NEHA BATTOO vs VATIKA LTD

CORAM: Shri Sanjeev Kumar Arora Complaint No.

191 of 2023 & others Member HARTRA ffi- GUI?UGRAM BEFORE THE HARYANA REAL ESTITTE REGULATORY AUTHORITY, GURUGRAIVI Date of decision: 03.05.2024 ': -; ": ryR.DER .' 1,.

This order shall dispose of the three complaints titled above filed before this authority under section 31 of the Real Estate (Regulation and Development) Act, 2016 [hereinafter referred as "the Act") read with rule 28 of the Haryana Real Estate (Regulati,cn ohd Development) Rules,2Oi.7 fhereinafter referred as "the rules") fonrriolation of section 11(a)ta) of the Act wherein it is inter alia prescritred that the promoter shall be NAME OF THE BUILDER M/!; VATTKA LTD.

PROJECT NAME TURNING POINT S.

No.

Case No.

Appearance 1 cR/LeL/2023 Neha Batoo Piramal capi Sh.

Sanjay Gaba Sh.

Harshit Batra for R1 Sh.

Suresh K. lajoria for R2 Z cR/zt4t/2023 Geetanjali Dambalkar Gupta an<i Namit Gupta V/S M/S Vatika Ltd. and Piramal capital and Hour;ing Finance Ltd.

Sh.

Vijender Singh Sh.

Anurag Mishra for RL Sh.

Suresh K. fajoria for R2 3 cR/2388/2023 Rishi Gandotra and Kuldip Gandotra V/S M/S Vatika Ltd.

Amitabh Narayan Sh.

Anurag Mishra Page 1 of24 Case title HARERE Complaint No.

191 of 2023 & others W-GUI?UGI?AM responsible for all its obligations, responsibilities and functions to the allottees as per the agreement for sale erxecuted inter se between parties.

2.

The core issues emanating from them are similar in nature and the complainant(s) in the above referred matters are allottees of the project, namely, Turning Point situated at Sector-B8 B, Village Harsaru, Gurugram being developed by the same respondt:nt/promoter i.e., M/s Vatika Ltd.

The terms and conditions of the puyer's agreements fulcrum of the issue paid amount.

3.

The details of the complaints, ieply sthtus, unit no. , unit no., date of agreement, possession clause, due date of possession, total sale consideration, total paid amount, and relief sought are given in the table below: Project Name and Location Point" at sector 888, Viltage Harsaru, Gurgaon, ' Haryana.

Project area DTCP License No.

18.80 acres 91 of 2013 dated 26.1.0.2013 valid upto 25.10,2017 Rera Registered Registered vide no.

213 of 2017 dated 15.092017 ,ral,d upr, L5.?iJ.2025 Possession clause: .:::.:..,..,,,i , : ,_ T,Possession of the aparfinen| 7.1 Schedule for posseision Af ihe said:npartrnen; the promoter agrees and understands that timely delivery of possession of the Apartment along with parking to the Allottee(s) and the common areas to the association of Allottee's or the competent authoriet, as the case may be, as provided under Rulez(l)(fl of Rules, 2077, is the essence of the Agreement.

Due date of possession: NA Occupation certificate: Not 0btained PageZ of 24 HARER& GU11UGr?AM Com,plaint No.

191 of 2023 & others Sr.

No Complaint No., Case Title, and Date of filing of complaint Unit No.

Unit admeasu ring Dal:e of agr(|eme nt to sell Dur pos date of ;ession Total Sale Consider ation / Total Amount paid by the complain ant Relief Sought 1. cR/TeL/ 2023 Neha Batoo V/S M/S Vatika Ltd. and Piramal capital and Housing Finance Ltd.

DOF: 3t.0t.202 3 Reply by R1: 25.70.202 3 Reply by R2: Not Received: 805, Bth floor, Tower- West End -I I I 1460 sq. ft.

I I ous of l BSP: Rs.

B1,,2g,Zg 0/- TSC: - Rs.

83,49,28 0/- AP:- Rs.

37,63,62 e/- Refund 2. cR/2t4L/ 2023 Geetanjali Dambalka r Gupta and Namit Gupta V/S M/s West End-1, 3002 898.03 sq.ft.

20.1',,r..20 18 Triperrtit e agreome nt: 18.01.20 L9 L5.03.202 5 (taken from previous cases of same proiect) TSC: - Rs.

81,95,09 0/- AP: - Rs.

37,55,48 7/- Refund Page 3 of24 ffiHARERA ffi, aiRUGRAM HARERA int No.

191 of 2023 & others Vatika Ltd. and Piramal capital and Housing Finance Ltd.

DOF: 26.05.202 3 Reply by R1: 22.72.

R1: 22.72.202 3 Reply by R2: Not Received: cR/2388/ 2023 Rishi Gandotra and Kuldip Gandotra v/s M/s Vatika Ltd.

