SHAILENDER GODARA vs MASCOT BUILDCON PRIVATE LIMITED

* HARERA #eunuennnr BEFORE THE HARYANA R.EAL ESTATE REGUTATORY AUTHORITY, GURUGRAM Date of Order: 28.05.2025 Mascot Buildcon Pvt.

Ltd.

Proiect Name Oodles Skywalk S.no.

Complaint No.

Complaint title Attendance Complaint No.

983 of 2024 and 1 other cR/983 /2024 Shailender Godara V/s Mascot Buildcon Pvt.

Harshit Batra (Complainantl Gulshan Sharma Respondent Harshit Batra (Complainant) Gulshan Sharma Respondent Shailender Godara V/s Mascot Buildcon P!'t.

Name of Promoter cR/984/2024 Ashok Sangwan 1.

2.

CORAM: Member ORDER This order shall dispose of both the complaints titled as above filed before this authority in form CRA 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 (Regulation and Development) Rules, Z017 (hereinafter referred as "the rules") for violation ofsection 11(4Jfal of the Act wherein it is inter alia prescribed that the promoter shall be responsible For all its obligations, respo nsibi lities and functions to the allottees as per the agreement for sale executed inter se between parties.

The core issues emanating from them are similar in nature and the complainant(s) in the above referred matters are allottees ofthe project, namely, "Oodles Skywalk" being developed by the same respondent/promoter i.e., Mascot Buildcon Private Limited.

The terms and conditions of the buver,s Page 1o120 Complaint No.

983 of 2024 and 1 other ff HARERA #" eunuerul,r agreements fulcrum of the issue involved in all these cases pertains to delay possession charges along with execution ofconveyance deed.

The details of the complaints, reply status, unit no., date of agreement, possession clause, due date of possession, offer of possession, total sale consideration, amount paid up, and reliefs sought are given in the table below: Proiect; "Oodles Sky. odles Sky.walk", , Gurugram Clause-38 "The "Company" will, based on its present plans and estimates, contemplates to offer possesslon of said unit to the Allottee(s) within 36 months (refer c1.37 above) of signing of this Agreement or within 36 m the date of stort of construction of the sqid Building whichever is la period of 3 months, subject to force majeure events or Governmental ac . lf the compleLion of the soid Building is delayed by reason of slow ute with the construction agency employed by the "Compa or civil commotion or by reason ofwor or enemy ke or any act ofGod or ony other reason beyond extension of time for or terrorist 0ction or Dote of stqrt of Due date of possession- 07.1,0201,7 (calculated from the date of execution of agreement as date of start of construction is not available on record.

Furthcr, thc grace period of 3 months is disallowed as no substantial eviden ce/docume nt has been placed on record to corroborate that any such event, circumstances, condition has occurred which may have hampered the construction work.) DTCP License no.

B of 2013 dated 05,03.2013, Volid up to- 04.03.2017.

Dharam Singh is the Iicensee for the project as mentioned in land schedule of the project.

Nqture of Project- Commercial Colony RERA registrotion - Registered vide no.294 of2017 dated 13.10.2017, Valid up to- 3t.1,2.2079 PaEe2of20 y' 7.

3.

4.

5.

6. trHARERA ffieunuennnr Complaint No.

983 of2024 and 1 other Sr.

No Complaint no./title/ date of complaint Reply status Unit No. and area admeasuri ng Date of execution of agreement for sale Due date of possession & Offer of possession Total sale consideration and amount paid by the Complainant (s) Relief sought 1. cR/983 /20 24 Shailender Codara V/s Mascot Buildcon Pvt.

DOF.

