SACHIN GOEL vs RAMPRASTHA ESTATES PRIVATE LIMITED

ffi HARERA #- aiRuGRA[/ Complaint no. i Date of complaint : Date oforder : Sachin Goel, R/o: - Flat No.

32, GH-7, Sector-s, MDC, Panchkula, Haryana-1 341 14.

Versus M/s Ramprastha Promoters & Developers Pvt.

Ltd.

Regd.

Oflice At: - Plot No.

714, Seclor-44, Gurugram, Haryana-122001.

CORAM: Ashok Sangwan APPEARANCE: Rishabh f ain (Advocate) Vishal Majumdar (Advocate) ORDER 1.

The present complaint has been filed bythe complainant/allottee under section 31 ofthe Real Estate (Regulation and Development) Act,2016 (in short, the Act) read with rule 28 of the Haryana Real Estate (Regulation and DevelopmentJ Rules,2017 (in short, the Rules) for violation of section 11(41(a) ofthe Act wherein it is inter alia prescribed that the promoter shall be responsible for all obligations, responsibilities and functions under the provisions of the Act or the Rules and regulations made there under or to the allottee as per the agreement for sale executed lnter se.

Page 1 of 15 Complaint No.

523 of 2024 BEFORE THE HARYANA REAL ESTATE REGULATORY AUTHORITY, GURUGMM 523 of 2024 13.o2.2024 07.o5.2025 Complainant Respondent Member Complainant Respondent MHARERA #eunuennvr A, Unitand proiect related details Complaint No.

523 of 2024 2.

The particulars of unit details, sale consideration, the amount paid by the complainant, date of proposed handing over the possession, delay period, if any, have been detailed the following tabular form: S.

No.

Particulars Details 1.

Name ofthe project Cannot be ascertained 2_ Project area Cannot be ascertained 3.

Plot no.

Not Provided 4.

PIot area admeasunn*,{S (50 sq. yds. fiffig no.

30 of the complaintJ 5.

Date of booking I fS.OZ.ZO t e | (page 30 ot comptaintJ 6.

Allotment letter u lt Provided ,t e)("*t"d 7.

Date of execution of I buyer's agreement ror I r\( 8.

Possession cp${ Not Provided 9.

Due date of essron l1s.o: I Icrt, lrr,, ID'Li, I MAN d as per Fortune cture and Ors, vs.

Trevor Ors. (72.03.2078 - SC); s3/20181 10. /20181 10.

Total sale consideration on page 29 of 11.

Amount paid by the complainants Rs.6,50,000/- [As per receipt dated 15.07.2013 on page 30 of complaintl 72.

0ccupation Certificate Not Provided 13.

Offer of possession Not Provided B.

Facts ofthe complaint 3.

The complainant has made the following submissions: - I.

That the respondent published very attractive brochure, highlighting the residential plotted colony situated at Gurugram, Haryana.

The PaEe 2 of tS ffiIAlElA ffiounuennvr Complaint No.

523 of 2024 respondent claimed to be one of tle best and finest in construction and one ofthe leading real estate developers ofthe country in order to lure prospective customers to buy the plots in the future project including the complainant.

II.

That the complainant was approached by the sale representatives of the respondent, who made tall claims about their future project as the world class project.

The complainant was invited to the sales office and was lavishly entertained and pr were made to him that the over in time including that of possession of his plot parking, horticulture, club common areas.

The complainant was impressed by and representations and ultimately lured Promoters and spondent, Ramprastha cheque no.

000002 dated 26.06.20 yards plot and for 250 square receipt no.077 dated 15.07.2013 to III.

That the respond execute a plot buyer's agreement towards pu hforesaid plot measuring 250 square yards at Section 13 ofthe Act, 2016 by costofthe plot before the execution o due date of offer for possession comes out to be 1.5.07.2016 based on the ratio laid down by the Hon'ble Supreme Court iudgment in Fortune Infrastructure vs Trevor D Lima [2018) SSCC 442] and Pioneer Urban Land & Infrastructure Ltd vs Govindan Raghavan [(2019J SC 725].

IV.

That the complainant recently wrote an email dated 19.05. ted 19.05.2023, to the respondent seeking information about the status of physical offer of possession ofthe plot butto no avail as the respondent failed to submit Page 3 of 15 MFflBElA H ouRuonnvr Complaint No.

