ASHOK CHOPRA vs BPTP LTD

BEFORE THE HAR REAL ESTATE GURUGRAM Date of Date of Ashok Chopra & Chopra R/o: A-104, 3'd floor, New Delhi-110024 M/s BPTP Ltd.

R/o: M-11, Middle 110001 CORAM: Shri Arun Kumar Shri Vijay Kumar Shri Ashok Sangwan APPEAMNCE: Ms.

Neelam Kathuria Sh.

Harshit Batra I Colony, Lalpat Nagar IV, ORDER 1.

The present comp section 3l ofthe Estate (Regulation and the Act) read DevelopmentJ rule 29 of the 2017 (in short, the Rules) for of the Act it is inter alia responsible for provision of the obligations, ffi .q\d allottee as per the or the rules and regulati inter se.

Page I of ZO TORY AUTHORITY 3383 of 2020 26.tO.2020 o2.04.20'24 Compl Responr:le allottees u J Act, 2016 (in sh Estate [Regulation a lation of section 11(4)( the promoter shall functions under there under or to HARERA GURUGRAM I ComplaintNo.

3383 of 2020 Complainant Respondent A.

Unil 2.

The by t) peri lrHARERA S*, OUnUOnnU F",,,p'^r,,Ir"3383"r,o,ol nit and proiect related details he particulars ofthe projec! the details ofsale consideration, the amount paid F the complainants, date of proposed handing over the possession and delay eriod, if any, have been detailed in the following tabular form: Sr.

No Particulars Details t.

Name ofthe project 'Astaire Garden', Sector 70-A, Gurugram, Haryana.

2.

Rera Registered/Not Registered l Registered 9t2 0f 202L 3.

Unit no. ,E-5 6-SF i( on page no.

58 of complaintl 4.

Unit admeasuring 1090 sq. ft.

I on page no.

58 of complaintl 5.

Date of execution of flat buver's agreement 23.02.2012 ( on page no.

48 of complaintJ 6.

Buildins plan 0 3.0 5.2 013 7. clause Possession J Possesslon Clouse (5.1): Subject Lo Force Mojeure as defined in Clouse I 14 and Iurther subiect to e Pu rchaser( s) havittg com pl ied wl th I atl i* obtigations under the tenns ]and condilions of thls Agreement and the Purchaser(s) not being in 'i default under any Part of this I Agree*ent including but not Iimited to the timely poyment ol each and every installment of the l totol sale consideralion inclucli n inclucling DC, Stamp dutY and olher chotS'es ', and also subject to the Purchaserrs) having comPlied with all l formalities or documentotion as prescribed bY the \ Seller/Conlirming Porty, the Seller/Confirming Port)' proposes to hand over the physical Possession of the suid unit to the Purchaser(s) within a 3UR PaEe 2 of20 HARERA GURUOI?AM Complaint No.

3383 of 2020 ffi period of 36 months from the date of sanctioning of the building plan or execution of Floor Buyers Agreement, whichever is later "Commitment Period") The Purchaser(s) further agrees and understands that the Seller/Confirming Parq) shall additionally be entitled to o period of 180 days ("Grace Period") after the expiry of the soid Commitment Period to allow for filing and pursuing the Occupancy Certiftcate etc from DTCP under the Act in respect ofthe entire colony. (Emphasis suppliedl. ffi,::n:'Kf re 03.11.20L6 (including grace period of:l80 days) (Calculated from the date c,f sanctioning of building plan as t beine laterl 9.

Total sale consideration Rs76,3L,920/- [As per page no.

1(r9 ofreplyl 10.

Total amor-lnt paid K*'LE.zoe/- i Vl6r paee no.

169 of replv) 11.

Occupation certificate 16.09.2079 (As per page no.

166 of reply) L2, 0ffer of possession 18.09.2019 (As per page no.

167 ofreply) 13.

Conveyance deed 28.07.2020 (As per page no.

193 of reply) L4.

Grace period utilization Grace period is allowed.

B.

Facts ofthe complaint: 3.

That in the year 2011, the original allottees were searching for a suitable flat/accommodations as per their standard and budget.

The original allottees while searching for a home visited the office of the respondent company. l'he agents of the respondent company told the original allottees about the Page 3 of 20 HARERA MGURUGRAM Complaint No.