DOF: 26.05.202 3 Reply status: 22.1,2.202 3 [taken from previour cases of same project) TSC: -Rs.

BT,ZL,98 0/- AP: - Rs.

1,3,21,,46 L/- Refund Page 4 of 24 24.05.20 1B L635 sq. fr.

West End-6- 503 5.

It has been decided to treat the said conrplaints as an application for non- compliance of statutory obligations on the part of the promoter /respondent in terms of section 34[f) of the Act which mandates the authority to ensure compliance of the ob jigations cast upon the promoters, the allottee(sJ and the real estate agentr; under the Act, the rules and the regulations made thereunder, The facts of all the complaints filed by the complainantfsJ/allottee[s) are similar' Out of the above-mentioned case, the particulars of lead case cR/191/2023 Neha Batoo v/s M/s va,tika Ltd. and piramal capitar & Housing Finance Ltd. are being taken into consideration for determining the rights of the allottee(s).

Project and unit related details The particulars of the project, the details of sale consideration, the amount paid by the complainant(sJ, date of proposed handing over the possession, delay period, if any, have been detailed irr the following tabular form: cR/197/202s Neha Batoo v/s M/s vatika Ltd,, ond piramar capitar & Housing Finance Ltd.

Complaint No.

191 of 2023 & others A.

7.

HARERA W* GUI?UGRAM 4.

The aforesaid complaints were filed I promoter on account of violation of the builder buyer,s agreement executed between the parties in respect of said units for not handing over the possession by the due date, seeking refund of the total amount paid by them.

Note: In the table referred affi follows: Abbreviation Full form TSC Total Sale consideration AP Amount paid by the allottee(s Page 5 of24 HARERA GUI?UGl?AM Complaint No.

191 of 2023 & others s.

N.

Particulars Details 1,. etails 1,.

Name and location of the project "Turnirrg Point, Sector BB B, village Harsartr, Gurugram, Haryana 2.

Nature of the project Group housing 3.

Project area 18.80 acres 4.

DTCP license no.

91 of 2073 dated 26.1,0.2013 valid upto 25.1,0.201,7 5.

Name of licensee M/s Vaibhav warehousing Pvt.

Ltd & 9 others.

6.

RERA Registered/ not registered Registered vide no.

213 of Z0l7 dated L5.09.201,7 area admeasuring 93S88 sqm.

Valid upto 1,5.03.2025 7.

Date of agreement to sell 18.06.2 019 (Page no.

19 of complaint) 8.

Date of tripartite agreement L9.06.2tJ1.9 (page n,).

52 of complaint) 9.

Unit no.

805, Bth floor, Tower-West End -l [page no.

35 of reply) 10.

Unit area admeasuring 7460 sq. ft. (page no.

35 of reply) 11.

Possession clause 7.

Posse:;sion of the apartment 2.1 Schr:dule for possession of the said apartment, the promoter agrees and understands that timely delivery of possesslon of the Apartment along with parking to the Allotteefs) and the common areas to the association of Allottee's or the competent authority, as the case may be, as provided under Rule2(1)(0 of Rules, 2017, is the essence of the A;3reement.

Page 6 of24 ffiHARERA ffi. ouRUGRAM Complaint No.

191 of ZO23 & others t2.

Due date of possession 15.03.2 025 (taken from previous cases of same project) 13.

Total sale consideration Rs.

82i,48,280/- as per SOe drred 20.02.2023 Basic sales price Rs.

81,,29,280/- as per SOA drt.d 20.02.2023 15.

Amount paid by the complainant Rs.

37,63,629/- as per SOA d;ted 20.02.2023 1.6.

Occupation certificate Not obtained 17.

Offer of possession Not offered B.

Facts of the complaint B.

9.

The complainant has made the following submissions in the complaint: - That, relying upon representation of ttLe respondent no.1 to be true, the complainant had booked a flat bearinlJ no.

HSG- 026- west End -r-805, located on Bth floor, admeasuring 1460 r;q. ft.

0 r;q. ft. in Tower west End, situated at Turning Point, vatika, Sector-BBB, Gurugram along-with one number of car parking for a total sale consideration of Rs.B3,4 B,zBo/- by paying an amount of Rs.9,35,000/- towards bookitrg amount.

10' That, after provisio, anbiFientof$ltsaid [nit to the complainant, the respondent no.1 executed an agreemenl:for sale date d LB.O6.ZO1,9, 11' That, in order to buy the said unit, the complainant has also availed the facility of loan from respondent no.Z, i.e., piramar capitar & Housing Finance Limited, and in this regard a tripartite agreement was executed between complainant, respondent no.1 .nd respondent no.2. 'l'2' That, as per the subvention scheme, the respondent no.L was under legal obligation to pay the amount of Pre-EMIs and interest thereof to the PageT of24 ffiHARERA ffi GURUGIIAM Complaint No.

