RAVI SHANKER SHARMA AND LALTI DEVI vs PIVOTAL INFRASTRUCTURE PVT. LTD.
Party Details
- RAVI SHANKER SHARMA AND LALTI DEVI
- PIVOTAL INFRASTRUCTURE PVT. LTD.
Case Summary
RAVI SHANKER SHARMA AND LALTI DEVI filed Case No. RERA-GRG-3702-2023 in the Haryana Real Estate Regulatory Authority (RERA) against PIVOTAL INFRASTRUCTURE PVT. LTD.. The case has undergone 3 hearings over 5 months. The case is currently pending. 6 orders have been issued in this matter.
Hearing History (3)
- 8MAY 2024Hearing
Judge: ASHOK SANGWAN
The present complaint has been received on 18.08.2023 and the reply on behalf of respondent was received on 23.11.2023. Succinct facts of the case as per complaint and annexures are as under: S.N. Particulars Details 1 Name and location of the project “Riddhi Siddhi” at sector 99, Gurgaon, Haryana 2 Nature of the project Affordable Group housing 3 Project area 6.19375 acres 4 DTCP license no. 86 of 2014 dated 09.08.2014 valid upto 08.08.2019 5 RERA Registered/ not registered Registered vide no. 236 of 2017 dated 19.09.2017 valid upto 08.08.2019 6 Registration extension vide no. Harera/GGM/REP/RC/236/2017/ EXT/177/2019 dated 30.12.2019 valid upto 31.08.2020 7 Unit no. T7-203, 2nd floor, Tower-T7 (page 41 of complaint) 8 Unit area admeasuring 487 sq. ft. (Carpet area) (page 41 of complaint) 9 Date of allotment 05.09.2015 (page 30 of complaint) 10 Date of builder buyer agreement 28.10.2015 (Page 40 of complaint) 11 Date of building plan approval 17.10.2014 (page 27 of reply) 12 Environmental clearance dated 22.01.2016 (page 33 of reply) 13 Possession Clause 8.1 EXPECTED TIME FOR HANDING OVER POSSESSION Except where any delay is caused on account of reasons expressly provided for under this Agreement and other situations beyond the reasonable control of the Company and subject to the Company having obtained the occupation/completion certificate from the competent authority(ies), the Company shall endeavor to complete the construction and handover the possession of the said Apartment within a period of 4 years from the date of grant of sanction of building plans for the Project or the date of receipt of all the environmental clearances necessary for the completion of the construction and development of the Project, whichever is later, subject to timely payment by the Allottee of all the amounts payable under this Agreement and performance by the Allottee of all other obligations hereunder. 14 Due date of possession 22.01.2020 [Due date of possession calculated from the date of environmental clearance dated 22.01.2016] 15 Total sale consideration Rs.19,98,000/- (exclusive of taxes) (page 42 of complaint) 16 Amount paid by the complainant Rs.21,19,532.93/- (including taxes) (as per final reminder letter dated 06.03.2023 on page 34 of complaint) 17 Occupation certificate Not yet obtained 18 Offer of possession Not offered The complainant is seeking DPC on account of delay in handing over of possession of the unit in the Affordable Housing project for which the due date of handing over the possession was 22.01.2020 and the OC for the same has not been received till date. The respondent has offered possession for fit out on 24.06.2023 without obtaining OC. The AR of the respondent states that the building is complete and OC has been applied for. He further states that the amount received from the complainants is only Rs.20,94,465/-. Arguments heard. DPC is allowed alongwith interest at the prescribed rate i.e. 10.85% per annum from the due date of handing over of possession till the offer of possession + 2 months or actual handing over of physical possession whichever is earlier after obtaining valid occupation certificate. Detailed order will follow. Matter stands disposed off.
Stage: DISPOSED
- 21FEB 2024Hearing
Judge: ASHOK SANGWAN
The present complaint has been received on 18.08.2023 and the reply on behalf of respondent was received on 23.11.2023. The proxy counsel for the complainant requests for a short adjournment as the main counsel is not available today. Request is allowed. Matter to come up on 08.05.2024 for further proceedings.