3383 of2020 moonshine reputation of the company and the agents of the responden company made huge presentations about their project namely Astaire gardens at sector 70A, Gurugram and also assured that they have delivered several p several projects in the national capital region.

The respondent handed over one brochure to the original allottees which portrayed the project like heaven and tried to hold the original allottee interest in every possible way and incited the original allottees for payments 4.

That in 2011, the original all were caught in the web of false promises of the agents of the re mpany, filed the application form '*ffiil::l".W 6.

That the complainants were subjected subject of harassmend[i;[1ii,{" ft"oif1h/lO'{biased, arbitrary and one sided floor buyer's asredt(1ft13g$$1pot only failed to adhere to the terms and conditions ofthe FtrA\daadiExi fi2.2072 but also illegally exrracred monev rrom the c"-ryt***r$l*,ki*qy** -d statements.

7.

That the respondent gonqarysgpt p;rcd?qilp$ fin$to the comptainanrs and requested ror signinffiL{l$tt\fir#*\.

Viln"a on 23.02.2012 and returned to the builder, wherein as per the clause 2.2, page no.

9 offloor buyer's agreement, t}le total sale value of the unit (total considerationJ payable by the allottees that are the complainants to the company i.e. the respondent includes the basic sale price ( basic sale price / BSP) of Rs.

56,88,002/-, development charges ofRs.

2,88,000/-, Club Membership Charges of Rs.

2,00,000/-, Interest F in the above said project. an agreement to sell ir] to unethical trade practice as well as s Page 4 of 20 8.

That as per the demands raised by the respondent, based on the payment plan, the complainants paid a sum of Rs.7 ,204,444/- towards the said plot against total demands of Rs.Z,538,445/_. --_WAr 9.

That the respondent sent a lefter cum invoice no.

INV1920/H001901 dated 18.09.2079 for offer of possession for unit no.

E_56_5F with demand of Rs.

2,546,7t0.05 wherein a demand for the basic sale price of Rs.

5,995,g83.g4, EDC/IDC charges of ns. zee,OOdoii Club Membership Charges of Rs.

C.

Relief sought by the complainants: 10. nants: 10.

The complainants have sought following relief[s]: a) Direct the responddnt to pay delay possession charges at the prescribed rate of interest. bl It is most respectfulry prayed that this Hon,ble Authority be preased to ord€,r the Respondent to provide all amenities, as assured in the brochure ancl as promised at the time ofbooking ofthe flat, as soon as possible, as elaboratecl HARERA MGURUGRAM Free Maintenance Charges (IFMSJ @ Rs.

Installation Charges of Rs 20,000/_ per KVA.

50 sq. foot and power Backup in para M. \DUl(Ut'zl(l c) It is most respectfully prayed that this Hon,ble Authority be pleased to order the respondent to refund the money collected towards the club membership charges to the complainants with interest as the construction ofthe club is yet to be started as mentioned in para N. dJ It is most respectfully prayed that this Hon,ble Authority be pleased to order the respondent to prepare a plan for the compretion ofthe club and demand money fTom the members in instalments as per the plan.

Page 5 of20 HARER'\ MGURUGRAM Complaint No.

3383 of2020 eJ It is most respectfully prayed that this Hon'ble Authority be pleased to order the respondent to refund the amount collected towards the escalation charges which is not payable as elaborated in para O.

0 Itis mostrespectfullyprayedthatthis Hon'bleAuthoritybe pleasedto order the respondent to take the opinion of HVAT tax experts and communicate to the complainants along with detailed justification thereof. gJ It is most respectfully prayed that this Hon'ble Authority pleased to order the respondent to take the opinioR o(.GST experts about the quantum ofthe GST payable in the given ci tces by the complainants up to the deemed date of offering the p Of the apartments. a the Respondent to refund the amount collected towards S'IP charges ol lls.

125,896/- when the BBA did not carry any such condition. efund the ar BBA did no1 zl\ lh D.Reply by respondent: 11. ndent: 11.

The respondent by way of written reply dated 05.01,.2021, made the follor'ving submissions: i.