22.03.2024 Reply received on 17.07.20 24 c-85, Ground floor [page 23 of complaint) t, 0?.10.2014 [dage 21 of clmplaint) 07.10. nt) 07.10.2017 (Calculated as 36 months from date of BBA as date of start of construction available on record) !(g or d;\ron- \qb\".0 ::*H\ " TSC: Rs.34,45,163/- (Exclusive of applicable taxes and charges) (As perBBAon page 24 of complain0 Rs.33,56,874.7 6/- [as per demand letter dated 08.11.2023 on page 64 of complaint) DPC, CD, 2. cR/9A4/20 24 Shailender Godara V/s Mascot Buildcon Pvt.

DOF- 22.O3.2024 Reply 17.07.20 24 C Ground lloor [pa8e 25 of complaintJ 8Z 7.1 (pa4e 22 ol complaintJ t4 0.2 0 0 T REIJ: RE 07.10.2017 (Calculated as 36 nronths from date ol BBA as date ol construCtion iS not available on re.ordl t) Offer of TSC: Rs.80,51,733/- (Exclusive applicable taxi charges) (As per BBA on page 25 ol complaint) Rs.7 3 ,96,652.7 3/. (as per demand letter dated 08.11.2023 on page 64 of comDlaint) DPC, CD, Note: ln the table referred above certain abbreviations have been used.

They are elaborated as follows: Abbreviations Full form DOF- Date of filing complainr TSC- Total sale consideration AP' Amount paid by rhe allottee[s) eagezotzo / i SHARERA #*eunuenArr,r Complaint No.

983 of 2024 and 1 other 4.

The aforesaid complaints were filed by the complainants against the promoter on account of contraventions alleged to have been committed by the promoter in relation to Section 11(4)(aJ ofthe Act,2016.

It has been decided to treat the said complaints as an application for non- compliance of statutory obligations on the part of the promoters/respondent in terms of section 34[fJ of the Act which mandates the authority to ensure compliance ofthe obligations cast upon the promoter, the allottee(s) and the real estate agents under the Act, the rules and the regulations made thereunder.

6.

The facts of all the complaints filgi&tlh€ complainant(s)/allottee(s) are also similar.

Out of the above-mer case, the particulars of lead case CR/983/2024 titled as Shailender Go V/s Mascot Buildcon Pvt.

Pvt.

Ltd. are being taken into consideration for determining the reliefs of the allottee(s) qua delay possession charges along v rtion of conveyance deed.

A.

7.

Proiect and unit related details I 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 detaileqip$ 983/2024 titled as Shailen ra V/s Mascot Buildcon Pvt.

S.

No.

Particulars Details 1.

Name and location of thb proiect "Oodles Skywalk", Sector 83, Gurugram 2.

Project area 3.03 acres 3.

Nature of the proiect Commercial Colony DTCP license no. and othel details 8 of 2013 dated 05.03.2013, Vatid up ro- 04.03.201.7 , Licensee- Dharam Singh 4.

RERA Registered/ not registered Registered vide no.

294 of 2017 dated 13.10.2017, Valid up to- 31.12.2019 5.

Unit no.

G-85, Ground floor Ipage 23 of complaintl 6.

Unit area admeasuring (super areaJ 238.75 sq. ft. (page 23 of complaint) Revised super area- 228.04 sq-ft. [page 80 of complaintl 7.

Allotment Letter 25.09.20L4 PaBe 4 of20 trLIARERA S- eunuenRvr Complaint No.

983 of 2024 and I other A.

1.

Facts ofthe complaint: The complainant vide complaint has made the following submissions: - (Page 18 of complaint) 8.

Date of execution of buver's asreement 07 .t0.2014 fpage 21 of complaint) 9.

Possession Clause 38.

The "Company" will, based on its present plons and estimates, contemplotes to offer possession of soid unit to the Allottee(s) within 36 months (refer d.

37 above) of signing of this Agreement or within 36 months from the date of start oI construction of the said Building whichever is later with a grace period of 3 months, subject to force majeure events or Govern m enta I acti on /in actio n.

10.

Date ofstart of construction Not on record 11.