Stage: PENDING
- 22NOV 2023Hearing
Judge: SANJEEV KUMAR ARORA
The present complaint was filed on 18.08.2023 and registered as complaint No. 3702 of 2023. As per the registry, complainant has sent copy of complaint along with annexures through speed post as well as through email and proof regarding having the delivery of the complaint along with annexures made to the respondent has been submitted by the complainant as available in the file. The registry of the authority sent a notice with a copy of the complaint along with annexures through speed post of which delivery confirmed on 30.08.2023 as per the tracking report of the speed post available in the file. Registry has also sent the notice along with a copy of the complaint through email at following email address: [email protected]. It is a proper service of the notice. AR of the company has handed over a copy of reply to the counsel for the complainant and shall be filing in the registry within a week failing which the defence of the respondent shall be struck off. Matter to come up on 21.2.2024 for further proceedings.
Stage: FIRST HEARING
Orders (6)
- 8MAY 2024judgementView Order ↗
Order No: N/A
- 8MAY 2024orderView Order ↗
Order No: N/A
- 22FEB 2024orderView Order ↗
Order No: N/A
Judgement DetailsView full order PDF ↗
HARERA P.
GURUGRAM 1.
Ravi Shanker Sharma, 2.
Lalti Devi, Both R/o: House No.
202, 0m Shaurya Niwas, Raja Ram p Lane 8, Kharadi, Pune-411014.
Pivotal Infrastructure Regd.
Office at: 309 Square, Sector-15, Also at: 704-705, Sector-15, Part-ll, COMM: Ashok Sangwan APPEARANCE: Gaurav Rawat (Advo Sidharth Sejwal (ARl 1. that the promoter shall be BEFORE THE HARYANA REAL ,ATE REGUI-ATOR.Y AUTHORITY, GUR GRAM complaint No.
3702 of 2023 : 37OZ of 2023 ; L8.08.2023 ; 0A.05.2024 Complainants Respondent Member Complainants Respondent Date of Date of cateJ ORDER The present complaint has been filed the complainant/allottees tion and Development) Act, under section 31 ofthe Real Estate I 2016 [in short, the Act) read with rule 8 of the Haryana Real Estate (Regulation and Development) Rules, 2 violation of section 11[4) (a) ofthe Act wh 17 (in short, the RulesJ for itis lncer alia prescribed ible for all obligations, Page 1 of 18 | s*J;& ffiL]AREBA ffi eunuennlr A.
2. responsibilities and functions under th Rules and regulations made there unde agreement for sale executed lnterse.
Unit and proiect related details The particulars of unit details, sale cons the complainants, date of proposed han< period, ifany, have been detailed in the f Fr',fi-rr".sril20t-l provisions of the Act or the or to the allottees as per the ideration, the amount paid by ing over the possession, delay rllowing tabular form: s.N.
Particulars Details 1 Name and Iocation of the project dhi" at sector 99, Gurgaon, 2 Nature of the project Affordable Group housing 3 Proiect area 'es 4 DTCP license no.
86 of 2074 upto 08.08 dated 09.08.2 014 valid 2079 5 RERA Registered/ not registered Registered dated 19.0, 08.08.2 019 vide no.236 of 2017 ).2017 valid upto 6 Registration extension vide no.
Harera/GG EXT /1,77 /' valid upto I v/REP /RC/236 /2017 / 019 dated 30.12.201.9 1.08.2020 7 Unit no.
I I T7 -203,2"c (page 41 of floor, Tower-T7 complaint) 8 Unit area admeasuring 487 sq. ft.