That the present complaint under reply is not maintainable in as much as the conveyance deed for the unit in question has been duly executed between the parties on 28.01.2020.

It is stated that the possession of the unit in question is with the complainants, needless to say that th€ possession and conveyance deed is executed as and when there are nc issues/dues/outs pending between the parties. ii.

It is submitted that the respondent upon completely of construction rvith regard to the prolect and upon receipt of occupation certificate dated 76,09,2019 from the concerned departments, has issued offer of possession letter on 18.02.2020.In terms of the said offer of possession the complainants were requested to complete documentary formalities/ pay all previous dues.

It is further stated that the complainant on Page 6 of20 ffi HARERTI *.(s*eunueRRu Complaint No.

3383 of 2020 adequate examination and analysis of the contents of the offer of possession letter dated 1A.02.2020 and, being satisfied on account of investigation conducted with regard to allotted unit and, all other related aspects, have taken physical possession of the allotted unit on 18.02.2020.

Thereafter, the complainants further by virtue of incorporated clause/s and/or recital/s recorded within the Conveyance Deed dated 2A.01.2020, got the same executed/registered in their favor without any demur or protest. .: -:: ': ) iii.

The respondent being a cuiQr@.!,g4iiic organization and as a goodwill gesture provided a special diicount of Rs.

4,02,1.50/- apart from the compensation of Rs.3,44,7 001- already offered to the complainants at thc time ofoffering possession via letter dated 07.70.2079. \'ide the aforesaid Ietter dated 07.70. ted 07.70.20L9 the complainants also agreed that all the grievances or claims of the complainants against the respondent h,\,il been settled and the complainants shall not raise any claim against th(l respondent at any time in the future with respect to any licences ot' approvals, development works, quality of construction, charges or taxes or any delayed popsqisi04 com[erutation ctc. {pwever, the comp]ainants "..on.orrty p.odHtr#ih,&&f;;r*Lr,&,r.o.npt,int berore this Hon'bre Authoriflib tflR llrgff$$tfspondent, even though settlement has already been arrived at between the parties iv.

All other averments made in the complaint were denied in toto.

12.

Copies of all the relevant documents have been filed and placed on recor Their authenticity is not in dispute.

Hence, the complaint can be decided bas on these undisputed documents and submission made by the parties.

Page 7 ofzo * HARERA St ouRUGRAM Complaint No.

3383 of 2020 E.

Finding regarding iurisdiction of the authority: 13.The authority observes that it has territorial as well as subject matter jurisdiction to adjudicate the present complaint for the reasons given belou,.

E.l Territorial iurisdiction 14.

As per notification no.1/92 /2017-1TCp dated 14.12.2017 issued by Town and Country Planning Department, the jurisdiction of Real Estate Regulatory Authority, Gurugram shall be entirp Gurugram District for all purpose with offices situated in Gurugram. t case, the project in question is , situated within the planning ar Gurugram district.

Therefore, this authority has completed territorial jurisdiction to deal with the pres(:nt complaint.

E.ll Sub,ect matter iurisdiction l5.Section 11(al[a] of the Act, 2016 provides that the promoter shall br, responsible to the allottee as per agreement for sale.

Section 11[4][a) i: reproduced as hereunder: I vPl Section 11(4)(a) Be responsible for all obligqtions, responsibilities and functions under the provislons of this Act or the rules and regulotions made thereunder or to der or to the qllottees os per the agreementfor sale, or to the association ofollottees, as the cose may be, till the conveyance of all the apartments, .plots or buildings, qs the case may be, to the allottees, or the cofimon qreas to the qssociation (jfollottees or the competent authority, a; the case rh(iy be; ' Section s4-Functions of the Authority: 34(0 of the Act provides to ensure cornpliance of the obligations cast upon the promoters, the allottees and the real estate agents under this Act and the rules and regulations made thereunder.

16.So, in view of the provisions of the Act quoted above, the authority has complete ,urisdiction to decide the complaint regarding non-compliance of obligations by the promoter leaving aside compensation which is to be decid:d by the adjudicating officer if pursued by the complainants at a later stage.

Page I of 20 ffHAREEA *ouRuennvr Complaint No, 3383 of 2020 F.

Findings on the relief sought by the complainant.

17.