191 of Z0Z3 & others respondent no.2 but respondent no.1 stopped paying pre-EMIs to the respondent no.2.

13' That, as per the agreement for sale, the respondent no.1 has to handover the possession of the said unit to the complainant within 3 months from the date of agreement dated 18.06.2019, as at the time of approach the respondent No.1 as well its representativer(sJ have assured and promised the complainant that the respondenllo.l has obtained and secured all the approvals, sanctions and nerUris$g;_t4op all the competent authorities.

14' That the respondent no.1 itselfffiF'$tftnged terms and conditions of the agreement for sale bV nol hanajng ruur the possession of the said unit to the complainant. rrre i'o aingrit i1s'a"re11a.4n,,4rticle, published in Real er {,1. .'.

Ju ts Estate Regulatory Development huttuirity, Gurug.rr, whereby imposed restriction on the sale or purchase of:apartmentor unit in the project of respondent no.1, as licences pertai;ing to the projects situated in Sector- BBA & BBB of trru .aiJl.n*aeat no.1 has already been expired in year z01g and even after expirinf'o,iiio"n. 'o,iiio"n.uof the project of the respondent no. j-, the respondent no.1 kept the .@trinant in atreyance with a reason to extort raised various demah{s for the payrnent of installments on the complainant towards the sale consideration of the said unit L6' That as on today also, the land proposed frrr the aforesaid project is still lying vacant and no such project named vatika turning point came up on the said land.

The respondent no.1 has also r;topped paying pre-emis to the respondent no.2, reasons best known to the respondent no.1 and the Page B of 24 HARERA W-GU|IUGI?AM respondent no.1 never had intention to construct the project only to cheat and play fraud upon innocent persons like r:he complainant.

L7.

The complainant had been running pillar to post and approached the respondent no.1 and its staff/officials inquiring about the status of construction of project or otherwise to refirnd the money for last several years but none had bothered to provide an)r satisfactory answer or reply/ response to the complainant about the same.

18.

The complainant had writtgm, rnails to the respondent no.L inquiring the status of project r:nt no.1 was also requested to make the pre-emis to the-respondent lhe-respondgnt no.Z llut the respondent no.L chose - That, as on the date of this comp rplaint, the complainant has paid an amount L9. of Rs.37,9 8,534/-rnp ,1,. sagrg; 4s iiiui=realtitien uy complainant from the bank illegally ;tAi futr utiorimen.*n,9ngoftthe construction work.

20.

That, when nothinffii,i r . iil,,in.lilfrr$rinrrt sent an intimation '1.,.. r: r;1 ; 1,.,, .: i:- ,a ,rl,tl' ' dated 9.17.2022, to th'b', onden1-no.f,-videwhich the respondent no.L "l was requested to refund ifie-dr6ha['+r*fli.+z ,32,534f - paid by her and respondent No.2 akinfvTigi inter$se @ Z+ot6per annum from the date of tl' booking of the said.'uiit'til'f"a il?t;'iAiriilrritn within L5 days from the receipt of the intimatio.,p-/deryan{r. /deryan{r.rn,rry which complainant shall be constrained to take the shelter of the Court of law including but not limited to Real Estate Regulatory Authority, GuruLgram, Civil Court, consumer court etc. against the respondents having jurisdiction.

C.

Relief sought by the complainant: - 21.

The complainant has sought following relief[sJ: Complaint No.

191 of 2023 & others Page9 of24 HARERA W*GUI?UGI?AM I.

Direct the respondent to refund thr: total amount paid along with interest to the complainant.

II.

Direct the respondent no.

1 to pay interest at the rate of 1B% p.a. to the complainant.

III.

Direct the respondent no.2 to stop l:aking further payment of EMI's from the complainant against the said unit and from releasing the amount in respect of the plg,pgrty to respondent no.

L.

22.

On the date of hearing, th'O, r:xplained to the respondent/ promoter about the contrave llelged to have been committed in self-use as their..ria.rJbJ i . ui,' .,-' ..::::".s *:S:+ird, SiF : 24.That the complainffir@op?"8# ffi.#jp,lnd t no.

L and expressed ,ooking,of an ipiitTheti+An+ the residential group housing colony developed Ef"r;elgande$ knowA aq lturning Point" situated in sector BBB, Gurgaon, Haryana.

Prior to the booking the complainant conducted extensive and independent t:nquiries with regard to the project, only after being fully satisfied on all aspects, that they took an independent and informed decision, uninlluenced in any manner by the respondent no.

1, to book the unit in question.

191 of 2023 & others Page L0 of24 ffi ffi ril*{ qqi 25.

HARERA GURUGl?AM That thereafter the complainant, vide an application form dated 05.03.2019 applied to the respondent no.