Due date of possession 07.10. ion 07.10.20-t7 (Calculated as 36 months from date of execution of BBA as date of start of construction is not available on record) [Grace period of3 months is disallowed as no substantial evidence/document has been placed on record to corroborate that any such event, circumstances, condition has occurred which may have hampered the construction workl 72.

Total sale consideration Rs.34,45,163/- (Exclusive of applicable taxes and chargesJ [As per BBA on page 24 of complaint] 13.

Amount paid by the complainant Rs.

33,56,A7 4.7 6 / - (as per demand letter dated 08.11.2023 on page 64 of complaintl 74.

Occupation certificate 26.70.2023 15.

Demand letter for offer of possession 08.71_.2023 (page 64 of complaint) 16.

Possession certi[icate t4.02.2024 [page 82 of complaint] PaEe 5 of 20 y' The respondent has violated hence, is liable for payi complainant.

IV, That the complain factor of the unit the shop.

The ca respondent at the dark with respect respondent kept raising without resolving t& f,ie the unit comes out to be 1.22 or without resolving tS$redgs r That the super "."troil}dfii carpet area is stated to be 102 Complaint No.

983 of 2024 and 1 other 1) by causing such delay and ession charges to the ked to see the loading opment of a pillar in ot disclosed by the plainant was kept in area of the unit.

The illegal/unauthorised area, 8.04 sq. ft. while the 2 sq. ft and hence, the loading factor of 1-22o/o.Ihat it is a very well-known and ffiHARERA s-eunuennnr I.

That the complainant was allotted a unit bearing no.

G-85 in the proiect of the respondent named "Oodles Skywalk" vide allotment letter dated 25.09.20L4.

Consequently, a space buyer's agreement was executed between the parties on 07.10.2014.

II.

That as per the clause 38 of the agreement, the due date of possession has to be calculated as 36 months from the start of construction or execution ofagreement, whichever is earlier.

III. lier.

III.

That the respondent malafidely delayed the development ofthe project, without giving any updates to t ofthe status ofthe project. accepted thumb rule that the lo factor in Delhi NCR is around 0.25 of257o.

However, the responden has unlawfully quadrupled the loading, be accepted.

Since the unitwas sold on which under no circumstance, carpet area, the respondent sh loading factor and the actual uld be put to strict proof of the actual per area as per the permissions and sanctioned drawing from the co petent authority and the refund of the illegally charged area should be rightly given by the authority.

Page 6 of 20 n' AO HARERA Complaint No.

983 of2024 and 1 other GURUGRAIV VI.

That no letter offering possession was given to the complainant, only a demand letter was raised on 08.11.2023.

It was not intimated whether the occupation certificate was received by the respondent or not.

Various illegal demands were raised in the said letter dated 08.11.2023 including alleged interest of Rs.3,36,016/-.

As evident from the said demand letter itsell only one previous outstanding payment of Rs.8,398.96/- was remaining and no logistics or mathematics explain the levy of interest of Rs.3,36,016/- on this amount.

Moreover, multiple emails have been written by the complainant i the said demand, however, no super area amounts to 226.54 heed was payed by the respo (later changed to 228.04 s VII.

That in the absence of on certificate or letter offering possessio emand letter dated 08.11.2023 was demand for IFMS pertinent to note r, another illegal 24.

At this stage, it is and IFCRF have been interchangeably u t cannot charge both separately.

It was on the on 02.02.2024 the unit was illegally terminate VII].

That the complain ments, however, the complainant was shocked to the cancellation letter and frightened to safeguard the righ in the unit, the complainant rushed to 024 and made all the illegal payment the respondent's office on 14. ice on 14.0 as was demanded by the respondent, under duress.

That the respondent had made it amply clear that in case of no immediate payment being made, third-party rights will be created by the respondent and entire paid amount already forfeited, shall not be refunded.

That the complainant was made to write a hand-written letter for the restoration of the unit with false submissions.