It has been contended by the respondent that on execution of conveyance deed, the relationship between both the parties,stands concluded and no right or liabilities can be asserted by the respondent or the complainants against the other.

Therefore, the complainants are estopped from claiming any interest in the facts and circumstances ofthe case.

1.8.

It is important to look at the definition of the term .deed, itself in order to understand the extent of the relatioiahiD b( r between an allottee and promoter.

A deed is a written document oi illlinstiument that is sealed, signed ancl delivered by all the parties to the contract (buyer and seller).

It is a contractual document that includes legally valid terms and is enforceable in a court of la\,v.

It is mandatory that a deed should be in writing and both the parties invoL\,ed must sign the document.

Thus, a conveyance deed is essentially one rvherr:in the seller transfers all rights to legally own, keep and enjoy a particular ass et, immovable or movable. r movable.

In this case, the assets under consideration are immovable property.

0n signing a conveyance deed, the original or,r,rrer. transfers all legal rights over the property in question to the,buyer, agailrst a valid consideration (usually monetary). 'Iherefore, a 'conveyance deed' or 's.rlt: deed'implies that the seller signs a document stating that all authority ancl ownership of the propeity in question has been transferred to the buyer.

19.

From the above, it is clear that on execution of a sale/ conveyance deed, only the title and interest in the said immovable property [herein the allotted unit) is transferred.

However, the conveyance deed does not conclude the relationship or marks an end to the statutory liabilities and obligations of the promoter towards the said unit whereby the right, title and interest has been transferred in the name ofthe allottee on execution ofthe convevance deed.

Page 9 of 20 HARERA ffi,GURUORAI/] Complaint No.

3383 of 2020 20.The authority has already taken a view in in Cr no.

40j7/2079 and others tiled as Vafun Gupta V/s Emaar MGF Land Limited and others has observed as under: 47. ....the authority observes that the execution of q conveyance deed does not conclude the relationship or morks an end to the liabilities and obligations ofthe promotet towords the soid unit whereby the right, titte and interest has been tronsferred in the name of the allottee on execution ofthe conveyonce deed.

21.

Therefore, execution ofa conv does not conclude the relationship or mark an end to the liabilitie 'cions of the promoter towards the subject unit and upon taking possession, and/or executing conveyance deed, the complainant never gave up his statutory right to seek delayed possessiotr charges as per the provi qd, the authority holds that 22.

After consideration of all the facts an even after execution (o respondent-promoter. discount of Rs.

4,02,1,50/- apart from the compensation of Rs. ion of Rs.

3,44,700/ already offered to the complainants at the time of offer of possession.

0n the contrary, the complainants state that the said letter was entered upoD under duress and cannot be treated as settlement agreement.

F-urthermorc, tllc subject of the said letter is "Discount Letter" not "Settlement Letter", Alte consideration of all the facts and circumstances, the authority is of view tha possession was offered to complainants on 18.09.2019 alongwith a demand o Rs.

18,68,010/- against which respondent had provided them discount of Rs.

4,02,150/- vide discount letter dated 05.03.2020 which has been refereed as settlement by respondent although it is not settlement of dispute. 'l-h Page 10 of 20 HARERA GURUGRAM Complaint No.

3383 of2020 respondent implies that the discount offered by it is a substitute fbr the statutory right of delayed possession charge enumerated in section 1g of the Act.

After examination of all the documents it is concluded that the said contention is not valid as the delayed possession charge is a statutory right provided under the sec-18 ofthe Act and the discount provided being in nature of damages for breach of contract, it cannot be equated with delal,ed possession charge.

Delayed possession charge is a separate remedy that supersedes and is not a substitute for any other form of compensation or relief for breach of contract.

So, dls agreement w.r.t. delay possess entitled for delay possession charge under section 18 of the Act of 2016.

G.l Delay Possession Charges 24.

The complainant is a suDsequent allottee.

On 30.09.2011, the original allottr:es executed an agreementjopetl in favour ofthe complainnats .

The Authoriry has "I decided this issue in tlif cbmplaint bearing no.

405 7 oI Z07g titled as Varun Gupta V/s Emaar MGF Land Ltd.

