SUMITRA YADAV THROUGH HER LEGAL HEIR SATYA NARAIN vs OCEAN SEVEN BUILTECH PVT LTD

The present complaint was filed on 09.02.2024 and registered as complaint No. 449 of 2024 and reply was received on 11.09.2024. On last date of hearing (i.e., 02.01.2025), the counsel for the complainant request for short adjournment to file registered Will executed by original allottee in favor of complainant (being legal heirs of original allottee).  The counsel for the complainant has submitted a certified copy of registered Will during the proceedings which is taken on record. The Succinct facts of the case as per complaint and annexures are as follows: S.No. Particulars Details Name and location of the project “The Venetian” at sector-70, Gurgaon, Haryana Nature of the project Affordable group housing Project area 5.10 acres DTCP license no. 103 of 2019 dated 05.09.2019 Valid up to 04.09.2024 RERA Registered/ not registered Registered vide no. 39 of 2020 dated 27.10.2020 valid up to 02.09.2024 Unit no. 1304, Tower-2 (type-2) (As per page no.42 of the complaint) Unit area admeasuring 556.280 sq. ft. (Carpet area) & 90 sq. ft. (balcony area) (As per page no.42 of the complaint) 8.       Application form 21.12.2020 (as per page no.26 of complaint) Date of allotment 09.03.2021 (As per page no.42 of the complaint) Date of apartment buyer’s agreement Not executed 11.          Date of approval of building plan 07.02.2020 (As per DTCP official website) 12.          Date of environmental clearance Not obtained (as submitted by counsel for respondent during the proceedings) Payment plan Time linked payment plan Possession clause as per buyer’s agreement Not provided 15.          Possession Clause (as per affordable housing policy, 2013) 1(IV) of the Affordable Housing Policy, 2013 All such projects shall be required to be necessarily completed within 4 years from the approval of building plans or grant of environmental clearance, whichever is later. This date shall be referred to as the “date of commencement of project” for the purpose of this policy. The licenses shall not be renewed beyond the said 4 years period from the date of commencement of project. Due date of possession Cannot be ascertained Total sale consideration Rs.22,70,120/- (As mentioned in application form at page no.32 of the complaint) Amount paid by the complainant Rs.8,59,811/- (As per payment receipt and details provided at page no.44-47 of complaint) Occupation certificate Not obtained Offer of possession Not offered 21.          Demised of Original allottee (Sumitra Yadav) 13.10.2022 (as mentioned in email dated 06.01.2023 at page no.51 of complaint) 22.          Request for refund (due to death of original allottee) 06.01.2023 (as mentioned in email dated 06.01.2023 at page no.51 of complaint) The counsel for the complainant that the complainant has already paid an amount of Rs.8,59,811/- against the total sale consideration of Rs.22,70,120/-way back in 2021. However, till today environmental clearance was not granted to the respondent by the concerned authority. And hence, the complainant is willing to withdraw from the project and requests for refund. The counsel for the respondent states that the complainant is not an allottee and is one of the legal heir’s of the original allottee, and no document with respect to legal heir certificate is being place on record and hence complainant is not entitle for any relief sought. On this, the counsel for complainant states the present complainant is entitle to claim relief, as a registered Will was made by the original allottee (i.e., Sumitra Yadav) and as per that registered Will, all moveable and immovable property in my name (i.e., Sumitra Yadav) is being automatically transferred in favor of the complainant (i.e., Satya Narayan). The complaint is being filed through its legal heir in terms of registered Will and the relief sough in present complaint are maintainable Arguments heard  In view of the above, the respondent is directed to refund the entire paid-up amount of Rs.8,59,811/- received by it from the complainant as per clause 5(iii)(b) of Affordable Housing Policy, 2013 as amended by the State Government on 22.07.2015, along with prescribed rate of interest i.e.,11.10% per annum under Rule 15 of the Haryana Real Estate (Regulation and Development) Rules, 2017 from the date of each payment till its realization. Matter stands disposed off. Detailed order will follow.

The present complaint was filed on 09.02.2024 and registered as complaint No. 449 of 2024 and reply was received on 11.09.2024. The counsel for the complainant states that the present complaint is filed through legal heir of original allottee, as the original allottee has passed away on 13.10.2022. The copy of death certificate of original allottee (i.e., Sumitra Yadav) has been submitted during the proceedings and requested for a short adjournment to file the certified copy of registered Will. The counsel for the complainant is directed to submit the certified copy of the registered Will within one week after supplying a copy to the respondent. Further, the cost of Rs.5,000/- imposed on respondent by the authority during the proceedings dated 28.03.2024 has not yet been paid. The respondent to ensure its payment before the next date of hearing. Matter to come up on 13.02.2025 for further proceedings.

Since the Hon’ble Member is on leave, hence, the matter is adjourned to 02.01.2025 for further proceedings.