Page 7 ofZO / IX. trHARERA ffieunuennrr,r That the complainant was terrified by the threats of the respondent and succumbed to the illegal demands of the respondent, made the payment of over and above the sale consideration.

That it was on the same day of the visit of the complainant to the respondent's office on 74.02.2024 that the cancellation letter was revoked and the possession certificate was given wherein the unit was handed over in a bare shell condition.

It was one-sidedly noted that the complainant is satisfied with the unit, with no consent of the complainant.

The possessio was executed under coercion wherein the builder has one- that no DPC can be claimed.

Xl.

That the respondent bei wer, engaging in one-sided conduct, malafide n the possession letter that the same shall raised.

That such terms and conditi ressly barred under Section 28 of the I That on the same inant was coerced to execute the maintena Buildcon Pvt.

Ltd. and issue a cheque bearing 0.03.2024 for Rs.68,412/- , drawn on Axis B Ltd.

It is absolutely unclear as to what rrespond to.

The said cheques were issued under and coercion and cannot be considered to be valid.

The cheques, if encashed, be treated as conditional payment, subject to the final decision of the authoriry.

XIII.

That there is no electricity meter or water connection inside the unit till date, despite the handover having been made and contrary to clause 42 of the agreement.

That in the absence of the essential services like electricity and water connection, the possession cannot be considered to be valid. be valid.

That the physical possession of the Shop has no meaning till the essential services are provided.

Page B of 20 Complaint No.

983 of 2024 and 7 other r' XII.

XIV.

That the conduct ofthe respondent has always been malafide and illegal and against the settled position of law, which should be rightly taken note of.

The complainant had no other option than to approach this authority to safeguard his rights. [t is also of relevance to state that although the booking was made by the complainant and his ex-wife, Devyani Godara, however, upon the divorce of Mr.

Shailender and Ms.

Devyani, the present unit was endorsed to the complainant.

Such endorsement has also been marked on the allotment letter.

C.

2. a] Direct the respondent to ssion charges and to execute conveyance deed of the plainant. bJ Direct the responde *HARERA #,eunuennnr Reliefsought by the complai The complainant has sought follo c) Direct the respond Ioading of 250lo ins d)Direct the respon revised super area amount paid by the e) Direct the responden all essential services.

0 Direct the respondent/its mai per revised area. gJ Direct the respon Complaint No.

983 of2024 and 1 other f(s); th the thumb rule of respondent. deration as per the refund the excess r connection along with i-es9 cy to charge maintenance as ther IFMS or IFCRF and refund the excess amount received.

0n the date of hearing, the authority explained to the respondent/promoter about the contraventions as alleged to have been committed in relation to section 11[4J(a) ofthe Act to plead guilty or not to plead guilty.

D.

Reply by respondent: 4.

The respondents vide its reply and written submission dated 24.09.2024 contested the complaint on the following grounds: i.

That the construction activity of the project got delayed due to ban on construction, non-availability of raw material, restriction on use of / Page 9 of 20 ffi HARERA s"eunuennl,r groundwater in construction activity due to orders passed by Hon'ble Supreme Court, Hon' ourt, Hon'ble Punjab & Haryana High Court, National Green Tribunal and other authorities, non-availability of raw materials, nationwide lockdown due to COVID-19 pandemic, shortage oflabourand brics, implementation of social schemes like NREGA and JNURM, demonetization, introduction of new regime, delay on part of government agencies in providing relevant permissions, licenses approvals and sanctions for project, non-payment of instalments by several allotees etc. ll.

That the complainant has to execution of space buyer agreement on 7.10.201.4 ent, which he has never objected to till date t at this belated stage approbate and rep y".

In this regard, it is respectfully su the complainant has already taken the has not resisted all iting frivolously in the present case.

In fact, .2024, on the same very day, when the possessio given, a discount/waiver of Complaint No.