Land Ltd. wherein the Authority has held that in carjes where subsequent allottee has stepped into the shoes of original allottee before the expiry of due date of handing over possession and before the coming iuto force ofthe Acg the subseihuent allottee shall be entitled to delayed possessjon charges.

So, the Authority is of the view that in cases where the subsequent allottee had stepped into'the shoes of original allottee before the due date of handing over possession, the delayed possession charges shall be granted w.e.l due date ofhanding over possession 25.

The complainant intends to continue with the project and are seeking delay possession charges as provided under the proviso to section 18[tJ of the hct.

Sec.

18(1) proviso reads as under. cannot be treated as settlement and the complainants are hereby "Section 7B: - Return of amount snd compensation Page 11of20 1rHARERA ffi eunuennt,,r Complaint No.

3383 of 2020 18(1).

If the promoter fails to complete or is unable to give possession of an apartment, plot, or building, - Provided thqt where an allottee does not intend to withdraw from the project, he shull be poid, by the promoter, interest for every month of deloy, till the handing over of the possession, at such rate as mqy be prescribed." 26.

Clause 5 of the buyer's agreement provides the time period of handing over possession and the same is reproduced below: li) "Clause 5.1- Subject to Fo Majeure, as defrnecl in Clause 74 and gsgr(s) having complied with oll its Iurther subject to the obligqtions under the ions of this Agreement qnd the Purchaser(s) not being i er any part of this Agreement other charges and also subject to the Purchqser(s) having conplied with allformalities or documentqtion as prescribed by the SellerT Conlirming Parq,, the Seller/Confirming Party proposes to hand over lhe physicdl pos. sicdl pos.tession of the said unit to the Purchaser(s) within o period of 36 monthsfrom the date ofsqnctioning ofthe building plan or e,xecution aJ F I o or B uy e r s Ag ree men t, w hic h ev er i s I o ter ( " C o mm itm ent P eri o d " ).'l'h e Purchaser(s) further agrees and understonds that the Seller/Confirming Party shall a(lditionqlly be entitled to a period of 18A dctys ("Grace Period") qfter the expiry of the said Comnitment Period to ollow for frling and pursuing the Occupqncy Certifrcate etc.

Jiom DTCP under the Act in respect ofthe entire colony,,." 27.

At the inception, it is relevant to comment on the pre-set possession clausr: including but not limitpd to the timety pqyment of eoch and every instalment of the total sale consideration including DC, Stqmp duty and the floor buyer's numerous terms and conditions and force majeure circumstances.

The drafting ofthis clause is not onlyragJe,butso heavillr loaded in favoul of the promoters that even a single default by the allottee in fulfilling obligations, formalities and documentations etc. as prescribed by the promoter may make the possession clause irrelevant for the purpose of allottees and the commitment date fbr handing over possession loses its meaning.

The incorporation of such clause in the buyer's agreement by the promoter is iust to evade the Iiability towards timely delivery of subject unit and to deprive the allottee of his right accru ing after delay in possession.

This is just to comment as to how the builder has ol to Page 12 ofz0 HARERA MGURUGRAM Complaint No.

3383 of 2020 misused his dominant position and drafted such mischievous clause in the agreement and the allottee is left with no option but to sign on the dotted lines.

28.

Admissibility ofgrace period: The promoter has proposed to hand over the possession of the unit within a period of 36 months from the date of sanction ofthe building plan or execution offloor buyer's agreement, whichever is later. is later.

The buyer's agreement was executed on 23.02.20L2 and date of sanctioning of building plan is 03.05.2013.

So, the due date is calculated from the date of sanctioning ofbuilding plan i.e., 03.05.2013 which comes out to be 03.05.2016 being later.

Further, it was p the buyer's agreement that promcter shall be entitled to a grace period of 180 days after the expiry of the said committed period for making offer of possession of the sirid unit. ln othcr words, the respondent is claiming this grace period of 180 days for filing and pursuing of occupation certificate.

29.