87 sq. ft. ( (page 41 of larpet area) complaint) 9 Date of allotment 0 5.09.2015 (page 30 of complaint) 10 Date ofbuilder buyer agreement 28.t0.2015 (Page 40 ol complaintl 1.1 Date of building plan approval 17 .t0.2014 (page 27 o1 reply) t2 Environmental clearance dated 22.0L.207e (page 33 ol replyJ Page Z oflB ffiHARERA #,eunuennl,r [iiler,i.nN.:3?fir,ortl 13 I Possession Clause ({/ s IA \ I 8,1 EXPEI OVER POSI Except wh account of under tht situations I of the Co Company occupation/ the com(.
Company ! the const possession within a pe of grant o) for the Pro all the , necessory constructi( Project, wl timely payn amounts p( and perfon other obligc ,TED TIME FOR HANDING ESSION zre any delay is caused on 'easons expressly provided for s Agreement and other eyond the reasonable control npany and subject to the having obtained the 'completion certificate from etent authority(ies), the 'hall endeavor to complete uction ond handover the of the said Apartment riod of 4 years from the date ' sanction of building plans iect or the date of receipt of nvironmental clearances for the completion ol the n ond development of the tichever is later, subject to ent by the Allottee of all the yable under this Agreement nance by the Allottee of all tions hereunder. 'J.4 Due date of possession 22.0L.2020 [Due date calculated environmel 22.07.201.6 of possession has been from the date of tal clearance dated being laterl 15 Total sale consideration Rs.19,98,00 (page 42 of )/- (exclusive of taxes) complaint) 1,6 Amount paid by the complainant Rs.21,19,53 (as per final 06.03.2023 2.93l- [including taxesJ reminder letter dated on page 34 of complaintl Page 3 of 18 !
HARERA GURUGRAM lfilpl",", L".:?ilr0rtl 77 0ccupation certificaie I ot yet ob :ained 1B Offer ofposseisioi T ot offerer B.
I.
Facts ofthe complaint: The complainants have made That the complainants w having carpet area measur of the respondent named vide allotment letter dat( buyer's agreement was ex( for a total sale considera considerati( II .I"L :tl er in :d tc )n Le followi e allotte( i487 sq.l liddhi Sir 05.09.20 rg submissions in the complain a unit bearing no.
TZ -OZO3, 1., block-T7, 2'd Floor in proiect ldhi" at Sector 99, Gurugram, 15.
Thereafter, an apartment een the parties on 28.10.2015 8,000/-. ofRs.19, I rral dJ Per Llduse o,I oI u to deliver the possession v grant of sanction of buil environment clearance.
That as per the demands payment plan, the compla. paid a total sum of Rs.21,1!
That the complainants wen and requested ihem to allo allowed saying that they d during construction period.
The complainants contacte( were regularly in touch wi never able to give any sal regarding the status of the the delivery of the possessi matter with the representa II. it lo :l o ti Page 4 of 18 ouyers agreement the respondent had hin a period of 4 years from the date of rg plan or the date of receipt of all ised by the respondent, based on the tnts to buy the captioned unit already 32/- towards the said unit. o the office of respondent several times them to visit the site, but it was never not permit any buyer to visit the site 1e respondent on several occasions and the respondent.
The respondent was :actory response to the complainitnts ssession and was never definite about l.
The complainants kept pursuing the ,es of the respondent by visiting their t: ffiIARERA S,euRuennll office regularly as well as the project and why poss no avail.
VI.
That the respondent has co has not provided the servi brochure, BA and the diffr time.
Further, such acts of the spirit of RERA Act,2016 VII.
That the respondent has p) has cheated them fraudu to complete the construcl period.
The respondent ha the BBA executed with the being aggrieved by the ol deficiency and failure in s complaint.
VIII, That the complaiiliffE -{. iliffE -{.ir respondent rai$n1 vq{oqr asking the reason for delay and timeline within which 1 and challenging the various sent to the complainants, provide any satisfactory That respondent sent letter to the complainants, mention has been completed.
The u purpose of commencing the IX. t-outs an Page 5 of 18 Complaint No.
