GULSHAN RANI vs SAVYASACHI INFRASTRUCTURE PVT LTD

The present complaint has been received on 19.10.2022. Vide previous order dated 05.10.2023, the authority directed that the respondent be served by way of substituted service i.e., by way of publication in newspapers Dainik Bhaskar and Hindustan Times. The requisite publication was done on 06.12.2023. Despite publication, the respondent no. 1 & 2 have failed to appear or file reply so far in spite of sufficient opportunities. In view of the above, the respondent is proceeded ex-parte. Succinct facts of the case are as under: S.N. Particulars Details 1. Name of the project “Amaya Greens”, Sector 03, Gurugram. 2. Nature of the project Deen Dayal Jan Awaas Yojna 3. Project area 9.0375 acres 4. License no. 37 of 2017 dated 28.06.2017 Valid up to 27.06.2022 Licensed area : 9.0375 acres Licensee - Sharma Confectioners Pvt. Ltd. 5. RERA registered or not 212 of 2017 dated 18.09.2017 Valid up to 16.03.2023 (Including 6 months grace period of COVID) Registered area : 9.0375 acres 6. Completion certificate received on 11.01.2021 7. Allotment letter dated 27.12.2021 [Page 29 of complaint] 8. Memorandum of understanding executed between the complainant and the respondent Not executed 9. Unit no. Plot no. A39 Admeasuring 126.06 sq. yds. (Page 29 of complaint) 10. Basic sale consideration Rs. 25,84,230/- As per allotment letter dt. 27.12.2021  (Page 29 of complaint) 11. Paid up amount Rs. 23,46,150/- As alleged by complainant (Page 26 of complaint) 12. Due date of possession 05.03.2022 The counsel for the complainant states that the complainant is seeking possession of the unit, delayed possession and other reliefs. It is contended by the complainant that the possession has not been handed over to her till date. Arguments heard. In view of the above, the respondent is directed to handover the possession of the allotted unit/plot to the complainants complete in all aspects as per specifications of buyer’s agreement within one month from date of this order after payment of outstanding dues, if any, as the completion certificate in respect of the project has already been obtained by it from the competent authority.  The respondent is directed to pay the delayed possession charges to the complainant against the paid up amount at the prescribed rate of interest i.e., 11.10% per annum from due date of possession 05.03.2022 till the valid offer of possession or actual handing over of possession whichever is earlier and further direct the respondent to execute the conveyance deed upon payment of outstanding dues and requisite stamp duty by the complainants as per norms of the state government as per section 17 of the Act with 3 months from the date of this order failing which the complainants may approach the adjudicating officer for execution of order. The respondent shall not charge anything from the complainants which is not the part of the buyer’s agreement and the provisions of Deen Dayal Jan Awas Yojna, 2016.  Detailed order will follow. Matter stands disposed off.

In the present complaint the respondent had failed to file reply so far in spite of multiple opportunities and even after public notice in the newspaper. Therefore, the respondents were proceeded ex-parte vide proceedings dated 12.12.2023.         The counsel for the complainant states that there was a collaboration agreement executed on 28.06.2016 between the landowner i.e., Sharma Confectioners Pvt. Ltd. & Savyasachi Infrastructure Pvt. Ltd for the land admeasuring 97 Kanal 6 marla i.e.,12.1625 acres. Additionally, he states that the license had been granted by DTCP vide license no 37 of 2017 dated 24.06.2017 valid up to 27.06.2022 for land admeasuring 9.0375 acres only and after that the project had been registered with the interim RERA vide RC no 212 of 2017 dated 18.09.2017 valid up to 16.03.2023 (including 6 months Covid-19 extension). The license for the balance part i.e., 3.125 acres has not been granted by DTCP, Haryana and not registered with the Authority also.          Further, the counsel for the complainant states that the respondent no. 2 i.e., Sharma Confectioners Pvt. Ltd. is landowner of the project land and is equivalent to promoter as the payments have been made by the allottees to R2 also. The respondent no.2 appeared on the project site when the local commissioner visited the project site and made an enquiry for the status of   construction of the project but never put up an appearance during proceedings which shows that respondent no.2 is deliberately delaying the proceedings. The counsel for the complainant during proceedings submitted the calculation with respect to the total amount taken from the allottees and total expenditure dealt to be incurred for completion of the project and the landowner has got enough money & hence as per section 2(zk)(v) of the Act, 2016, the landowner i.e., respondent no.2 may also be held liable for discharging duties of promoter. Further the counsel requesting for the relief of possession, delayed possession interest, execution of BBA & restrain the respondent from creating any third-party rights or cancellation of allotment of unit. However, it was noted that how direction of possession for any unauthorized colony can be given by the Authority & status of said colony shall be obtained from department of Town and Country Planning. The counsel for complainant may file brief written submission alongwith details of allottees whose units are part of the registered project and the units which are not part of the registered project within 4 weeks in the registry of the Authority. Matter to come up on 08.10.2024  for final arguments/orders.

Vide resolution No.3026 dated 22.03.2024 a request has been received from District Bar Association,  Gurugram that on account of “Hola” i.e. 0n 26.03.2024,  the Hon’ble High Court of Punjab & Haryana and District Court remains closed, hence,  the matter is adjourned to  09.07.2024   for the purpose as already fixed.