The Authority put reliance on the iudgement ofthe Hon'ble Appellate 'fribun.ll in appeal no.433 of 2022 tilted as Emaar MGF Lamd Limited Vs Babia Tiu,ar.i and Yogesh Tiwari, wherein it has been held that if the allottee wishos to As per section 18 of,the Act, if the project ofthe promoter is delayed ond if the allottee wishes tqy/lthdruw then he hqs the option to withdraw from the project and seek refund of the amount or if the allottee does not intend to withdrow from the project ond wishes to continue with the project, the qllottee is to be paid interest by the promoter for eoch month of the delay. ln our opinion ifthe allottee wishes to continue with the project, he qccepts the term of the agreement regarding groce period of three months for applying and obtaining the occupation certificate.

So, in view of the above said circumstances, the appellant-promoter is entitled to avail the grace Page 13 of20 HARERA MGURUGRAM Complaint No.

3383 of2020 period so provided in the ogreement for applying and obtoining the Occupation Cerfirtcatu 30.

Therefore, in view of the above.iudgement and considering the provisions of the Act, the authority is of the view that, the promoter is entitled to avail the grace period so provided in the agreement for applying and obtaining the occupation certificate.

Thus the due date of handing over of possession comes out to be 03.11.2016.

3L. .2016.

3L.

Admissibility of delay possession charges at prescribed rate of interest: The complainants are seeking delay pqssession charges at the prescribed rate ofinterest on the amount alreadylliid$.them.

However, proviso to section t8 provides that where an allqliedoeEriot intend to withdraw from the project, he shall be paid, by the'p$rrffi., l"#;& foi-.every month of detay, till the l handing over of possessjon, at such rate as may be prescribed and it has ber:n prescribed under rulei 15 ofthe rules.

Rule 15 has been reprocluced as under: .i Rule 15. presclibit rati of interest- [provisA to seition 72, section 18 ond sub-secfion (4) ond subsection (7) ofsection 1gl (l) For rhe purpoie ofproviso to section t 2:section tB;onisub_ sections (4) and (7) of section 19, the ,,interest at the rate prescribed sholl be Lhe State Bank of lndio hiqhesL marginal cost oI lending rate +20h.: Bank of India may.fx from time to time for lending to the generalpubllc, 32.

The legislature in its wisdom in the subordinate legislation under the provisicrn ofrule 15 ofthe rules, has determined the prescribed rate ofinterest.

The rare of interest so determined by the legislature, is reasonable and ifthe said rule is followed to award the interest, it will ensure uniform practice in all the cases.

33.

Consequently, as per website of the State Bank of India i.e., httDs//sbi.co.i 0, the marginal cost oflending rate (in short, MCLRJ as on date i.e., 02.04.2024 is Page 14 of 20 HARERA KGURUGRAM Complaint No.

3383 of 2020 8.85%.

Accordingly, the prescribed rate of interest will be marginal cost ol lending rate +20lo i.e., 10.850/0.

34.The definition of term 'interest' as defined under section 2[za) ofthe Act provides that the rate ofinterest chargeable from the allottees by the promoter, in case ofdefault, shall be equal to the rate ofinterestwhich the promoter shall be liable to pay the allottees, in case of default. f default.

The relevant section is reproduced below: "(zo) "interest" means the rqtes.af inte rest poyable by the promoter or the allottee, as the cose may be.

Explanation. -For the puipose ofthis ciause- the rate of interest chargeable ftom the allottee by the pronoter, in case ofdefault, shallbe equol to the iate afinterestwhlch the promoter shall be liable to poy. in case of clefault. the interest pqyable by the promoter to the allottee shall be from the dole the promoter recpiv?d Lhe omounl or any pltrL Lhpt,t,l t ill t hc Jot( the omount or pon Lhereol ond interpJ then on is t eluodcJ rnd thl interest payable by the allottee to the promoter sh.tll be from the date the allottee d in paymenttothe promotertirythe date it is paidi' 35.

Therefore, interest on the delay payments. from the complainants shall be the oel I charged at the prescri is the same ) prescribed rate i.e., 10.85o/ by the respondent/promoter which as is being granted to the complainants in case of dellvecl possession charges. contravention ofthe section 11[4](aJ oftheAct by not handing over possession by the due date as per the agreement.

By virtue of clause 8 of the agreement, the possession ofthe subject apartment was to be delivered within 36 months from the date of execution of agreement or sanctioning of building plan whichever is later.