1 for provisional allotment of the unit.

Pursuant thereto, unit bearing no HSG-026-west End-L-805, admeasuring L460 sq. ft. ftentative area) vras allotted to the complainant vide allotment letter dated 2L.06.2019.

L.06.2019.

The complainant consciously and willfully opted for a construction linked payment plan for remittance of sale consideration for the unit inquestion and further represented to the the complainant and.the responilent no. .1.

The buyer's agreement was d :: d (:ti9-. r s6 consciously and uoftr-qi*fify u*Eeffia5"t"4;* parties and the terms -,, ,,' and conditions of the saime are bindinf on t:he parties.

27.

That as per clause 7.L ofthe agreement, the due date of possession was complaint No.

191 of 2023 & others respondent no.

L that tre stratltq6rffieVery installment on time as per the PaYment schedule. +;xsfi# iil 26.

Thereafter, a buyer's ***r*i;ffi;tt .t6,zotswas executed berween lt: subject to the alloftee =h@ cbmplid rrurfhr,pll the terms and conditions of the agreement. rnhi;*eiii n=e*'cffiit r relationship, reciprocal i promises are bouna to Ue'main&ife*{hat it is respectfully submitted that the rights and obligations of allottee as werll as the builder are completely and entirely determined by the covenants incorporated in the agreement which C a.giF tq*&qb"ffiffingbpon the parties thereto with full force and effect.

28.

That the respondent no. t has got its project registered with the Hon'ble Authority.

The Hon'ble Authority vide memo number HRERA- 430/201711106 dated 75.09.2017 was pleased to register the said project.

The present complaint filed by the complainant is premature.

There is no cause of action arising in favor of the complainant.

As per Page tl of24 ffi, ffi w{s wt HARERA GURUGRAM Complaint No.

191 of 2023 & others clause 5 of the agreement, the respondent no.

1 is under an obligation to complete the said project in consonancr3 with the validity period of registration of the project, i.e., 90 months from the date, it was issued i.e., 15.09.2017 which comes out to be 15.03.2025 and the same has been enshrined under clause 5 of buyer's agreernent.

29. rnent.

29.

That the construction of the said project is going on at a very good pace and the respondent no.

1 will oftel the p,355sssion of the units to their 30.

The project is obstructed due to reasorLs beyond the control of the respondent no 1 due to directions of llGT in 0.A. no.

667 /z0rg & 67g/z}tg had again directed the immediate closure of all illegal stone crushers in Mahendergarh Haryana, Commissioner, Municipal order dated L1m of Oct 20L9 lt-. ,ibited from 11tr Oct 2019 to 31't Dec 207ey*turth1: og.ffi*.gvlp rs pandemic and the subsequent lockdok''ffib3.e4iiiib corurnment of India from 2znd March 2020led to a mass exodus of consfi'uction workers to their home towns, causing severe manpower shortager; and productivity impact.

The on-going migration of labours and the fear of subsequent COVID waves have further hindered their return to work sites.

The factors were beyond the control of the respondent and have resulted in significant construction delays.

PageL2 of24 HARERA ffiGURUGRAM Complaint No.

191 of 2023 & others 31.

The progress of the said project is affected due to various unforeseen circumstances such as: o Unexpected introduction of a new Nlational Highway being NH 352 w (herein "NH 352 w) proposed to run through the project of the Respondent No.

1. under this new development NH 352 w was initially supposed to be developed as sector roads by Haryana Urban Development Authority [$uQA) w'hich took around 3 years in . ,i ,,i ,.," completing the land acqurciHO* pro( ess. o The Haryana rp-(:e with the Town and Country ''':lf lroWer vested under Section 45 Planni n g D ep artm'erIf i m':M'etr lme fur transferring th: properties falling within the o rhe cMDA viae itl-.bii.t-d#h;db.ob.ror0 had handed over the "ft.rr possession o"fi+ia *.,o,.o$,1is $or c3rr'struGion and development of NH 352 w r e Natibnal rlignffifr\hthority of India (NHAI).

This : is showing tli=alsdil ihe qo4&. ihe qo4&.,,1itionof nmr ssz w is under process resulting in unwanted delay in comp,letion of project. o Further, initially, when HUDA had acquired the sector road and started its construction, an area by4 to S metres was uplifted.

Before start of the acquisition and construction process, it had already laid down the services according to ttre earlier sector road levels.

However, due to upliftment caused tly the HUDA in NH 3sz w the Page !3 of24 HARERA ffiGURUGRAM Complaint No.

191 of 2023 & others company has been constrained to raise and uplift the same within the project, which not only result in deferment of construction of project but also attract costing to it. o Re-routing of High-Tension linesr passing through the lands resulting in inevitable change in the layout plans.

32.

That the tripartite agreement dated 22.05.20L9 was executed between the complainant and the respo :, .$$. .|Er?, 'h. comPlainant availed a loan amounting to Rs.