3702 of 2023 sing the tter to when will they deliver on at such a slow pace, but to ion is goi pletely iled to honour its promises and as pro ised and agreed through the t adve sements released from time to e respon ent are also illegal and against HRE Rules,2017. d upon the complainants and honestly with a false promise project site within stipulated alalfidely failed to implement nts.
Hence, the complainants Ldins mi uct, fraudulent activities, ndent is filing the present in us communications to the relation to the said unit and anding r the possession ofthe unit ce ofthe es it is rea will be handed over to them illegal d one-sided demands letters ut resp dent till date has failed to nse to em. f offer o possession dated 24.0 6.2023 e construction ofthe said unit y for the possession for the ng that interior work. [t is pertinent x. xt.
C.
4.
HARERA MGURUGRAI/ to note here that along possession, the respondent of electricity connection electrification charges, labo the payment plan provided That offering possession which the buyer is not considered to be a valid o malafide intention on the pa the money from the inno allottees.
Therefore, the aforesaid letter of possession artea\@ provisions of tL, ER.& r Relief sought by The complainants have sought lowing ief(sJ.
Direct the respondent to han( over pos ion of the unit and to pay delayed possession charges at ep ibed interest per annum from it_ the due date till actual delive ofthe u II.
Quash the offer of possession letter da 24.06.2023 and direct the respondent to not to charge a parties. ich has not been between the 10n. n the 10n.
That the complainants, aft€ the aforesaid letter of offer of possession, asked the resp ide a copy ofthe OC, but the respondent failed to provi e.lt is pertinentto note here that the respondent in respect o rit has not received the OC till ,:.the OC sent offer of of law and clearly shows the Complaint No.
3702 of2023 ith the above said letter of offer of ised ral illegal demands on account d pre- id meter charges, external which was never the part of r cess ong wi allotment letter. ndent on payment the resp of charges cannot be ntractu ly bound to pay, of the respondent to cheat and exrract 3 is illegal and not valid as per rhe date.
Hence, respondent r possession letter which is b; ithout in the ing Page 6 crf 18 ffit]aaun S-eunuenRu I II, Direct the respondent to no Indemnity cum Undertaki conveyance deed.
Direct the respondent to p On the date of hearing, respondent/promoter about committed in relation to secti not to plead guilry.
Reply by the respondent.
The respondent vide rep on the following grounds: - t r",' i.
That this Authority does nc present complaint.
Therefor dismissed. ii.
That the respondent was dated 09/08/2014 for the housing residential colony o acres situated in the reven Sector-99, Gurugram.
The relevant approvals and sancti prorect. the respondent ob vide approvals dated 17.10.20 clearance vide approval dated iii.
That the respondent further o and the respondent was gran said RERA registration was v by this Hon'ble Authority till IV.
5.
D.
6.
Compiaint No.
3702 of 2023 to force the complainants gasp econdition for to sign any signing the e contra n 11[4) de the e act lay out plan ofthe said unit. the a thority explained to the ntions as alleged to have been ) of the Act to plead guilty or 1023 contested the complaint rrisdiction and adjudicate the ent complaint is liable to be nse bearing no.86 of 2014 the levelopment of an affordable group the land admeasuring area of 6. area of 6.1_:137 s state of village Kherki-Marla Dhankot, ;pondent, thereafter, obtained all the s to commence the construction ofthe d the approvals of the building plans 4 and alqo obtained the environmental 22.07.2016. ined th[ registration under RERA Act d the registration no.236 of Z01Z .The till 08J08.2019 which was extended 1.08.20?0.
Therefore, the respondent Page 7 of 18 HARERA P*GUI]UGRAM was entitled to complete However, due to the ou construction works were control ofthe respondent co iv.
That the construction ofthe to the stoppage of constru period with effect from 201 directions passed by Hon'b Environment Pollution [Co Capital Region, Delhi; H Panchkula "na ,qf6t stoppage of cony(Sn a of the construction activities delay in completing the proje That the complainant had were substantial delays in instalments.