523 of 2024 any justified response.

Rather, the respondent informed via email of even date that the company is in the process of obtaining HREM registration.

V.

That the complainant approached the respondent and pleaded for delivery ofpossession ofhis plot on various occasions.

The respondent did not reply to his letters, emails, personal visits, telephone calls, seeking information about the status of the proiect and delivery of possession of his plot, thereby the respondent violated Section 19 of the Act, 2016.

U.

That the respondent is and accountable towards the lawful rights of the ent is bound to pay the interest on the d ainant ifthere is a delay in handing over respondent has in an unfair manner, proiect and utilised same for its VII.

That the respo complainant that the physical possessio in timely manner, has neither allotted anv nor has paid any interest for delav on the trade practices & deficiencies in s VIII.

That by del unjustly enriched himself by taking complete payable amount and additional charges from the complainant and thereafter utilizing that huge money on other proiects and left the complainant high and dry at his own fate. lX.

That, the complainant has suffered financial losses and mental agony & harassment as a result ofthe aforesaid deficiencies in services.

The complainant is the worst sufferer due to the geed ofthe respondent.

Page4of15 *s c.

4.

HARERA GURUGRAIV] Relief sought by the complainant: Complaint No.

523 of 2024 The complainant has sought following relief(s): I.

Direct the respondent to allot a plot, handover possession ofthe plot and to pay delay possession charges.

I[.

Direct the respondent to pay legal expenses. expenses.

0n the date of hearing, the authority explained to the respondent/promoter aboutthe contraventions as alleged to have been committed in relation to section 11(41(a) of the Act to plead guilty or not to plead guilty.

Reply by the respondent.

The authority observes .72.2024, the counsel for the complainant has filed leadment/substitution of M/s Ramprastha Ltd. stating that in the memo of parties, has been impleaded in place of M/s Pvt.

Ltd. and it was prastha Estate Pvt. mistakenly s Ltd. was formerly & Developers D.

6.

Pvt.

Accordi application for imp issued to M/s ers Pw Ltd. with a of 30 days from the the date fixed i.e.

19.03.2025, failing which its defence shall be liable to be stmck off.

On date fixed, i.e.

19.03.2025, Advocate Vishal Majumdar appeared and filed memo of appearance on behalf of M/s Ramprastha Promoters & Developers Pvt.

Ltd. and sought an adiournment to file reply in the matter.

It was observed tlat despite specific directions for filing of reply, the respondent has failed to comply with the orders of the authority. lt shows that the respondent was intentionally delaying the dated 18.12.2023, rhe was allowed and notice was ma Page 5 of15 ffiHARERA ffi ounuonnvr Complaint No.

523 of 2024 procedure of the court by avoiding filing of written reply.

However, in the interest ofiustice, the respondent was given a liberty to file written submissions within a period of two week, but the same has not been submitted by it till date.

Thereforg in view ofabove, the defence ofthe respondent is hereby struck off.

7.

Copies ofall the relevant documents have been filed and placed on the record.

Their authenticity is not in dispute.

Hence, the complaint can be decided on the basis of these undisputed documents and submission made by the complainant. furisdiction of the autho The authority o as well as E.

8. t for the subiect matter reasons given jurisdiction to ad below.

E.l Territo 9.

Territo 9.

As per notificati Town and Cou Regulatory Authori all purpose with offices project in qu District.

Th 4.L2.2017 issued by sdiction of Real Estate Gurugram District for ln the present case, the RA**":::':Tor'" complete terTltonal lunsolcnon to deal with the present complai RAM E.II Subiect matter iurisdiction 10.

Section 11[4)(aJ of the Act,2016 provides that the promoter shall be responsible to the allottees as per agreement for sale.

Section 11(4)(a) is reproduced as hereunder: Section 77 (4) The promoter sholl- [a) be responsible for all obligations, responsibilities and functions under the provisions of this Act or the rules and regulations mqde Page 6 of 15 ffiHARERA #- aJRUGRAT',4 Compiaint No.

523 of 2024 thereunder or to the allottees os per the agreement for sale, or to the association of allottees, as the cose may be, till the conveyance of all the apartments, plots or buildlngs, as the case moy be, to the allotteet or the common areas to the ass(rciation of allottees or the competent authoriry, os the case may be; Section 34-Functions ofthe Authori y| 34A ofthe Act provides to ensure complionce ofthe obligqtions cast upon the promoters, the allottces and the real estate agents under this Act and the rules and regulotions mode thereunder, 11.