983 of 2024 and 1 other on 1"4.02.2024 and relating to the unit not to claim any penalty/damages/interest of form or nature including the delay possession charges from the b , including GST.

Thus, at this belated stage, the complainant cannot a robate and reprobate.

Copies of all the relevant do ts have been filed and placed on the dispute.

Hence, the complaint can be record.

Their authenticity is not i decided on the basis ofthose undis by the parties. uted documents and submissions made :":lTffii"ffif: 5.

Page 10 of20 ffi HARERA &eunuennHl Complaint No.

983 of 2024 and 1 other E, 6.

Jurisdiction of the autllority: The authority observes that it has territorial as well as subject matter jurisdiction to adjudicate the present complaint for the reasons given below.

E.l Territorialiurisdiction As per notification no.

L/92/20U-1TCP dated L4.12.2017 issued by Town and Country Planning Department, the iurisdiction of Real Estate Regulatory Authority, Gurugram shall be entire Gurugram District for all purpose with offices situated in Gg. ted in Gg.1-ffihgH ln the present case, the proiect in question is situated within\filmfi'ing area of Gurugram district.

Therefore, this authority hasr-rffin&.ial jurisdiction to deal with the present complaint.

E. ll Subject matter jurisdiction Section 11(4J(a) of the Act, 2016 provides that the promoter shall be responsible to the allottee's as per agreement for sale.

Section 11[ )(a) is reproduced as hereunder: Section 11(4)(a) Be responsible for oll obligotions, responsibilities and functions under the provisions af this Act or the rules ond regulations mode thereunder or to the allottees os per the ogreement for sale, or to the associdtion of allottees, os the cose moy be, till the canveyance of oll the apartnents, plots or buildings, as the case moy be, to the ollottees, or the common oreos to the ossociotion of allottees or the competent outhoriry, os the case moy be; Section 34-Functions of the Authority: 344 of the Act provides to ensure compliance of the obligotions cast upan the promoters, the allottees ond the reo! est1te ogents under this Act ond the rules ond reg u I a tio n s made thereu ncler.

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

Findings on the obiections raised by the respondent: F.l Obiection regarding the proiect being delayed because of force majeure circumstances.

8.

9.

F.

PagelT of2o / tr HARERA s- eunuennvr Complaint No.

983 of 2024 and 1 other 10.

The respondent-promoter has raised the contention that the construction of the project was delayed due to force ma,eure circumstances such as orders/restrictions of the NGT as well as competent authorities, High Court and Supreme Court orders, shortage in supply of raw material, non- payment ofinstalment by different allottee ofthe project and major spread of Covid-19 across worldwide etc.

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

First ofall, the possession ofthe unit in question was to be offered by 07.10.2077 .

Hence, events alleged by the respondent do not have any impact on the g developed by it.

Further, the orders passed by NGT banning on in the NCR region was for a very short period of time and id to impact the respondent- builder leading to such rthermore, time taken in governmental clea reason for delay in ent do not have any project.

Moreover, impact on the proi ent and some of the events mentioned a ppening annually and the promoter is requi to consideration while launching the proiect.

Thus, ondent cannot be granted it is a well settled principle conveyance deed ofthe unit in favour ofthe complainant.

In the present complaint, the complainant intends to continue with the project and is seeking delay possession charges as provided under the proviso to section 18(11 of the Act.

Sec.

18(1) proviso reads as under. "Section 7B: - Return ofofiount and compensation 18(1). lf the promoter foils to complete or is unoble to give possession of on apartmcnt, plor, or buildtng- Findings on the reliefsought by the complainant.

G.l Direct the respondent to pay delay possession charges and to execute G.

11.

Provided that where on allottee does not intend to withdrow from the project, he shall be paid, by the prcmoter, interest for every month of PaEe 12 of 20 / ffi HARERA S"eunuennl,r Complaint No.

983 of 2024 and 7 othet rate of an allottee does not deloy, till the honding over of the possession, ot such rote as may be prescribed." 12.

