BEG RAJ AND BALA DEVI vs AGRANTE REALTY LTD

Beg Raj R/o: B- Gurugr M/s Regd. o Near A Corpo Suncity CORAM Shri Vi APPEA Shri T 1.

ER& UGRAM rrd Bala Devi Haryana llo Hospital, New Office: Unit e Tower, Mr.

Beg The 31 read 201 inte res e ted inter-se them.

Kumar Goyal n Biswa [AdvocateJ A.

Pro and unit related details: Page 1 of 15 complainr No.3B57 of 202L THE HARYANA REAL ESTATE LATORY AUTHORITY, GURUGRAM Comp ntno. : 3857 ofZ0Zl LL.Lo.2021 L6.05.2024 Com int filed on: Order ronounced on: !i1, Sai Kunj, New Palam Vihar, Phase - Complainants te Developers Private Li Respondent :522,523,524 DLF Tt Member Complainant Respondent ORDER nt complaint has been filed by the r plainants/allottees under section [he Real Estate [Regulation ancl nt) Act, 2016 [in short, the Act) with rule 28 of the Hrry"n, Real Estate ( ulation and DeveloPment) Rules, 11[a)(a) of the Act wherein it is (in short, the Rules) for violation of secti alia prescribed that the promoter shall responsible for all obligations, sibilities, and functions under the isions of the Act or the rules and tions made there under or to the all as per the agreement for sale 2.

The paid de ERA culars of the project, the details of le consideration, the amount the complainant(s), date of proposed handing over of the possession, period, if any, have been detailed in th following tabular form : Complaint No.3B57 of 2021' , Sector- 108, Gurgaon (Phase- Name of the project group housing Nature of project vide registration no.

23 of 22.1,1.201,8 RERA registered/ registered Validity status Licensed area i1,.1,1.20 17 dated 30.11.2017 DTPC License Singh & others 29.1,1,.20 Name of lice :d by the respondent] Unit no.

Unit area admeasu by the respondent in the rePlY 2 whereas no document has hed for the same. same needs clarification) (As sta on pal been a Hence ded by either of the Parties.

Allotment dated by the resPondent in the rePlY 3 whereas no document has ed for the same.

Rs.

20,1 Total sale consideration Page 2 of 15 W-.GUt?UGtlAM S.

N.

Particulars Details 1.

Details 1. "Kavyam 1) 2.

3.

5 acres 4.

Validity status Licensed area 5.

6.

NA 7.

Application dated 8.

9. ffi ffi {qfu q{i B.F 3.

G TEB& UGRAM complaint No.

3857 of 2021 10.

Amount paid bY the complainant Rs.99,65 [as per p1 t- 3B of complaintl 1,t.

Possession clause NA t2 Possession clause as Per Affordable Housing Policy, 2013 1(iv) AII such 1 necessari from the plans a clearanc shall be commen( purpose t rojects shall be required to be 'y completed within 4 Years date of apProval of building r grant of environmental e, whichever is later.

This date referred to as the "dlte of ement of Proiect" for the f the policy. roject detailsl 13 Building plan aPProved on 06.07.20 [As per p t4 gnri-n*ent clearance 20.08.2C [pg.

18 c 1,9 f replyl 15 Due date of Possession 2A.08.2( Icalculal environ: as the se 23 ed as 4 Years from date of nental clearance i.e., 20.08.2019 me is later] L Occupation certificate Not obt: ined 20 and 26.07.2021.. , 40 of the comPlaint) ti Offer of possession Not offe 1 I Surrender bY the complainant due to covid the complainant could not gather the funds.

29.09.2 fPage 3 Th a. of the comPlaint complainant has made the following st That the complainants were on the loo 2Ot8; for the Purpose, the comPlain about properties and here they came l rbmissions in the comPlaint: - <out to purchase a flat in the Yea rnts researched on the interne now about the ResPondent's Page 3 of 1 ffiHl ffi-GU GtlAM ERA roject named 'Kavyam Affordable Ho warka ExpresswaY, HarYana, Tehsil & ferred to as the "Project") and bei mplainants researched about the ntacted by an executive of the respon I'flat in the Project. hat the complainants booked a flat be e 3 flat situated in'TD'tow€t,with a bove-mentioned project o.f rrthe mplainant Paid an amount of Rs 99 rawn on Canara Bank.

The total g,93,065/- which included the basic b. e basic b. charges, parking charges and tlther cha T'hat the complainants were under a prandemic lockdown because rcf which necessary funds for the payment of the trandwritten letter dated 29'09'2020 unit to the resPondent. llhat no response to the previrous lrn?il I legal notice vide registered post, dated fhe cancellation of the unit and nefun d. e. reply was ever received bY the comp non-compliance of statutory obligatio is a violation of the Real Estate Regula That it is imperative to mention that e-mail date 03.09.2021 for which Page 4 of 1$ Complaint No.