74,Bo,oool$,,r,ffi#!+p'terspondent no. z for making rhe ' .; $.1{.{ . : i}i payment towards the unit tthe llroject of the respondent no.

1.

They were offered with iubventio{r, schenre under which the respondent no.

L undertook the tiaU\titv to d top5*tfi*5r.,fmi in regard to the loan taken by the complainarit up io the ,ubrlniio,, ielt"i mentioned under the rripartite agreem@rgin, o*.ffi. ll ;itnn6 n,f r.r,re agreement, the ,It I ^- i$ x, x -r ---- respondent no.

1 waJ;il&.nan $ur ga{on 1:o puy,t,u pre- equated monthly "t^.: ,I installment interest',,{y..*:.*ty.t _1.i1",nci tt,u complainanr.

The ::- " respondent no. t has pMl$$u*Wffiitons by duly paying the said ry.r:::::iTtir.iii::::::14s, pre-Emi's to the regro-p.,,$e-!,$nor q.tp€_],al,a of=the complainant that the respondent no. t ffiGtxffi t6i:oluge blr''it, duties is nothing but an aft e rth o u gh t to e nq it i nl' fi ttltfdu-g_ Iitix ;1ti on 33.

That the ptea of the . a of the .orpiiin#f ,'fr=i[[;i,[; assured rentat scheme has no foundation in any agreement or communications existing between the parties.

The aforesaid scheme would be provide up to the due date of possession and also there was no such agreement executed in this regard.

Therefore, genuineness of the claim of the complainant is liable to be verified in detail and would be adjudicated before appropriate Civil Court through producing of proper evidence.

The complainant has raised Page 14 of24 HARERA ffiGUI?UGI?AM multiple baseless and absurd allegations in order to gain favorable order by misleading the Hon'ble Authority through producing bare submissions which are erroneous in the eyes of larv.

Moreover, the due date of possession has not reached and the construction is going on at a full pace.

34' copies of all the relevant documents hav,e been filed and placed on the record' Their authenticity is not in dispute.

Hence, the complaint can be decided on the basis of these undisp,*-r11ed documents and submission made Complaint No.

191 of 2023 & others + "4ir gittplal. as well as subject matter accrluiF@t for the reasons given below.

E.I t.

1/92/2077-tTCp dated 74.72,20I Z issued by Torvn and country Planning Department, the jurisdiction of Real Esterte Regulatory Authority, Gurugram entire Gurugram District for all purpose with offices situated in in question is si Therefore, this authority has compl.tu te.r,itorial jurisdiction to deal with the present complaint.

E.II Subject matter jurisdiction 37' Section 11(aJ[aJ of the Act, 2016 provides that the promoter shall be responsible to the allottee as per agreement for sale.

Section 11[a)(a) is reproduced as hereunder: Section 77 35.

The authority observes that jurisdiction to adj Page 15 of24 ffiHARERA ffi GuRUoRAM Complaint No. plaint No.

191 of 2023 & others 'ii rn, promoter shail- (a) be responsible for ail obtigations, responsibitities and functions under the provisions of this Act or the rules and regulations made thereunder or to the allottees os per the ,zgreement yir sale, or to the ossociation of allottees, as the case may be, till the coiveyance of all the aportments, plots or buildings, as the case may be, to the allotteis, or the common areas to the association of allottees or the competent authority, as the case may be; Section 34-Functions of the Authoriet: c o m p l et e j u ri s d i cti " i.,.t9*9,:.1 9; 1t *S. iq n*1.1 t1l.$r r d i n g n o n - c o m p l i a n c e o f obligations by the,plomjter leaving aside .orpunration which is to be ,r decided by the adjudicating officer if pursrL.a ty the complainant at a later stage. t ur t ., , u F.

Findings on the obje&ion oir"a O, the rd sponr"n, '!:. '+, :..1: -. . , i ,.- :r1 .i: F.I obiection regarding the_iomplainani being investor.

39.

The respondent has takeh a stan$ftfrap.the complainant is the investor and not consumer, ther0roge, th;rffigmtrifed Jhe protection of the Act and thereby not entittba'to ntetne io*pirint under section 3 j. of the Act.

The respondent also submitted that the phfamble of the Act states that the 't,... j' .ti i ,, " - - '.: '.

Act is enacted to protect the interest of corrsumer of the real estate sector.

The authority observed that the respondenl:is correct in stating that the Act is enacted to protect the interest of consunrer of the real estate sector.

It is settled principle of interpretation that prr:amble is an introduction of a statute and states main aims & objects of erLacting a statute but at the same time preamble cannot be used to defeat the enacting provisions of the Act.