Due date of possession: As per clause 38 of the buyer's agreement, the possession of the unit was to be offered within a stipulated time frame of 36 months from the date of signing of buyer's agreement or from the date of start of construction including a grace period of 3 months for force majeure events.

In the present case, the buyer's agreement was executed betvveen the parties on 07.10. on 07.10.2014 whereas the date ofstart ofconstruction is not available on record.

Therefore, the due date of possession is being calculated from the date of r's agreement.

Further, the grace period of 3 months is not the respondent in the present case as no substantial evid been placed on record by it to corroborate that any condition has occurred which may have ha the Accordingly, the due date of possession 0.20 Admissibility of d interest: Proviso to intend to withdraw fro paid, by the promoter, interest for every month of over ofpossession, at such rate as may be p ibed under Rule 15 of the rules.

Rule 15 has 72, section 18 and 13.

1 (1) For the purpose of. to section 12;section 18;and sub-sections (4) ond (7) of section 19, the "interest ot the rote prescribed" sholl be the State Bank oflndio ma rg inal cost of lend i ng ru te +2 0/6. : Provided that in cose the Stote Bankoflndio maryinal cost oflending rote (MCLR) is not in use, it sholl be reploced by such benchmo* lending rutes which the Stote Bonk of lndio may lix from time to time for lending to the generolpublic.

14.

The legislature in its wisdom in the subordinate legislation under the provision of Rule 15 of the rules, has determined the prescribed rate of interest.

The rate of interest so determined by the legislature, is reasonable r the Page 13 of 20 ffHARERA sarnuennvr Complaint No.

983 of 2024 and 1 other and if the said rule is followed to award the interest, it will ensure uniform practice in all the cases.

15.

Consequently, as per website ofthe State Bank of India i.e., https: //sbi.co.in, the marginal cost oflending rate (in shorg MCLR) as on dare i.e., 28.05.2025 is 9.100/0.

Accordingly, the prescribed rate of interest will be marginal cost 16. of lending rate +2o/o i.e.,l\.loo/o.

The definition of term 'interest' as provides that the rate of interest promoter, in case of default, promoter shallbe liable to pay to section is reproduced below: "[za) "interest" m ollottee, as the Explonotion. plonotion. - defined under section Z(zal of the Act chargeable from the allottee by the the rate of interest which the , in case ofdefault.

The relevant by the promoter or the the promoteL in case ofdefa the promoter shall be li (i0 sholl be from the date rt thereoftill the dote is refunded, and the sholl be from the dote the ollottee ter till the date it is paidi' 17.

Therefore, interest on the the complainant shall be respondent/promoter of delay possession charges.

18.

After considering the documents available on record as well as submissions made by the parties, the Authority is satisfied that the respondent is in contravention of the provisions of the Act.

By virtue of clause 38 of the agreement executed betlveen the parties on 07.1,0.2014, the possession of the subject unit was to be delivered by 07.10.2017.

The occupation/completion certificate was granted by the competent authority on 2 6.10.20 2 3 and thereafter, the possession of the subject unit was handed over to the complainant vide possession certificate dated 1-4.02.2024 Page 14 ofz0 1/ (i) the rote the amo interest HARERA Complaint No.

983 of 2024 and 1 other M" GURUGRAM respectively.

Copies of the same have been placed on record.

The authority is of the considered view that there is delay on the part of the respondent to offer physical possession ofthe sub)ect unit and it is failure on part ofthe promoter to fulfil its obligations and responsibilities as per the buyer,s agreement dated 07.10.2014 to hand over the possession within the stipulated period.

19.

Section 19[10) of the Act obligates the allottee to take possession of the subject unit within 2 months from the date of receipt of occupation certificate.

In the present complaint, was granted by the competenB.i.l document pertaining to offe further observed that possession of subject unit delay possession charges upation/completion certificate on 26.10.2023 whereas, the not available on record.