3857 of 2021, sing', situated in Sector 108, District Gurugram (hereinafter g interested in the same the bove name Project and was ent's company for the booking ring no.

510 which was a 2BHK uper area of 568.03 sq. ft., in the ndent.

On t5.02.2019, the 653/- vide cheque no.

001639 le consideration was for Rs' le price, Preferential location s exclusive of service tax.

Iot of stress due to COVID-19 :hey were not able to gather the same unit due to which he sent a r the cancellation of the same nd letter, the comPlainant sent a 6.07.2021 to the resPondent for of the booking amount but no inant.

This undoubted shows the on the part of ResPondent which ion and DeveloPment Act, 2016' e comPlainant Yet again sent an he never received any rePlY w ffi fls{s ilqi C.

Re 4.

Th a.

5.

D.

ERA GIlAM atsoever.

The respondent has not fu filled its committed liability as rr date. at the flat was booked as per the con tions laid down in the BBA and is the right of the allottee to cancel t ishes to.

According to Clause 22 of th booking of the said unit if he cancel his booking and the respond BBA, the allottee has the right nt is liable to refund back the king amount. sought by the complainant: - mplainant has sought follo,Wing reli rect the respondent to refund mplainants to it along with the pre m the date of payment madb by the b. by the b.

Direct the respondent to compensate interest @ 120/o per annum on th 99,653 /- from the time it was paid till date. c.

Grant any other relief in favour of th AiLjudicating Officer may deem fit circumstances of the case.

0n the date of hearing, the authority explain about the contraventions as alleged to have e paid-up amount by the ribed rate of interest payable mplainant to the respondent. he complainant by paying an amount already paid i.e., Rs.

Complainants nd proper in as the Hon'ble the fact and to seltion 11(41 [a) of the act to plead guil to the respondent / promoter een conlmitted in relation to or not to plead guilfy. i.

That the complainant has malafidely fil objective to arm twist the respondent a M' on the following grounds: the present complaint with the to treat the complainant above Complaint No.3857 of 20Zl Page 5 of 15 Repljr by the respondent. ffi ffi {qq{ mi GU ERA neglecting the applicable rules a mplainant has concealed vital materi ding this Hon'ble Authority. t an Affordable Housing Project i.e., " radhan Mantri Awas Yojna is being ithout any delay at Sector 108, Village e respondent has no hesitation to sta I duly registered with HonlbXie-Reat E IjRA Registration No RC/REP/HARE nstantly regulated as per its applicabl is relevant to apprises this Hon'ble uilt under the guidelines of hffordabl te issued by Director Towtt and Co aryana) and thus the responclent as lnat the complainant had applied in th ide application for allotment dated 0 i ii. iv.

3 for booking of aZ BHK, tYPe 3 Pro l: INR 20,1.2,996/-.That the comPlai e booking amount.

Accordingly, the c raw of lots held for the units in th mplainant was allotted the unit beari t is not out of place to mention that th he affordable housing policy to deliver e strict timelines.

It is pertinent to ing constructed as per the Planned iver the project within the stipula Page 6 of 15 complaint No, 3857 0f 2021. policy.

1. policy.

It is submitted that the I facts and circumstance for mis WYAM" ("Project") under the nstructed with full vigour and harampur, Gurugram, Haryana. on record that the said project tate Authority Haryana having /GGM/201.8/23 and is being rules and compliances.

Further, uthority that the project being Housing Policy as amended till ntry Planning (Government of ll the allottee are bound by it. said project of the respondent .02.2019 having application no. erty for a total sale consideration t paid a sum of INR 99,6531-as mplainant was successful in the project on 24.06.2019 and the g no.

510 in tower TD. respondent is mandated under e possession of the units within ention here that the Project is melines and the respondent will period.

It is further submitted ERA UGl?AM at the complainant herein is a defaul r who seems to be a speculative mind from investing further in ry of being financially impacted 'vestor who subsequently changed hi e project and has cooked up a false s y' COVID-19 lockdown.

The complaina t had admittedly requested the pondent for surrender of his unit on 9.09.2020 on which date a hand itten letter for surrender was subm ed with the respondent along th all documents required in conso nce with the policy guidelines. e complainant along with the to mention that the said letter ,an one year from the date of mmencement of the project that is gust, 2019.

It is stated that the te to be reckoned as the commencem t date of the project is the date as per the affordable housing olicy. es the percentage of statutorY eductions leviable on the booking amo nt before refund is processed as lines as amended till date.

