SHARAD KUMAR AGRAWAL vs ANSAL HOUSING LIMITED

MATTER STANDS DISPOSED OFF.

The present complaint has been received on 01.05.2023 and the reply on behalf of respondent was received on 05.10.2023.Succinct facts of the case as per complaint and reply are as under: S. N. Particulars Details 1.        Name of the project Ansal Heights, 86 2.        Project location Sector 86, Gurugram, Haryana 3.        Project area 12.843 acres 4.        Nature of the project Group housing colony 5.        DTCP license no. and validity status 48 of 2011 dated 29.05.2011 valid up to 28.05.2017  6.        Name of licensee Resolve Estate Pvt. Ltd. 7.        RERA registration details Not registered 8.        Unit no. C-0201 [Page no. 29 of the complaint] 9.        Unit area admeasuring 1895 sq. ft. (super area) 10.   Date of execution of flat buyer agreement in the name of original allottee 07.09.2012 (Annexed but not executed) [Page no. 26 of complaint] 11.   Transfer letter in favour of the complainant herein 26.08.2015 (Page no. 44 of the complaint) 12.   Possession clause 31. The developer shall offer possession of the unit any time, within a period of 42 months from the date of execution of the agreement or within 42 months from the date of obtaining all the required sanctions and approval necessary for commencement of construction, whichever is later subject to timely payment of all dues by buyer and subject to force majeure circumstances as described in clause 32. Further, there shall be a grace period of 6 months allowed to the developer over and above the period of 42 months as above in offering the possession of the unit.” (Emphasis supplied) [Page no. 34 of complaint] 13.   Due date of possession -- 14.   Basic sale consideration as per payment annexed with the buyer’s agreement at page no. 45 of the complaint Rs.73,04,941/- 15.   Sale consideration as per SOA dated 29.05.2023 at pg. 48 of complaint Rs.63,62,559/-   16.   Amount paid by the complainant as per SOA dated 29.05.2023 at pg. 49 of complaint Rs.73,69,575/-   17.   Occupation certificate Not yet obtained 18.   Offer of possession Not offered     The counsel for the complainant states that neither the unit is complete nor OC is yet obtained and project is not registered and hence,  the complainant is seeking refund of the amount deposited in terms of statutory rights under section 18 (1) of the Act.  The BBA is not executed although a transfer letter dated 26.08.2015 stand issued in favour of the complainant allottee.   The counsel for the respondent requests for filing of written submissions clarifying the status of obtaining of occupation certificate which stand applied to the competent authority, is not yet granted.    Arguments heard. Both the counsels for the parties may submit written submissions within 15 days with an advance copy to each other.   Order reserved. Matter to come up on 04.04.2024 for  pronouncement of order.

The Presiding Member is on leave . Matter is adjourned to 15.2.2024 for the purpose already fixed.