So, in view of the provisions of the Act quoted above, the authority has complete iurisdiction to decide the complaint regarding non- compliance of obligations by the F.

Findings on the relief mplainant F.

I Direct the respondent and handover possession of the plot and to pay charges. t2.

The complainant ha ng 250 sq. yards. in futuristic project ng an amount of Rs.6,50,000/-. a payment receipt bearing no.

077 t to note that no plot buyer agreeme the parties.

The complainant has p amount to book a plot in the futuristic proj no such plot number was allotted to him.

Even no no basic price was mentioned in the receipt. e receipt.

Thus, in view the respondent who 2013 has been in has accepted an custody of the plot and has been enjoying benefits out of it.

13.

Now the question before the authority is whether the receipt issued by the respondent/promoter falls within the definition of agreement, as per section 2 [e] of The Contract Act, 1872 and which provides that: "Every promise ond every set of promise forming the consideration for each other is an agreement said DavmenL It is im Page 7 of15 MHARERA HeuRuenRl,l Complaint No.

523 of 2024 Further, section 10 of the Act of 7872 defines the conditions under which the agreement made fall with the definition of contract and the same provides as under: "All agreements ore controcts if they are mode by the lree consent of parties competent to contract for o lowful consideration and with a lawful object and are not herby expressly declared to be void." There are a large number ofcases coming to the notice ofthe authority wherein the promoter had taken the whole or partial amount ofmoney and only issued receipt against the allotment of a plot either in the exiting or in its upcomi Gurugram.

Neither has the promoter issued any all nor executed any buyer's agreement in this pt so issued in favour of a person can be before RERA Au e to put the developer bligations against the bound to explain the reasons for whi nsideration amount for so long, cons company is not a bank or non- 16.

The Authority observes of considerable amount of money against th respondent-promoter has neither sp L4.

15. holder of that allotted a specifi.@ enter into a written agreement the complainanL complainant nor has and has also failed to sale with respect to the same with 17.

The abovementioned issue has already been dealt by the Haryana Real Estate Regulatory Authority, Panchkula in the case titled as iYisrrant Bansal VS M/s Parsvnath Developers Limited decided on 77.03,2020, wherein the following has been observed: 75. erved: 75.

For the reasons recorded above, the comploinB ore allorared and the respondent is directed to allot and deliver the possession of booked plob Page B of 15 HARERA ffiGURUGRAN/ Complaint No.

523 of2024 to the complainants in the project Parsvnath CiA, Sonipot on payment of balonce sale consideration recoverable from them.

The respondent shall comply with these directions within 90 doys from the dote of uploading of this order.

In cose the respondent due to non- availability of plots is not qble to g'llot ond ofrer its possession to the complainant concerned, he will be liable to make availqble to him a plot of the size, as booked by purchosing it hom the open morket at his own cost The respondent however will be entitled to recover from the complainants the bqlqnce amount payoble by them as per the rate ogreed by the porties at the time ofbooking of plots, 18.

Moreover, the respondent/applicant has filed an appeal before The Haryana Real Estate Appellate Tribunal, and the same was decided on 23. "The submission of the sel for the appellant that the directions given by the inthe impugned order thotthe oppellant is liable res ponde nts/olloftees p I ots ofthe size, as from the open market ot its own costs substance because it is established sold the plots which um by ignoring the legitim0te t ofthe plots and the illegal m by effecting the blished that the appellont/t legal claim of the responden them on premium to other persons, 37 of the Act, is competent to necessoty.

24.

Though, the leo order hod directed of the booked plob ta City, Sonipal but did not awqrd in the proviso an qllottee does e sholl be paid, by promoter, honding over oJthe possessiorL as such rate as moy be prescribed Accordingly, the respondents/ollottees are entitled to the prescribed rote of interest i.e. at the SBI highest marginal cost of lending rote (MCLR) +2% i.e.

10. % i.e.

10.2 5% afier a period oI three yearc lrom the dote of deposit of the amount which is q reosonable period Iot completion of the contract till the handw over the possession.