It is te dated t4.02.2024, mplainant. mplainant.

However, not been paid to the .o,npl"inrnt till d"t".[ f; 20.

The counsel for ttre\ft ts ted 1.7 .07 .2024 has submitted that in the p t has alreadv taken the possession of the unit con and has not resisted all e present case.

In fact, through letter date ery day, when the of Rs.6,36,824.1.2 /- was given to the complainant relating to the unit concerned, whereby the complainant clearly undertaken not to claim any penalty/damages/interest of any form or nature including the delay possession charges from the builder, including GST.

Thus, at this belated stage, the complainant cannot approbate and reprobate.

The complainant has submitted that the respondent being in a position of power, engaging in one-sided conduct, malafide noted in the waiver letter and the possession letter that the same shall be subject to no claim having been raised and such terms and Page 15 of 20 .l 4 ir 2 n ffi HARERA ffieunuenanr Complaint No.

983 of 2024 and 1 other conditions are absolutely illegal and expressly barred under Section 2B of the Indian Contracts Act, 1972.

After considering the above, the authority is ofview that at times, the allottee is asked to give the affidavit or sign waiver Ietter before taking possession of the unit.

The allottee has waited for long for his cherished dream unit and now when it is ready for taking possession, he has either to sign the pre-printed draft on which the allottee had no choice to refuse and take possession or to keep struggling with the promoter if said draft is not signed by him.

Such a draft of the possession certificate and discount/waiver a doubt that the said letter of doubts and suspicions.

No was not executed in an atmos reliance can be placed on nd the same is liable to be 27. discarded.

Further, the is to curb the menace created by the devel the interests of the allottees by protecti dominant position of the developer wh lottees. h lottees.

By virtue of proviso to Section 1 tory right of delay possession charges in 'discount/waiver Ietter' daled 14.02.2024 does complainant-allottee from execution of discount/waiver I abrogate the statutory rights of the complainant-allottee.

Accordingly, the non-compliance of the mandate contained in section 11(41(a) read with Section 18(1) of the Act on part of the respondent is established.

As such, the allottee shall be paid by the promoter, interest for every month ofdelay from due date ofpossession i.e.,07.10.2017 till expiry of 2 months from the date of offer of possession or actual handing over of possession, whichever is earlier, as per Section 18(1) of the Act of 2016 read with Rule 15 of the Rules. out of the amount so assessed, the amount PaBe 16 of20 | 4 our n( ffiHARERA #. eunue l,r Complaint No.

983 of 2024 and L other already credited vide letter dated L4.02.2024, shall be deducted from the payable amount.

22.

Further, the complainant is seeking relief w.r.t execution of conveyance deed ofthe unit in question in his favour.

The authority observes that as per Section 11[4) [f] and Section 17[1) ofthe Act of 2016, the promoter is under an obligation to get the conveyance deed executed in favour of the complainant.

Whereas, as per Section 19(111 ofthe Act ofZ016, the allottee is also obligated to participate towards registration ofthe conveyance deed of the unit in question.

The occupation/completion ce e project was obtained by the respondent on 26.10.2023 the unit was handed over to the complainant on 14. nce deed of the unit in question has not b complainant till date.

Therefore, the respo the conveyance deed ofthe allotted unit ex t in terms ofSection 17(1) ofthe Act of201 registration charges as applicable within this order.

G.ll a) Direct the respo of pillar. of pillar. b) Direct the respondent to calculate the super area with the thumb rule of loading of 25olo instead of L22o/o as illegally done by respondent and to revise t]le total sale consideration as per the revised super area after reducing the loading factor and refund the excess amount paid by the complainant. c) Direct the respondent/its maintenance agency to charge maintenance as per revised area 24.

The authority observes that the complainant during pendency of the complaint, has never pressed the above said reliefs and also there is no documents available on record to substantiate the claim ofthe complainant.

