

Additionally, no document pondent no.1 has been filed he Act of 2016, any aggrieved moter, allottee or rcal cstatc t no.1 does not fall within the state agent as per sec 2(zk), ffHARERA H eunuenRvr 77.

2(zm),2(d) of the Act of 2016.

In view of th is not maintainable and is hereby dismissed C.

Findings on the relief sought by the com G.l Directthe respondentto allota unit, to possession charges.

The complainant has submitted that in ,Ju approached by Suhail Ahmed, M/s Inv Limited along with Sh.

Shouryaa Bam Developers, at Smart World Sale Gallery, Se promises and crafted documents they lure payment as Expression of Interest of Rs registration number. [n November 2021, registration number and asked the com Rs. he com Rs.5,00,000/- for final booking and filled ap the complainant approached the Smart W office, and it was clearly brought up during not able to keep up with the promises ma against project Smart World Gems, Sector share details of the booking stating a reaso complainant as well as other friends is in P Gems, Sector 89, which is frozen portio provisions.

Even they arrogantly said the c also and nothing can be done.

On 17.05 resolution of the complaint, refunded th planned to sell the unit at higher prices.

Ho have submitted that the complainant has independent floor residence through his bro Complaint No.

6648 of2022 and 3 others above, the present complaint qua respondent no.1. lainant. possession and to pay delay y 2021 the complainant was tors Clinic Infratech Private i, Salesman, Smart World or 82, Gurugram.

Using lalse the complainant for making lakhs without getting RERA e developer got the HRERA ainant to pay an additional lication form.

On 24.01.2022, rld Developers Team at their the discussion that they were e at the time of EOI payment 9, Gurugram.

They refused to that the units allotted to the se-ll of project Smart World of project as per HARERA mpany have no refund policy 022, the builder instead of deposited amount and now ever, the respondent no.2 & 3 applied for allotment of an r in the project "Smartworld Page 13 ot15 ffiH P-e ARERA URUGRAM Gems", Sector 89, Gurugram being devel form and paid an amount of Rs.

5,00,000 on 08.11.2021.

Thereafter, the complainan the unit as a consequence of which no unit complainant had earlier expressed his in move in unit in one of the properties acq M/s.

Suposhaa Realcon Pvt.

Ltd. and pai towards the confirmation of EOl.

As the co to complete the booking formalities and associate company cancelled the exptess complainant vide email dated 29.O1.ZOZT refund of the amount deposited towar Accordingly, the respondent acting on th As far as 18. cancelled the booking application form Rs.5,00,000/- on 17.05.2022.

7.05.2022. concerned, the same was also refunded o company on the basis of request sent by th After considering the documents av submissions made by the parties, the complainant is at fault and has failed to booking formalities and finalize the allo adhering to the request made by the c 29.07.2022, has already refunded the ent Rs.7,00,000/- in the account of the compla case for allotment, possession as well as de out.

Thus, the present complaint stands dis Complaint No.

6648 of 2022 and 3 others ped by them vide application - towards the booking amount did not come forward to select allotted to him.

Further, the rest of purchasing a ready to ired by the associate company an amount of Rs.2,00,000/- plainant did not come forward nalise the unit, therefore the on of intArest.

Moreover, the had himself requested for the s EOI and application form. request of the complainant, d refunded the amount of e amount of Rs.2,00,000/- is 17.05.2022 by the associare complainant. ble on record as well as thority is satisfied that the me forwhrd to complete the ent.

Further, the respondents mplainant vide email dated re amount received by it i.e., nant. [n view of the above, no y possession charges is made issed being devoid of merits.

Page 14 of tS ( Haryana Real Estate Dated:2L.0B.2024 ffiHARERA SF- euRueRlvr 19.

This decision shall mutatis mutandis apply this order.

20.

The complaints stand disposed off 21.

Files be consigned to registry.

HARE} GURUGA ority, G ned in para 3 of 6")rI a A nlr No.6648 of 2022 Page 15 of15 { (Asho( san$an) rr.r"'nu{/