34(fl of the Act provides to upon the promoters, the allo Act and the rules antd reguii f,{ . guii f,{ .gSgpliance of the obligations cast real estate agents under this the authority has Page 16 of24 ffi ffi w{s wd HARERA GUI?UGRAM Furthermore, it is pertinent to note that any aggrieved person can file a complaint against the promoter if the pronroter contravenes or violates any provisions of the Act or rules or regulations made thereunder.

At this stage, it is important to stress upon the definitic,n of term allottee under the Act, the same is reproduced below for ready reference: "21d1 "allottee" in relation to a real estate project means the person to whom a plol apartment or building, as the case may be, has been alloited, sold (whether as freehold or leasehold) or otheryise.transJerred by the promoten and includes the person who subsequently acglrliestng'soid allotment throuah sole. tronsfer or ,;*\3id allotment through sale, transfer or it.vihcm such olot. oDortmcnt or htildinn otherwise but does not incluaa,idpffii$ff"fi cm such plot, apartment or building, as the case may be, is given 40,1n view of above-mentioned,!-efipition of 'allottee" as well as all the terms ;lti;n .-11*:.:. j JI :I lili. i .g, 'ri;;,. and conditions of the_qpajtmel!_b,yys.i:r agreement executed between E ..-:,".- i. l;, s; i, r promoter and complSinan! it.iq ffil clear-that the complainant are # - ..ri: i . -, ,-, .,,....., ,. ir :::: allottee(s) as the s,,upject unit was allotterl to them by the promoter.

The ;lE concept of invest'gl ,,1: *r"ot, O.*tln?O 3r 1;:ferr9,! ,,in the Act.

As per the definition given underse$[on.z qf thg Ac:t, there will be ,,promoter,, and . :. .

I 'i .. . "allottee" and there camotte a party having a status of ,,investor',.

Thus, '.j4. ,'.1 :::a 3:... .. - ..." _.:r.,,; R ,:: " ::, the contention of promoter that theal[ottee being an investor is not entitled to protection of this Act also stands rejected.

F.II Objections raised by the r w.r.l force nnajeure.

4t.It is contended on behalf of respondent/builder that due to various circumstan.., b. stan.., b.yJffi1&;.i;fi;,1;;;i i i,oi'rooed up the construction or the project, resulting in its delya such as various orders passed by NGT hon'ble Supreme court, introduction of rrew highway being NH-352w, transferring the land acquired for it by HU DA to GMDA, then handing over to NHAI, re routing of high tension lines llassing through the land of the project, impact on the project due to poliry of NIpL and TOD issued on Complaint No.

191 of 2023 & others Page L7 of24 HARERA Complaint No.

191 of Z0Z3 & others ffiGUI?UGRAM 09.02.201'6 and outbreak of covid-19 etc.

But all the pleas advanced in this regard are devoid of merit.

The passing of various orders to control pollution in the NCR region during the nronth of November is an annual feature and the respondent should have tzken the same into consideration before fixing the due date.

Secondly, the various orders passed by other authorities were not all of a sudden.

Thirdly, due to covid-i.9 there may be delay but the same has been t., p,,{..,f''.f;y thergovt. as well as authority while granting extension in registratlkfu?f,,I,le projecrs, the validity of which expired from March Z0Z0 fr. :1lff;,?dd 6 months.

42.The due date of posset_tjg, ,|i.:1.9_.,1.u:"---11= case as per clause T.t is 1s'03'2025' so' 'nv,:.i:5.1:h'3,k9,g'?H-f".*1i,,9**hich could have an erfect on the due date should have before fixing- a are date.

Moreover, the circumstances detairli{r.ri.r did not riiru,rlrrr ,na .oua have been taken into account whilffi retilg k.:;.;i..[. in, benefit ri,"o.o"ite period ul." tl : - , i)- 1l in this regard cannotte givrn to thg resporndeni/builder. c.

Findings on the ."ri"iriiujt ruy t1,.,{io;pirihant. " ; . ,-,. , -- I.

Direct the respondent to rehnd"tnh'*oaf ermount paid along with interest rr.

Direct,h. .;';'ffi,{lr-ru,oi$ #.$.,urr'Li .r,. or L,0lo p.a. to the t' III.

Direct the respondent no. ondent no.

2 to stop taking further payment of EMI,s from the complainant against the said unit and from releasing the amount in respect ofthe propertyto respondent no.

1 43.

0n the basis of license no.

91 of 20L3 dated 26.L0.2013 issued by DTCp, Haryana, a residential group housing colon5r by the name of "Turning point,, was to be developed by the respondent/lluilder over land admeasuring Page 18 of 24 HARERA complaint No.

191 of 2023 & others ffi- GURUGI?AM 18.80 acres situated in Sector BB-8, Gurugram.

This project was later on registered vide registration certificate No, zl3 of z07T with the authority.

After its launch by the respondent/builder', units in the same were allotted to different persons on vide dates and that too for various sale considerations.