25, Alternatively, if the allottees wish to purchuse equivalent size plots of their own in resole of the colony of the promoter, or equivolent ploa in any other project of the qppellant in District Sonipat, they ore ot liberry to take refund of the omount paid along with prescribed rate of interest i.e.

SBI highest marginal cost of lending rote (MCLR) +2% i.e.

10'25% per onnum from the dote of deposits till realisation and seek compensotion of the excess omount paid in such purchose of plob, along Page 9 of 15 were meant to Section 1 not intend the qppellant to ollot HARERA ffi GURUGIiAM Complaint No.

523 of 2024 with compensotion for mentol ogony, harossment ond legql expenses by way of frling separate complaints before the leamed Adjudicating 0lficer." 19.

In view of the reasons stated above and judgement quoted above, the respondent is directed to allot a specific plot number and issue allotment and execute the buyer's agreement ofthe said plot allotted to him within a period of 90 days from the date ofuploading ofthis order.

In case, respondent/ promoter due to non-availability of plots is not able to allot and offer its possession to the complainant in any existing project, it will be liable to to him a plot of the size, as booked, specifying the g project wherein specific plot number shall be provi d time framed and execute buyer's agreement Now, the issue complaint is whether ofplot booked by the complainant is e coinplainant al handing over the possession in ab buyer agreement.

21. ln the present com to continue with the project and is seeking as provided under the proviso to secti reads as under. as under. "Section 7& - is unable to give possession of Provided that where an sllottee does not intcnd to withdraw Fom the proiect he shall be poiil, by the promotcr, interest for evety month oI deloy, till the handlng over of the possession, at such rate as may be Prescribed'" 22. ln the instant matter, even after lapse of more than 11 years from the date of payment till the filling of complain! no allotment letter and buyer's agreement has been executed inter-se parties.

Even till date, the respondent has miserably failed to speciff the project name as well as plot number where 250 sq. yards. has been allotted.

Further, the 18(1). lf the an aportment, Page 10 of 15 *HARERA # aJRTJGRAT\,{ respondent authority in complaint No.

523 of 2024 24. fails or surrender its claim wr.t. the alleged date, the a rightful manner can proceed in the light of iudicial precedents established by higher courts.

When the terms and conditions exchanging (agreementJ between parties omits to specify the due date ofpossession the reasonable period should be allowed for possession ofthe unit or completion ofthe proiect.

23.

That the authority is ofthe considered view that the Act, 2016 ensures the allottee's right to information about the project and the unit.

That knor,vledge about the ti very of possession forms an inseparable part of the as the respondent is not communicating the nant/allottee.

Hence, it is violation of the .t The Hon'ble Sup Ors.

Vs.

Trevor /2078 observed Infrastructure and wait indelnitely for the possession of ey are entitled to seek the refund of the with compensation.

Although we are when there was no delivery period time has to be taken into oJ this case, a time period for completion of the contract 25.

In view of the above-mentioned reasoning, the date of payment made vide receipt dated 15.07.2013, ought to be taken as the date for calculating due date of possession.

Therefore, the due date of handing over of the possession of the unit comes out to be 15.07. be 15.07.2016, manifesting that there has been a delay of more than 8 years in handing Page 11of15 ffiHARERA ffi aLnuennr,r Complaint No.

523 of2024 over possession, making the respondent liable to pay delay possession charges as per Section 18 ofthe Act, 2016 along with possession.

26.

Payment ofdelay possession charges atprescribed rate ofinterest: The complainant is seeking delay possession charges at the prescribed rate of interest.

Proviso to Section 18 provides that where an allottee does not intend to withdraw from the project, he shall be paid, by the promoter, interest for every month of dela, till the handing over of possession, at such rate as may be bed and ithas been prescribed under Rule 15 of the Rules.

27.

The legislature in its wisdo ordinate legislation under the provision ofRule 15 of ed the prescribed rate of interest.

The rate by the legislature, is reasonable and if the interest, it will ensure uniform 28.

Consequently, Bank of lndia i.e., httos: / /sbi.co.in. (in short, MCLR) as on date i.e., 07.05.2 , the prescribed rate of interest will be marginal rate +Zo/o i.e., l1.,t0o/o.

29.

The definition of z(za) ofthe Act provides that the the allottee by the promoter, in of interest which the promoter shall be liable to pay the allottee, in case ofdefault.