Therefore, the timely performance of the ' wherein the complainant him 'contractual obligations' on ti vi.
That the present proiect is an developed in accordance with Policy, 2013.
The allotment Government of Haryana and i paid the allotment price in i was fixed by the Governmen same was not revised till d Altho Page I of 18 Complaint No.
3702 of 2023 d buil the proiect till 31.08.2020. the pandemic Covid-19, the erely h pered which was beyond the pany. ject ha been stopped/obstructed due on acti ies several times during this ult of the various orders and Natio Green Tribunal, New Delhi; ntionl Authority, National Pollution Control Board, ties from time to time.
The ptly had led to slowing down which also contributed to the within e specified time period. edtom e timely payments and there the payments of the due making plain t is forbidden to demand the obligation' by the respondent iled to perform his part of the affordabl group housing project being the provi ion ofthe Affordable Housing price o the unit was fixed by the terms of e policy, the respondent was lmen Though, the allotment price na in the year 2013, but the gh the construction cost f ion cost for ofH reak of r month MHARERA ffi eunuenRvr vii.That the grant of interest at Haryana Real Estate applicable to other normal and construction works relevant approvals.
Copies of all the relevant d decided on the basis of those Jurisdiction of The respondent authority has no ju objection ofthe respo of jurisdiction s6nft territorial ,. *S I present complaint for the reas E.l Territorialiurisdiction Town and Country Planning Haryana Real Estate Regulato Gurugram district for all E.
7. question is situated within th planni Page 9 of 18 I increased manifold, but the increase the allotment price. unreasonable and unjust, will the respondent and it shall ha record.
Their authenticity is no Complaint No.
3702 of 2023 t of Haryana had failed to d rate as per Rule 15 of the n and Development) Rules, 2017 as housi real estate proiects is wholly mpose u necessary financial burden on a cas ing effect on the development rre and in obtaining all other ments h rve been filed and placed on made by the complainant.
As per notification no. l/92/2 t7 -7TC artmen In th :in dispu r.
Hence, the complaint can be ndispute documents and submissions )Et bmission/objection rhe present complaint.
The on of complaint on ground rity observes that it has n to adjudicate the dated L4.12.2017 issued by Haryan4 the iurisdiction of Autho , Gurugram shall be entire present case, the pro.iect in area of Gurugram district.
HARERA ffiGURUGRAM with the present complaint. is reproduced as hereunder: Section 71.,.., ofall the apartm complete .iurisdiction to d F.
Findings on the oblections r F.I Obiection 11.
The objection payments by th&;h*ldl available on record which sh payment of Rs.2f ,79,532.93 /- per demands raised by it and letter dated 06.03.2023.
H 10. of any installment regarding th said uni Page 10 of 18 Complaint No.
3702 of 2023 Therefore, this authority has mplete territorial jurisdiction to deal E.ll Subiect-matteriurisdi{tion 9. di{tion 9.
Section 11(a)[a) of the Act, 24t6 pro es that the promoter shall be 11(a)(al responsible to the allottees as ler agree ent for sale.
Section (4) The promoter sha - (a) be responsible for all bilities and functions under the provisions of les and regulations mode agreement for sale, or to thereunder or to the al, the association of ol be, till the conveyonce allottees, or the comn as the cqse mqy be, to the ciation ofallottees or the So, in view of the provisions of compliance of obligations by th pliance of the obligotions md the reol estate agents ns msde thereunder. oted above, the authority has complaint regarding non- r. respondent. payments. rnder t-builder regarding delay in is rejer in view of the documents that e complainants have made a taxesJ to the respondent as is evident from the demand inclu er, no do ument qua delayed payment was placed on record by the competent authority, as tt S e cti o n 3 4 - Fun cti on s of 344 of the Act provides cast upon the promoters, uncler this Act and the rul e sam ffiHARERA ffi GTJRUGRAI/ a very short G.