For the reasons quoted above, the due date ofpossession is to be calculated from the date of sanctioning of building plan i.e., 03.05,20:t3..

Therefore, the due date ofpossession is calculated from the date ofsanctioning of building plan and the said time period of 36 months expired on 03.05.2016.

Page 15 of 20 I * HARERA #[OUnUOnnlrf |l",phr,,Nffi&,;,oarl As far as grace period is concerned, the same is allow"a ,o.,t " ."r*ni oro,"J above.

So, the due date ofpossession comes outto be 0 Z.Ll.2Ol6, 37.

The respondent has obtained the occupation certificate on 16.09.2019.

Copiei ofthe same have been placed on record. on record.

The authority is ofthe considered vievr,{ that there is delay on the part ofthe respondent to offer physical possession of the allotted unit to the complainants as per the terms and conditions of thl buyer's agreement dated 23.02.2072 executed between the parties.

It is thd failure on part of the promoter q&ffi it! obligations and responsibilities a] per the buyer's agreement a"Sffirz to hand over the possessior] within the stipulated period. '!i : ' i " ::',ffi :j "'lT,'l",ffi :i:1il::l:',",tr present complaint, tf$/unatiilfi-EErtffi&te il{l}anted by the competenJ authority on 16.09.26tt!.

The rcsBpirdent offpre( (qpossession of the unit id question to th".".itS\16F,{, ,p ,p.r{rifuip, it can be said rhat the comptainants cam"," il["q[,{rfl n&.{i,eld#"'fi cate onty upon the datq of offer of porr"rrior.X{ffffi)k"rest of narurat justice, thl complainant should be eir"r- ) ,ha1ffi,f time from the date of offer. of possession. rhi. , Hq{,fi{,h;d"tr&is being siven ro rhe ;::il, ;" i:T'KiI]Hfl"HT,ffiL,.HT'4,:i ::il:,4 including but not limited to inspection ofthe completely finished unt bur thi1 is subiect to that the unit being handed over at the time of taking possession i$ in habitable condition.

It is further clarified that the delay possession charge{ shall be payable from the due date of possession i.e.

03.11.2015 [calculatei from the date ofsanctioning ofbuilding plan) till the date of offer of possessiorf (18.09.2019) plus two months i.e., 18.L1.2079.

The complainants are furthef Page 16 of20 * HARERA # GTJRiTGRAI/ Complaint No.

3383 of 2020 HARTRA GURUGl?AI'i Complaint No.

3383 of 2020 directed to take possession ofthe allotted unit after clearinB all the dues withirf a period of 2 months and failing which legal consequences as per the provisionl of the Act will follow.

39. ollow.

39.

Accordingly, the non-compliance of the mandate contained in section 11(4 )(a] read with section 18(1) of the Act on the part of the respondent is established] As such the complainants are entitled to delay possession charges at rate of th( prescribed interest @ 10.85% p.a. w.e.t.

03.11.2016 till the date of offer ol f; possession (18.09.2019J plus two np$hs.i.e., 18.11.2019; as per provisions o section 18(1) of the Act read wi$ffifui tt " Rul". (b) Direct the respondent to take the opinion of HVAT Tax experts and communicate to the complainant along with detailed iustificartion thereof and direct order the respondent to take the opinion of GST experts about the quantum of the GST payable in the given circumstances by the complainant up to the deemed date of offering the possession ofthe apartment. (c) Direct the respondent to refund the money collected towards the club membership charges to the complainant with interest as thc construction ofthe club is yet to be started as mentioned in para- N. (d) Direct the respondent to refund the amount collected towards STP charges of Rs.'125,896,68/- when the FBA did not carry any sucfi condition 40.

The above mentioned reliefs no.

G.ll (a), [UJ, (c) and (dJ as sought by thE complainant is being taken together as the findings in one relief will defirlitely affect the result of the other reliefs and these reliefs are interconnected.

4L.

It is important to note that the conveyance deed was executed between the parties on 28.01.2020.

The conveyance deed is a legal document that transferg the title ofproperty from one party to another, signifying the completion o1'the property transaction especially regarding payments related to the purcl)ase G.ll (a) Direct the respondent to refund the amount collected towards th escalation charges which is not payable as elaborated in para-() PaEe 17 of 20 trHARERA DIIII#-GUnUGnnU f.-.d"r,,N"r383"rr0r0 I price, taxes, registration fees, and any other contractu", on"r.-nt. on"r.-nt.orr',,n,,r"n,! outlined in the agreement.

