DEVENDER KUMAR vs APEX BUILDWELL PVT. LTD.

Order pronounced. The respondent is directed to pay delay possession charges to the complainant against the paid-up amount at the prescribed rate of interest i.e. 11.10% p.a. for from the due date of possession i.e., 02.06.2017 till the date of offer of possession i.e., 01.12.2019 plus two months or actual handing over of possession whichever is earlier as per section 18(1) of the Act of 2016 read with rule 15 of the rules. Matter stands disposed of. Detailed order will follow.

File taken up today as 31.10.2024  has been declared holiday on account of Diwali festival,  hence, the matter is adjourned to 14.11.2024 for pronouncement of order.

The present complaint was filed on 14.10.2022 and reply on behalf of the respondent was received on 28.12.2023, after delay of a year. The counsel for the respondent has filed an application for placing on record relevant documents clarifying the date of commencement of construction. Succinct facts of the case as per complaint and reply are as under: S. No. Heads Information 1 Name and location of the project “Our Homes”, Sector 37 C, Gurugram, Haryana 1.       Nature of the project Affordable Group Housing project 2.       Project area 10.144 acres 3.       DTCP License     13 of 2012 dated 22.02.2012 valid till 01.12.2019 4.       HRERA registered/ not registered 40 of 2019 dated 08.07.2019 valid up to 01.12.2019 5.       Application dated 26.09.2012 (As per page 24 of the complaint)   6.       Date of execution of apartment buyer’s agreement   22.02.2013 (As per page no. 22 of the complaint) 7.       Unit no. 937 on 9th floor, Tower Lotus (As per page no. 25 of the complaint) 8.       Super Area 48 sq. mt. (As per page no. 25 of the complaint) 9.       Possession clause 30. ……. the DEVELOPER proposes to handover the possession of the APARTMENT within a period of 36 months, with a grace period of 6 month, from the date of commencement of construction of the Complex upon the receipt of all project related approvals including sanction of building plan/ revised plan and approval of all concerned authorities including Fire Service Department, Civil Aviation Department, Traffic Department, Pollution Control Department etc. as may be required for commencing, carrying on and completing the said complex subject to force majeure, restrains or restriction from any court/authorities. ……..   (As per page 31 of the complaint) 10.               Due date of delivery of possession 02.06.2017 11.               Consent to Establish 02.12.2013 12.               Basic sale consideration Rs.16,00,000/- (As per page no. 25 of complaint) 13.               Total amount paid by the complainant Rs.16,00,000/- exclusive of stamp duty (As per page no. 27 of reply) 14.               Occupation Certificate   (As per page no. 23-24 of reply) 15.               Offer of Fit-Out Possession 03.06.2019 (As per page no. 54 of the complaint) 16.               Offer of possession 01.12.2019 (As per page no. 26 of reply) 17.               Conveyance Deed 11.12.2020 (As per page no. 27-68 of reply)   The counsel for the complainant is requesting for relief in terms of order passed by the authority in similar case bearing CR No.1246/2022 and is seeking delayed possession charges. However, the counsel for the respondent states that complaint is barred by limitation on the ground that  not only  offer of the possession was made in 2019 after obtaining OC on 29.11.2019 and CD has been executed on 11.12.2020.  The cause of action arose on the due date which was 02.06.2017 and hence, the complaint filed by the complainant in 2022 may not be entertained. Both the parties may file brief written submissions within a period of 15 days with an advance copy to each other. Order reserved. Matter to come up on 31.10.2024 for pronouncement of order.