Findings on the G.
I Directthe delayed the due date till 13.
In the present Complaint No.
3702 of2O23 respondent.
Hence, keeping i view of e facts mentioned above, the plea advanced by the respond nt in regard stands rejected.
F.II Obiectionsregarding 12.
The respondent-promoter construction of the proiecr rce maie d the contention that the elayed due to force majeure circumstances such as orde authorities from time to time, ons of the NGT and other utbreak of the Covid-19 pandemic etc.
However, all the pleas adva gard are devoid of merit.
First estion was to be offered by respondent do not have any of all, the possession of 22.01..2020.
Hence, even impact on the pro.i respondent.
Further, the orders passed by e NCR region was for ot be said to impact the respondent-buil the completion. ompletion.
Thus, the promoter/respo niency on based of aforesaid reasons le that a person cannot take benefit of his own iion of the unit and to pay interest per annum from project and are seeking delay lon intend to continue with the arges as provided under the proviso to section 1g(1J ofthe Sec.
1 (1 I proviso reads as under. ensation "Section 18: - Return of qnd 18(1).
If the promoter iails to or if unable to give possession of an apartment, plot, or building, Provided that where on a does ot intend to withdraw from oter, interest for evety rais been the project he shall be id, by the Page 11 of 18 complainants. ffiHARERA ffi eunuCnl,r 14.
15. t6. interest.
The rate of interest Page 12 of 18 Complaint No.
3702 of 2023 month of delay, titt the hFnding of the possession, at such rote qs mqy be prescribed." Clause 8.1 of the buyer's "gr]uem"nt ted 28.10.2015 provides for handing over ofpossession anf is rep uced below; 8.1 EXPECTED TIME FOR ITANDING O PO.'SESS/0N "Except where any delay isloused on nt of reasons expressly provided for under this Ag reasonable control of the other situotions beyond the pony o subject to the Compony having obtained the occu otlon/co on certificdte fiom the co m p e te n t a utho rity (i e s), e Compan shall endeavor to complete the construction and hondo " the within a period of 4 yeays building plans for the pra date of receipt of all thi o on of the said Aportment of grant of sanction of tject, whichever is loter, under thls Agreement a ofall the omounts poyable by the Allottee of all other at prescribed rate of interest: Proviso to section 1g where an allottee does not environmental clearances the completion of the construction and developn subject.to timely poyment b. hall be paid, by the promoter, ing over of possession, at such rate as may be prescrib s been prescribed under rule 15 ofthe rules.
Rule 15 has bee ed as under: Rule 15. : Rule 15.
Prescribeil rqte of int ond sub-section (4) and subst (1) For the purpose of pro from time to time Ior lerlding to th The legislature in its wisdom irl the sub to section 72, section 18 n 191 sections (4) and (7) t prescribed" sholl be the 12; section 18; and sub- section 1 t, the "interest dt the rate oflending rate +20k.: te Bonk India highest marginol cost Provided that in cose the Stute nk of Indio marginal cost of it shall be reploced by such lending rote (MCLR) is not in benchmark lending rat[s which Stote Bqnk of Indio moy fix lpublic- rdinate legislation under the provision of rule 15 of the rules] has dete ined the prescribed rate of ined by the legislature, is ffiHAREBA S* eunuenRHl reasonable and if the said rul ensure uniform practice in all L7.
Consequently, as per web httos://sbi.co.in. the marginal on date i.e., 08.05.2024 is 8.8 interest will be marginal cost The definition ofterm 'inte provides that the rate of i promoter, in case of default, r the promoter shall be liab relevant section is refoli "(,ol ",rr"rn." {"*il, ollottee, as the case may be.
Explanation. -For the purl shall be t'rom the dorc lhe all promoter Lill the dote it ls paid;, Therefore, interest on the delarl payn (, the rate of interest chat in case of default, shall promoter shall be lioble 19. (ii) the interest payable by the date tht refunded, and the be charged at the prescribed promoter which is the same as possession charges.