However, despite the conclusion of the financiaf obligations, the statutory rights ofthe allottee persist if any provided under th! relevant Act/Rules framed tlereunder.

Execution of conreyrr." d""d i, u s;or! ofentering into a new agreementwhich inter alia signifies that both parties arl satisfied with the considerations exchanged between them, and also that alf other obligations have been duly discharged except the facts recorded in tht conveyance deed.

The said clause reproduced below as: 3 The vacant and peoceful lhlsicajyrossession of the Unit h(ls alreody been hqnded over by the Vendors to thf. yt99f, ond the Vendee acknowledges to have tqken over the possession ofthe same qfter a detailed inspection of the Unit, on all material aspects..includjng bu.t nolt lirlittd to areq of the Unit. quoliry oI construction,, workmon.ship, moteriols ,used in construction, finishing fifting s, iixtures, specification:.t etc and the .Vendee does not hove a ny objection and is fully sotisfied,.with oll aspects ofthe Unit.

The Vendee further confrms that *" iinaee hos checked and verified the title ol Conlirming Vendors in the Land a\d is:oryletety sqtisfied with respect to the so me.

Si nce the Vendee has compb**W9.1)C":.:::r!th,e _Unit and the land underneath to the Vendee's complete sotisfaction" therefore, the Vendee undertakes not to raise a dispute on qny of the above mentioned aspects, ,t--i,.:.: 42.

It is pertinent to menlloitlibrdthat coinplalhaxt tobk the possession and gof the conveyance deed g(*uiid witlrout any demur, protest or claim.

Thf complainant has neither raised any grievance at the time of taking over tht possession or at the time of execution of the conveyance deed, nor reseNef any right in the covenants of the conveyance deed, to claim any refund ft preferential location charges or any other charges. r charges.

Also it is a matter of re,:orf that no allegation has been levelled by the complainant that conveyance deefl has been got executed under coercion or by any unfair means.

Page 18 of 20 *HARERA #-eunuennvr Complaint No.

3383 of 2020 ffHAI?ERA (P- ounueRnll Complaint No.

3383 of 2020 43.The Authority is of view that after the execution of the conveyance d betlveen the complainant and the respondent, all the financial liabiliti between the parties come to an end except the statutory rights of the all including right to claim compensation for delayed handing over of possessio and compensation under section 14 (3) and 18 of the RERAAct,2016.

In vi ofthe above, the complainant cannot press for any other relief with respect financial transaction between the parties after execution of conveyance de I. (al Delay Possession Charge: The respondent is directed to pay interest at the prescribed rate of 10.g50lo p.a. for every month of delay rf possession i.e., 03.1.1..2016 till offer of possessirrn except the statutory obligations specitically provided in the r\ct of 2016.

G.

Directions ofthe Authority 44.Hence, the authority hereby passes this order and issues the lollor.vi directions under section 37 ofthe Act to ensure compliance of obligations rast upon the promoter as per the function entrusted to the authoriB/ under section 3a$): comprainant(sl fssr&& r& &e (b)The arrears (fStrfh l"pr"o "ngrt*O6fie date of nossession tiI its admissibility a-IpeIdir6cfon fi iUb've ihaltbe paid by rhe promorer to the allottees respectively within a period of g0 days from date ofthis order as per rule 16(2] of the rules after deduction of amount already deducted or adjusted in statements of account towards discount/compensation by the respondent. from the due date o i.e., 18.09.2019 till plus rlus twoOI months i.e., 18.11.2019 to the Page 19 of 20 45.

46. ffHant 9H euntnr [cJ The facilities as Authority.

Complaint stands disposed of.

File be consigned to registry. registry. builder is directed to buyer's agreement and all the amenities and by the competent HARE GUI{UGR y.l - -<---) Vijay KtKar Goyat Member ; Gurugram Page 20 of 20 I corpr"ir, r,lo.isar oEoi-] I __-.--- Ashok Sarlgdan t'lemdel