Moreover, the complainant has already taken possession ofthe unit and the Page 17 of 20 HARERA Complaint No.

983 of 2024 and 1 other GURUGRAl\/ said issue cannot be entertained at this belated stage.

Thus, in view of the above, the said reliefs sought by the complainant are declined.

G.llI Direct the respondent to give electricity and water connection along with all essential services.

25.

The authority observes that when a person purchases a unit, he presupposes provision of all basic services like drinking water, drainage, sewerage system, electricity supply, road, street light system etc. and providing of such services is necessary for making a unit habitable and ready for possession to the all rther, the occupation certificate dared 26.70.2023, granted to was subject to the compliance of several conditions includi n of water supply, drainage, disposal of sewerage, el light system etc. and any violation of the said co upation certificate null and void.

Moreover, obligated to provide amenities and servi in accordance with th Thus, in case, the prom connection along with all essen 016, the promoter is electricity and other oter and the allottee e agreement for sale. e electricity and water to the complainant, then the within a period of 60 days.

G.lV Direct the respondent to excess amount received.

26. eived.

26.

The complainant is seeking a( rither IFMS or IFCRF and refund the relief with respect to restraining the respondent from charging IFMS and IFCRF both.

The authority observes that the definition as well as justification for charging the amount under the head of'IFCRF'is not provided in the buyer's agreement executed between the parties and it is considered that rhe IFMS/IFCRF collected by the developer from the allottees of the project is charged in addition to the consideration of the unit For future contingencies of the project which is meant to be handed over to the association whenever a lawful association page 18 of20 4/ ection 19( H.

27. ffiHARERA #" alnuennti,r Complaint No.

983 of2024 and 1 other is created, and the project is handed over to them.

Accordingly, the respondent can charge amount on account of IFMS only and shall refund the amount collected if any, under the head of IFCRF from the complainant within a period of 30 days.

Directions of the Authority: Hence, the Authority hereby passes this order and issues the following directions under section 37 of the Act to ensure compliance of obligations cast upon the promoter as per the functions entrusted to the Authority under Section 34(0 of the Act of 201,6: i.

The respondent/promoter complainant on the pai p.a. for every mon 07.L0.2017,tilJ over of posses 18(11 of the Act accrued so far sh the date of this ord\S is further directed to to pay interest to the prescribed rate of lL.Ljo/o date of possession i.e., s or actual handing proviso to Section arrears of interest within 90 davs from Rules.

The respondent already credited vide letter dated 1.4.02.2024, from the payab ii.

The respondent is directed to supl l . updated statement of account after adjusting the delay possession charges within a period of 30 days to the complainant. mplainant.

The complainant is directed to pay outstanding dues, if any, after adiustment of delay possession charges within a period of 60 days from the date of receipt of updated statement of account.

The respondent is directed to get the conveyance deed of the allotted unit executed in favour of the complainant in terms of Section 17(1) of the Act of 2016 on payment of stamp duty and registration charges as applicable within three months from the date ofthis order.

Page 19 of20 lv. ffiHARERA S-eunuennt',r Complaint No.

983 of 2024 and 1 other v.

The respondent shall not charge anything from the complainant which is not the part ofthe buyer's agreement. vi.

The rate of interest chargeable from the allottee by the promoter, in case of default shall be charged at the prescribed rate i.e.,77.70o/oby the respondent/promoter which is the same rate of interest which the promoter shall be liable to pay the allottee, in case of default i.e., the delayed possession charges as per section 2(za) ofthe Act. vii.

The respondent is directed to provide provisions of electricity and water connection along wi within a period of 60 days, al services to the complainant provided. viii.

The respondent can ch nt of IFMS onlv and shall refund the amount of IFCRF from the complainant wi 28.

This decision shall m this order. tioned in para 3 of 29.

30.

Complaint stands dis File be consigned to the Haryana Real Estate R Dated: 28.05.2025 GUR GRAM lw Page 20 of20