It is 'ays been ready and willing to und the money of the comPlainant. f'environmental .l.atrr.. of the proj e time of surrender of flats determ r the Affordable Housing policy guid bmitted that the respondent has al lherefore, in addition to deduction of I R 25,250 /- as per the affordable vi. rdable vi. using policy in case of surren der f ca llation/termination an amount uivalent to 3o/o of the total cost of the t falling under the column (cc) the surrender was made after I of more than one year, shall be complainant.

It is submitted that educted from the amounts paid by the he amount comPuted after statutory uctions is INR 1,4,0131- which Complaint No.

3857 of 2021 e respondent is readY to PaY to the plainant.

Page 7 of 15 ERA UG11AM hat that from the conduct of the co king for speculative real estate in is further specifically denied that :ecuted on 05.02.19 as stated in the co ot builder buyer agreement but only a roject was applied by the comPlai lotment and subsequent PaYment of uilder buyer agreement would have for the complainant hasconfus builder buyer agreement. at the complainant was successful in the respondent on24.06.2019 and wer was allotted to the comPlain emand from the respondent lco pay th lllotment however, the complainant bsequently surrendered the.unit. t is denied that the complainant was u andemic lockdoWn as theY have not whether financial or medical wi erely made a ,bald statement Th anged his mind from further in rb of COVID-19 tried to oPt out of Flon'ble Authority with a cooked up a n admitted fact that the respondent h along with surrender documents as p prertinent to mention that the respon Page 8 of 15 Complaint No.3B57 of 2021, plainant it seems that he was ent yielding profitable returns. builder buyer agreement was plaint.

It is submitted that it was application for allotment in the nt and only after successful 10o/o of the cost of the unit the n executed.

It seems that the the application for allotment to draw of lots for the units held :cordingly the unit no.

510 in TD t.

The complainant was under next instalment after successful a defaulter himself who had der a lot of stress from COVID-19 pleaded any specific grounds of supporting documents and have it seems that the comPlainant ng in this project and under the e pr r the e project and is now before this d concocted storY.

However, it is received the hand-written letter r policy only on 29.09.2019.

It is ent had time and again aPPrised ERA IiIUGl?AM e complainant about the statutory d he booking amount Paid him and afte alance shall be handed over to the co pplicable policy guidelines being in hi e balance amount and filed a fals uthoritY to make an ill attemPt to uctions.

I'hat the comPlainant has right to respondent is liable to refund,the amo of the application however only after 7. ,pies of all the releVant documents cord.

Their authenticity is not in disp decided based on these undisputed docr thr: parties as well as the written submis f urisdiction of the authoritY 'ttre authority observes that it has tert jurisdiction to adjudicate the present below.

E.

I Territorial iurisdiction As per notification no' t 19212(117-1TCP and Country Planning DePartment' Regulatory Authority, Gurugram shall I purpose with offices situated in Gutrugr in question is situated within the ple 'l'herefore, this authority has complete the Present comPlaint' E.

B.

9.

Complaint No.

3857 of Z0?1 uctions that will be Ieviable on such deduction a cheque for the plainant.

However, desPite the knowledge he denied receiving complaint before this Hon'ble ss the PolicY guidelines and the booking of said unit and the nt paid to him as Per the clause 2 ssary statutorY deductions' e been filed and Placed on the te.

Hence, the comPlaint can be ments and submission made bY ion of the comPlainant' itorial as well as subject matter the reasons given mplaint for dated 1+.12.2017 issued bY Town the jurisdiction of Real Estate entire Gurugram District for all m.

In the Present case, the Prolect nning area of Gurugram District' territorial jurisdiction to deal with Page 9 of [5 10.

1,1,.

So, CO obl d 12.

Fu gra an Un ERA GI?AM Subi ect matter i urisdiction on L1(a)[a) of the Act, 20[6 prov es that the promoter shall be nsible to the allottee as per agree nt for sale. for sale.

Section 11(a)(a) is uced as hereunder: Section 77 'i6 rn, promoter shall- (a) be responsible for all obligations, under the provisions of this Act or the sponsibilities and functions and regulations mode reement for sole, or to the till the conveyonce of all the ay be, to the allottees, or the or the competent authority, Section S4-Functions of the Authority: 3a(fl of the Act proytides to eniure:'comp upon the promotqis, the allottees and the Act and the rules and regulations made th, her, the authority has no hitcl: in pro t a relief of refund in the present nce of the obligations cast estate ogents under this in view of the provisions of the Act uoted above, the authority has nt regarding non-compliance of plete jurisdiction to decide the comp p;ations by the promoter leaving asid compensation which is to be irled by the adjudicating officer if pursu by the complainants at a later ing with the complaint and to tter in view of the judgement by the Hon'ble Apex Court in Promoters and Developers Limited Vs State of U.P. and Ors.