20.
0n consideration ofthe docum made by both the parties, the a is in contravention ofthe p the agreement executed b possession of the subject ap ent was Page 13 of 1B the date the qmount complaint No.
3702 of 2023 is follo to award the interest, it will e cases. te of e state Bank of India i.e., cost of I ding rate (in short, MCLR) as o/o, dingly, the prescribed rate of f lending le +20/o i.e.,10,85%. as defin under section Z(za) ofthe Act ble from the allonee by the to the rate of interest which ottees, in case ofdefault. ofdefault.
The by the promoter or the the allottee by the promoter, the rate of interest which the llottee, in cqse ofdefoult; to the ollottee shall be from mount or any port thereoftill and interest thereon is the allottee to the promoter .defaults in payment to the s from the complainants shall l0,85o/o by the respondent/ being anted to it in case of delayed ts availa le on record and submissions satisfied that the respondent Act.
Byvirtue ofclause 8.1 of thority i n the parties on 28.10.2015, the be delivered within 4 years ons ofth HARERA ffi GURUGRAM 2L. from the date of sanction of b clearance whichever is later. possession was 22.0L.2020. possession of the subiect apa it is the failure of the respond responsibilities as per the within the stipulated period. that there is delay on the part of the allotted unit to the comp of the buyer's agreement da parties.
Further, no OC this proiect is to be treated as ol Act shall be applicable equally Section 19(10) ofthe Act obliga subject unit within 2 months l certificate.
In the present comp obtained.
The respondent sha question to the complainan so, it can be said that the com occupation certificate only u Therefore, in the interest of na given two months time from th months of reasonable time is b in mind that even after intimati arrange a lot of logistics and limited to inspection of the com to that the unit being handed ov r at the Page 14 of18 ilding pl or receipt of environmental erefore the due date of handing over he resp dent has failed to handover ent till te ofthis order.
Accordingly, t/prom er to fulfil its obligations and ment o hand over the possession ity is of the considered view ondent to offer of possession per the terms and conditions he autho 2015 executed between the been ranted to the project.
Hence, p ect and the provisions ofthe the buil er as well as allottees. allottees. the all ttee to take possession ofthe )m the te of receipt of occupation int, the o upation certificate is yet not offer e possession of the unit in ng occupation certificate and r obta nts come to know about the n the ate of offer of possession. ral justi , the complainant should be ffer of possession.
This two ng given n of p date of to the complainants keeping ession practically one has to uisite uments including but not letely fi ished unit but this is sub.iect e of taking possession is in Complaint No.
3702 of 2023 HARERA GURUGRAM habitable condition.
It is charges shallbe payable from tillthe expiryof 2 months from obtaining occupation certifica handing over ofpossession, w 22.
Accordingly, it is the failure of responsibilities as per the a possession within the stip compliance of the mandate .cl proviso to section 18(1) of tl established.
As such, the a interest for every month of.
22.01.2020 till the date of vali obtaining occupation certifica handing over of possession, w 10.85 % p.a. as per proviso to s of the rules.
G.Il Quash the offer ofposs respondent to not to parties.
The complainants have submi out possession letter dated 24. unit to the complainants witho in respect of the unit in que with the above said letter of o several illegal demands on acc paid meter charges, external from the complainants which ) from the competent authority or actual ichever is earlier.
Complaint No.
3702 of 2023 er clariffed that the delay possession e due da{e ofpossession i.e., 22.01.2020 e date dfvalid offer ofpossession after e prom{ter to fulfil its obligations and ment datfd 28.10.2015 to hand overthe ted period.