Though, the due date for cc,mpletion of the project and offer of possession of the allotted units was men.tioned as validity of registration certificate being L5.03.2025 but 1ftel expiry of more than 4 years from the booking there is no ehysicajl,1rr$ffi;_p,:..* gress at rhe site except for some digging work.

Even the prom. to 61. quarterly progress reports giving rhe status of project' ;.qffi;'too* section 11 of Act, 20r.6. so, keeping in view all,.ft,,.,k rffdi fuind Cf ,$i.e, allottees of rhat project approached the auth-otit$/ Uy ,,rffiirif ffomp,iaint bearing no.

175 of 2021 and 27 others titiffi Ashish Kuinir Aggarvval vs vatikaf,rd. seeking refund of the paialfililnoqnt beridei'corop"nrrtion by taking a prea that the project has be.fu-iffinea aqa there is #.ogress of the project at the site. rhe versio;11#?'frta:dad;g@fu*.',n those compraints was otherwise and who to"#blffi lfiiiJ]#,i,r,n,, being pre-mature were not maintainable. sfiiharf thgp;oject had -not been abandoned and there was delay in compl&t ffiririh"lrrula,iu il irr" reasons beyond its conrrol.

Thirdly, the ailotaenti #if rnrae under subvention ,.nur. and the respondent/builder had been paying pre-E MI interest as committed. committed.

44' During the proceedings held on 12.08 .2022, the authority observed & directed as under: a' Interim RERA Panchkula issued a registration certificate for the above project being ._developed by M/; vatika Limited in the form REP-lll prescribed in the Haryana Real Estate fRegulation and Development) Rules, 20L7 videregistration no.213 of 201,7 on 15.0g.2017 valid Page \9 of24 Complaint No.

191 of 2023 & others c. -r.t; '.

The authority directed the'fu$.pf-rtentto furnish the details of bank accounr along with the statements of al#qrq de$,burrts associated with these promoters. e. f.

In order to safeguard the intdi g,Wdi-$$}r$f, lie,allottees and keeping in view the above facts, the authority exer,cising iJ*power u nder section 36 of the Act, directs the promoter's M/S V,ptika'li"ryutetl;frir$top. operitions from bank accounts of the above, proj ::t lrr.ely "Tuiningioi I{' rn u.eri.., il; ;"tdr.;; #;ftj;b rF.ur., the acco unts associ ated wi th the above-mentionbd promoteiC'in drder to risiri& the promoter from further 45.

It was also obserudithatwork aGthe=sitir'is standstill for many years.

So, the authority decidMrp,qpoorrt !nr, Ra"pesh-Kumar DSp (Retd.J as an enquiry officer to enduife!@ the aftairs of the promoter regarding the project.

It was also directeh'that the enqulry officer shall report about the withdrawal from the accounts till further ordei. .- % - : I' : the allottee(s) of ' h#"Fr,,Srnus sthty proportionate land cost and construction cost whether deposited in the separate RERA account as per the requirements of the Act of 2016 and Rule s 201,7.

He was further directed to submit a report on the above-mentioned issues besides giving a direction to the promoter to make availatrle books of accounts and other relevant documents required for enquiry to the enquiry officer in the office of the authority.

The company secretary and the chief financial officer as HARERA GURUGI?AM up to 15.09 .2025 under section 5 of the Act ibid.

Act ibid.

But in spite of lapse of more than 4 years since grant of registration, It was alleged by the .orrr.i of complainant that there is no physical work progress at site except for some digging work and appears to be abandoned project.

No quarterly progress report ii U.ing filed by the promoter giving the status of work prc,gress required undu. section-1L of the Act,20t6. b.

The license no.

91 of 20L3 granted by DT CP has expired on 26.L0.2017 and the same is not yet renewed/revived, while BBA has been signed declaring the validity of license.

It becomes amply clear that the promoter is not only defaulting/omitting in discharge of its obligations under the Real Estate (Regulation and Development) Act, z0L6 but at the same time, violating the provisions of the Haryana Develqpnrent and Regulation of Urban Area, Act 1975 also. ,l:,ol:rl.;i$." i "' Page20 of24 ffi ffi HARERA W- GUI?UGRAM well as the officer responsible for day-to-day affairs of the project were also directed to appear before the enquiry officer.

They were further directed to bring along with them the record of allotnrent and status of the project.

46.

In pursuance to above-mentioned directions passed by the authority and conveyed to the promoter, the enquiry officer submitted a report on 78.10.2022.

It is evident from a perusal of the report that there is no construction of the project exc-epl,.$e,me : : t:t,...::[,i., li ": er:cavation work and pucca labour quarters built at the site.