2027-2022(1) RCR (Civil), 357 reiterated in case of M/s Sana Real Private Limited & other Vs 13005 of 2020 decided on of India & others SLP (Civil) '022 andwherein it has been laid d wn as under: "86.

From the scheme of the Act of which a detailed reference has been made and taking note of power of adjudicati' delineated with the regulatory culls out is that although the Complaint No, 3857 of 2021 7 authority and adjudicating officer, what fi Page 10 of 15 w ffi..

13.

H F.

F.

I ERA UGRAM Act indicates the distinct expressions li, 'compensotion', a conioint reoding of Secti' when it comes to refund of the omount, Q directing payment of interest for delayed interest thereon, it is the regulatory autho and determine the outcome of a complaint' a question of seeking the relief of adiudging under Sections 72, L4, 18 and 19, the adj power to determine, keeping in view the ct with Section 72 of the Act. f the Act. if the adiudicati other than compensation as env'isaged, if as prayed that, in our view, may intend to powers and functions of the,adJudicating would be against the mondate of the Act 2 nrce, in view of the authoritative pr reme Court in the case; mentioned Su ju in isdiction to entertain a complaint see jings on the relief'sought by the com irect the resPondent to refund mplainants to it along with the P the date of PaYable from the inant to the resPondent.

1,4.

T o complainant was allotted a uni er/block- TD, in the project "'Kavya ndent/builder for a total consider er Affordable Group Housing Policy 20 uted between the Parties.

The Po with 4 years from aPProval of bu 'vironment clearance [20.08.20 19) wh ssion was calculated from date earance i.e., 20.08.20\9, as per policy, sum of Rs.99,653/- out of the total sal Complaint No.

3857 of 2021 'refund','interest','penaltY' and 18 and 19 clearly manifests that interest on the refund Qmount, or 'ivery of possession, or PenaltY and which hos the power to examine the same time, when it comes to nsation and interest thereon icating officer exclusively has the ve reading of Section 71" read under Sections 1.2, 1.4, 18 and 1-9 tended to the adiudicating officer expand the ambit and scoPe of the officer under Section 7L and that 1.6." nouncement of the Hon'ble ove, the authoritY has the ng refund of the amount and lainants. paid-up amount bY the bed rate of interest PaYable te of payment made bY the no.

510 on 1Oth floor, in Affordable Housing" bY the tion of Rs.20,12,9661- under 3.

No buyer's agreement was sion of the unit was to be Iding plans or from the date of ever is later.

The due date of of approval of environment f 2013.

The comPlainant Paid Further, the comPlainant has Page 11 of 1 t7 pl is 15.

A a ERA UGllAM 5 tiiixh) of the Affo State Governrnent : 1f:: r;,i:,L1;.1,; ;.r'1.

I Complaint No.

3857 of Z0Zl ousing policY a letter dated 20.09.2020 on Page o. on Page o.

39 of the comPlaint which erproduced as under for a ready refe "Sir, / have decided to cancel the above all t due to domestic ond finoncial issues and cancellation request of allotted un Gurugram, Haryana. t no.

TD'51.0 at KavYam, sector 1'08, ln"this regard it is once again requested tha my ollotment of the above said unit may be cancelled and the booking amount Rs,99,653/- maY be refunded in mY bonk account." per the clause ble Housing Policy,2013 as ded by the n 05.07.2019, the relevant vision is reproduced as underii l Clause 5(iii) (h) of thd affordable "A waiting list for a maximum of 250/o the total available number of flats available for allotmeht, may olgs'b'e prepo during the drow of lots who can be offered the allotmertt in case some of successful allottees ore not able to within the Prescribed Period of 15 remove the defic;iencies in their applicati' days. [0n surrender'of flat bY anY I allottee, the omount thot con be forfeited by the colonizer in addition following: - Rs.

25,000/- shall not exceed the of the cost of 3o/o of the cost flat Such flats maY be considered bY the mittee for offer to those appliconts falling in the waiting list.

However' non- I ofdeficiencies bY anY successful of flot, and no such deduction of applicant shall not be considered as su Rs 25,000 shall be appticable on such ct . lf any wait listed candidate does not Lo/o fht of Amount to be forfeited Particulars In case of surrentier of fla before commencement o project Upto 1 Year from the date o commencement of the Proje Upto 2 Year from the date commencement of the Proje 5o/o of the cost of flat After 2 Years from the date commencement of the P Page LZ of 15 Sr.