Accordingly, the non- iained in section 11(4J(aJ read with 'Act on phe part of the respondent is s,shall be paid, by the promoter, , from due date of possession i.e., offer of possession plus 2 months after from the competent authority or actual chever is earlier; at prescribed rate i.e., on 18(1J ofthe Act read with rule 15 letter dated 24.06. ted 24.06.2023 and direct the ich has not been between the e respondent vide offer of fit 'ered fit-out possession ofthe taining occupation certificate further submitted that along ession, the respondent raised ectricity connection and pre- ion charges, labour cess etc. er part of the payment plan .t Page 15 of 18 Complaint No.
3702 of 2023 lotment letter.
The AR of the respondent 15.2024 has stated at bar the building is applied for but not yet received from the )nsidering the documents available on nade by the parties, it is determined that he project has not been received by the :, said offer of fit-out possession letter id valid in the eyes of law and is hereby I that the respondent shal] not charge ts 'ivhich is not the part of the buyer,s iffordable Houslng Policy, 2013. ot to force the complainants to sign any precondition for signing the conveyance not to place any condition or ask the nity of any nature whatsoever, rvhich is has been decided by the authority in 2079 ntled, as Varun Gupta V.
Emaor rovide the exact layout plan of the said 2016, the allottees shall be entitled to rnctioned plans, layout plans along with re competent authority, or any such or the rules and regulations or any such eement for sale executed between the dent/promoter is directed to provide the complainants within a period of 30 Page 16 of18 ffiHARERA #GuRUGRAI/ provided to them along with during proceedings dated 08. complete and the OC has been competent authority.
After record as well as submissions the occupation certificate for respondent till date.
Therefo dated 24.06.2023, cannot be quashed.
It is further dire( anything from the complain agreement or provided under, G.III Direct the respondent to Indemnity cum Undertaking as deed.
24.
The respondent is directed t( complainants to sign an indem prejudicial to their rights as complaint bearing no.
403I MGFLandLtd. - - c. td. - - c.rvDirectthe*klAJ unit As per section 19(1J of Act of obtain information relating to s specifications approved by information provided in this A information relating to the parties.
Therefore, the respo exact layout plan of the unit to days.
25. ffiHARERA H a;RUGRAM H.
Directions ofthe authority 26.
Hence, the authority hereby till actual handing over two months after competent autho Act of 2076 ii.
The respond question to agreement ex complainants allotted unit under iii.
The complain adiustment of iv.
The arrears offt before 1Oth ofthe subsequent v.
The rate ofinterest chargeabl case ofdefault shall be ch the respondent/promoter Page 17 of 1B es this order and issues the following directions under section 37 of the to ensure compliance of obligations cast upon the pro r as per the function entrusted to the authority under section 34[0: i.
The respondent is directed to pay interest to the complainants against the paid-up amount {t the p ed rate i.e., 10.85% p.a. for every month ofdelay fro of possession i.e., 2 Z.O1,.ZO2O r valid offer ofpossession plus ation certificate from the u per section 18(11 ofthe n ofthe unit/flat in e apartment buyer's 28.10.2015 and the ysical possession of the Act,20L6. dues, if any, after d.
22.07.2020 till the date of order by the authority shall e paid by the promoter to the allottees within a period of 90 days date [f this order and interest for every month of delay shall b paid by [he promoter to the allonees nth as per rule 16[2) ofthe rules. foom th{ allottees by the promoter, in at the prescribed rate i.e., 10.g5% by ch is th{ same rate of interest which ffiHARERA #-GuRUoRAN/ vlll, of Act of 2076.
Complaint stands File be con Haryana Real Estate Dated: 08.05.2024 vl. vtl.
27. the promoter shall be liable pay the delayed possession as The respondent shall not which is not the part of buyer's 13. uyer's 13.
Affordable Housing policy, The respondent is directed not to complainants to sign an mnity of is prejudicial to their The respondent is the complainants wi Complaint No.
3702 of 2023 allottees, in case ofdefault i.e., section 2(za) of the Act. ing from the complainants or provided under lace any condition or ask the nature whatsoever, which layout plan of the unit to days in view ofsection 19(1) HA GUR GR Page 18 of 18