Therefore, interest on the delay payments from the complainant shall be charged at the prescribed rate i.e., 11,10olo by the respondent/promoter which is the same as is being granted to him in case of delay possession charges.

On consideration ofthe documents available on record and submissions made by both the parties regarding contravention of provisions of the 30.

31.

Page 12 of15 \/ Complaint No.

523 of 2024 n certificate or actual obtaining compl handing over of HARERA ffiGURUGRAN/ Act, the authority is satisfied that the respondent is in contravenflon of the Section 11(4)(a) ofthe Act by not handing over possession by the due date. due date.

The possession of the subject plot was to be delivered by L5.07.2016.

However, the respondent/promoter has not allotted a specific plot number to the complainant and also has failed to handover possession of the plot to the complainant till date of this order.

Accordingly, it is the failure of the respondent/promoter to fulfil its over the physical possessi ty is of the considered view that there is delay on the p ondent to offer of possession of the booked plot to r no CC/part CC has been granted to the proj be treated as on-going project and the licable equally to the builder as well Accordingly, the contained in section on the part of the 11(4)(aJ read respondent is nant is entitled to delay possession charges at rate interest @11.1070 p.a. w.e.f.

15.07.2016 till Evo months after as per provisions of Section 18[1J ofthe Act read with Rule 15 ofthe Rules.

F.Il Direct the respondent to pay cost of litigation.

33.

The complainant is seeking above mentioned reliefw.r.t. compensation.

Hon'ble Supreme Court of India in civil appeal nos.

6745'6749 oI 2027 titled as M/s Newtcch Promoterc and Developers M- Ltd, V/s State of Up & Ors. has held that an allottee is entitled to claim compensation and litigation charges under Sections 12,14,18 and Page 13 of15 HARERA GUI?UGRAM Complaint No.

523 of 2024 Section 19 which is to be decided by the Adjudicating officer as per Section 71 and the quantum of compensation and litigation expense shall be adjudged by the Ad,udicating Officer having due regard to the factors mentioned in section 72.

The adiudicating officer has exclusive iurisdiction to deal with the complaints in respect ofcompensation and legal expenses.

Therefore, the complainant is advised to approach the G.

34.

Adjudicating Officer for seeking the relief of compensation and litigation expenses. expenses.

Directions ofthe autho Hence, the authority hereby order and issues the following directions under obligations cast up to ensure compliance of nction entrusted to the authority under i.

The allot a specific plot buyer's agreement of the said plot of 90 days from the date of uploadi / promoter due to non-availability number a possession to the c{ liable to make avai specifying the futu the size, as booked, n specific plot number shall be provided i buyer's agreement within a a specified time framed and execute iod of 30 days.

The respondent/promoter complainant against the pai directed to pay interest to the up amount at the prescribed rate of 11.10o/o p.a. for every mo of delay from the due date of possession i.e., 15.07.2015 till offer ofpossession plus two months after obtaining completion certificate/part completion certificate re ll.

3a (fl: Page 14 of15 fl HARERA ffiGURUGRAN/ from the competent authority oractual handing over ofpossession whichever is earlier, as per Section 18(1) of the Act of 2016 read with rule 15 of the Rules. iii.

The arrears of such interest accrued from 15.07.2016 till the date oforder bythe authority shallbe paid bythe respondent/promoter to the complainant within a period of 90 days from date of this order and interest for every month of delay shall be paid by the promoter to the allottee before 1oth of the subsequent month as per rule 16(2) ofthe rules. iv.

The complainant is directed to pay outstanding dues, if any, after adjustment of interest for the delayed period. v.

The respondent is further, directed to handover the physical possession of the plot in question witlin three months after obtaining completion/part completion certificate from the competent authority. vi.

The rate of interest chargeable from the allottee by the promoter, in case of default shall be charged at the prescribed rate ie., l1. e ie., l1.1,Oo/o by the respondent/promoter which is the same rate of interest which the promoter shall be liable to pay the allottee, in case of default i.e., the delay possession charges as per section Complaint No.

523 of 2024 2(zal of the,VP Ll | \ U \ 35.

Complaint stands disposed of.

36.

File be consigned to registry.

Haryana Real Estate Regulatory Authority, Gurugram Dated: 07.05.2025 (Ashok Mt Page 15 of15