No.

NiI (aa) (bb) (cc) (dd) RERE 1,6.

Sin CO am Ho to cl, CI ing Policy,2013 as amended bY the S date of commencement of project has ean the date of approval o-firbuilding rance, whichever is later' In the ins ironment clearance i'e., 20.08. e., 20.08.20L9 is be considered as date of commencement Ac0ordi lordinglY, the resPondent is entitled undler rule 15 of the rules.

Rule 15 has b Rule 75.

Prescribed rate of interest- sub-section (4) and subsection (7) of For the purpose ofproviso to section L2; secti of section 79, the "interest at the rate prescrt iighest marginal cost of lending rate +20/o': 17.

1B. dition to Rs.25,000//- as mal the State Government on i within 2 years from the date nants are seeking refutrd al :re amount alreadY Paid bY th lm the project and is seeking . the subject unit with intere mqney in adc anrlended by sufrender is I The complair interest on th wi[hdraw fro in respect of UGtlAM want to continue in the waiting list, he may :shall refund the booking amountwithin 30 The waiting list shall be maintained for a booking amount shall be refunded back to the interest.

All non-successful applicants shal amountwithin 15 days of holding the draw o. the surrender of the unit bY th mencement of construction, hence the unt in accordance with as Per the cl Complaint No.

3857 of 2021' withdrawal and the licencee without imposing anY PenaltY. 'iod of 2 yeors, after which the itlisted applicants, without anY be refunded back the booking lots". complainant was done after respondent is entitled to forfeit use 5 [iii)[h) of the Affordable te Government on 05'072019. been defined under clause 1(iv) plan or grant of environmental nt case, the date of grant of ater and hence, the same would project, forfeit 3o/o of the consideration dated by the PolicY of 2013 as 5.07.2019 and the request for ,f commencement of project. ount at the Prescribed rate of m.

However, allottees intends to fund of the amount Paid bY him at prescribed rate as Provided n reproduced as under: to section 12, section 78 and 1el 1"8; and sub'sections ft) and (7) " shall be the State Bank of lndia Page 13 of 15 w ffi nq{s wd 19.

Co t9 22.

Co t9 22. und {v' ERA GU M that in case the State Bank of India llLR) is not in use, it shall be replaced by such State Bank of India may fix from time to time equently, as per website of the State B arginal cost of lending rate (in short, o/0.

Accordingly, the prescribed rate ing rate +2o/o i.e., 10.85%. respondent/promoter is directed to ction of 3o/o of the consideration mon use 5tiiilth) of the of endidlble r"rou 1[ate Government on 05.07:20I-9, alo m on such balance amount from th the isB ofl 20.

The ded per the ann allo F.

II.

21,.

The Hon and 674 ent till the actual realization of the a mpensation & litigation expenses. mplainant in the aforesaid head is s le Supreme Court of India, in case ti Pvt.

Ltd.

V/s State of UP 'of 2021, decided on 1 1,.1,1.2021), has im compensation under sections 12, clecided by the adjudicating officer as of co pensation shall be adjudged by the rega to the factors mentioned in section 7 ns of the Authority: Hen , the authority hereby passes this o ons under section 37 of the Act to ens upon the promoter as per the functi section 34(0 of the Act: Complaint No.

3857 of 2021. rginal cost of lending rate hmark lending rates which lending to the general public of India i.e., https://sbi.co.in, CLRJ as on date i.e., 16.05.2024 f interest will be marginal cost fund the paid-up amount after in addition to Rs.25,000/- as ing Policy 201.3 as amended by g with interest @10.85% per date surrender/withdraw of ount. ng relief w.r.t compensation. as M/s Newtech Promoters Ors. fCivil appeal nos.

6745- ld that an allottee is entitled , 18 and section L9 which is r section 7l andthe quantum judicating officer having due er and issue the following re compliance of obligations ns entrusted to the authority Page 14 of 15 l 23.

24.

The File Et?A e respondent is directed to refund mplainant(s) after making statuto nsideration money in addition to Rs.2 balance amount from the date of s lization of the amount within the tim arryana Rules 201,7 [ibid). ,7 [ibid). period of 90 days is given to the rections given in this order and fail uld follow. complaint stand di Lre consigned to 16.05.2024 : Complaint No.

3857 of 2021 the paid-up amount by the deductions of 3o/o of the ,000/- along with interest on rrender till the date of actual ines provided in rule L6 of the pondent to comply with the legal consequences which V,l- *-> (Viiay l(lrrfia r Goyal ) Member Haryana Real Estate Regulatory Authori[y, Gurugram Page 15 of 15