191 of 2023 & others terial such as steel, dust, other lwas also submitted that despite material and a diesel setwere issuance of a number of notices"w.e.f. l,'l.o}.zoz2 to 1,B.1,o.2ozz to Mr. surender singh director of the.project, non-turned up to join the enquiry and file the requisiSti i"nrormation' ,s,.a1.,,.i.1d by the aurhoriry. aurhoriry.

Thus, it shows that despit6pp#cific,Uiffi'efun5 oi3fr iiiittrority as weil as of the enquiry officer, the promoter failed to place on record the requisite e its order dated L2.0B.ZOZ2.

So, its shows that ndoned by the promoter.

Even a letter dated 3 o.Og .2022, filedby th e p.o rbta.dOilt ,, g a p ro p o sal fo r d e- re gi strati o n of the project "Turning Point" and settlement with the existing allottee[sJ therein has been reeeived by the authoritr and wherein following prayer has been made by it: i.

Allow the present proposal/application ii.

Pass an order to de-register the p"oject ,,turning point,, registered vide registration cerfficate L,earing no.

213 of 2017 dated 15.09.2017. iii.

Allow the proposal for settlement of allottees proposed in the present application iv.

To pass an order to club all the pending complaints/claims with respect to the project "turning point" be.,fsy" the td.

Authority in Page2l of24 HARERA ffi GURUGRAM allottees in a the present matter and to decide the sa,me in the manner as the ld.

Authority wilr approve under the pr,zsent proposar. v.

To pass any other relief in the favour qf the applicant compqny in the interest of justice.

47' Thus, in view of the proposal given by the promoter to the authority on 30'09.2022 and corroborated by the report of enquiry officer dated L8.1,0-2022, it was observed that the project namely ,,Turning point,,was not being developed and had been.abancloned by the promoter.

Even he applied for de-registration o stered vide certificate no.21,3 of 2017 dated 15.09.2017 and roposal for settlement with the allottees in the project by way rt or by refund of monies paid by them.

So, in view of the'sffid len by the Complaint No.

191 of 2023 & others to refund of the B(1xbl ir!Xa.-::, vrr l.tr.v,r.bv-a* drrLr flq ICpUI't Ot Ine LnqUlfy ,* ?Urt, tha,t$aprbjlect has b9€n abandoned. abandoned.

Thus, the !; amount paid by tt uh to the promoter r to the promoter against the allotment of the unit as prescribed under section 1B(1J the paid-up amount with in the prescribed rate from the date of :ion 1B[1)[b) of the Act, Zll.lproviding for refund of rvith interest at the prescribed rate from the rlare of 18.

If the promoter fails to complete or i;; unable to give possession of an apartment, plot or building, (a) ............ (b) due to discontinuance of his business as a developer on account of suspension or revocation of the registration under this Act orfor any other reason, he shall be liable on demand to the allottees, in case the allottee wishes to withdraw from the projecl without prejudice to any Page22 of24 ffi ffi rs{s wd HARERA GUt?UGRAM Complaint No.

191 of 2023 & others H.

49.

48' It is proved from the facts detailed above and not rebutted by the developer that the project has already br-'en abandoned and there is no progress at the spot.

The developer used r[he monies of the allottees for a number of years without initi$_i.Bg any work at the project site and continued to receive $,ffi$ the auoned unit.

So, in such situation there has been an indi y in the project which cannot be other remedy availabre, to return the amount received by him in respect of that apartment plot, building, as the ,oii ^oy br, with interest at such.rate as may be prescribed in this beharf including compensotion in the manner as provided under this Act." condoned.

Thus, the comp,qj;qg dF,["iihp*"mpeiled to rake possession orthe unit and he is.we1r*t}{l[.ttfti&ht !o.fuur. a refund of the paid_up Hence, the authority hereby passes this order and issues the following directions under section.3T of the Act to errsure cornpliance of obligations v vr vurrEicrLrLrllJ cast upon the promoter as perthe function entrusted to the authority under section 3a[fJ: i.

3a[fJ: i.

The respond re c e i ve d fro nf q: f [q n: ? r $-ry, _:: Ire/ u by ]l ru agai n s t h i s a I I o te d u n i t along with inieresLat;the:ptetedda+;td ii rc.esohper annum from the date of each payment till the date of actual realization within the timeline as prescribed under rule 16 of the Rules, 201,2. ii.

A period of 90 days is given to the respondent to comply with the directions given in this order and fairing which legal consequences would follow.

Page23 of24 ffiHARERA ffictllltlctlAM iii. out of the totar amount so assessed, the amount paid by the bank/payee be refunded first in the account of the bank and the barance amount arong with inter*st if any, be refunded to the comprainant-ailonees in cR/ rgr /zoz3 and cR/Zr4r /zoz3.

50.

This decision shall mutatis mutandis appl5r to cases mentioned in para 3 of this order.

51.

The complaints stand disposed 52.

Files be consigned to Haryana Member Gurugram GUftUGI?IIIVI Page24 of24