MS AJAY DHINGRA AND SONS HUF vs VATIKA LIMITED
Party Details
- MS AJAY DHINGRA AND SONS HUF
- VATIKA LIMITED
Case Summary
MS AJAY DHINGRA AND SONS HUF filed Case No. RERA-GRG-1714-2022 in the Haryana Real Estate Regulatory Authority (RERA) against VATIKA LIMITED. The case has undergone 8 hearings over 1 year and 10 months. The case is currently pending. 16 orders have been issued in this matter.
Hearing History (8)
- 21MAY 2024Hearing
Judge: ARUN KUMAR VIJAY KUMAR GOYAL ASHOK SANGWAN
The counsel for the respondent states that matter has been amicably settled and a copy of settlement agreement dated 10.05.2024 duly signed by all the parties has been placed on record. None is present on behalf of the complainant. The matter is disposed off in terms of settlement agreement.
Stage: DISPOSED
- 28MAR 2024Hearing
Judge: VIJAY KUMAR GOYAL
Order could not be pronounced today as the matter was heard by the full bench headed by Hon’ble Chairman of the Authority and hence, to be pronounced by the full bench. It is observed that the complaint is filed in the name of Ajay Dhingra and sons HUF but no document has been placed on record which shall be filed within 15 days in the registry of the Authority. The counsel for the complainant states that the direction may be given only for execution of conveyance deed and payment of outstanding assured return as there is no specific clause in the agreement pertaining to handing over of actual physical possession. The counsel for the respondent is directed to place on record a copy of application made to the competent authority for obtaining OC within a period of 15 days. Matter be put up before the full bench on 21.05.2024 for pronouncement of order.
Stage: PENDING
- 4JAN 2024Hearing
Judge: ARUN KUMAR VIJAY KUMAR GOYAL SANJEEV KUMAR ARORA
The present complaint has been received on 18.04.2022 and the reply was received on 08.06.2023. Succinct facts of the case are as under: S.no. Particulars Details 1. Name of the project Vatika Inxt City Center at Sector 83, Gurugram, Haryana 2. Date of builder buyer agreement 15.07.2010 (page 19 of complaint) 3. Unit no. 1805A, 18th floor, tower A admeasuring 500 sq.ft. (page 22 of complaint) 4. New unit 510, 5th floor, block C (page 39 of complaint) 5. Subsequent allottee 31.10.2014 (page 40 of complaint) 6 Completion clause 2. The developer will complete the construction of the said complex within three (3) years from the date of execution of this agreement. Further, the allottee has paid full sale consideration of on signing of this agreement, the developer further undertakes to make payment of Rs. Refer Annexure-A per sq. ft. of super area per month by way of committed return for the period of construction, which the allottee duly accepts….(Emphasis supplied) 7. Provision regarding assured return Annexure A Addendum to the agreement dated 15.07.2010 The unit has been allotted to you with an assured monthly return of Rs. 65/- per sq.ft. However, during the course of construction till such time the building in which your unit is situated is ready for possession you will be paid an additional return of Rs. 6.50/- per sq.ft. Therefore, your return payable to you shall be as follows: This addendum forms an integral part of builder buyer Agreement dated 13.08.2010 A. Till Completion of the building: Rs. 71.50/- per sq.ft. B. After Completion of the building: Rs. 65/- per sq.ft. You would be paid an assured return w.e.f. 15.07.2010 on a monthly basis before the 15th of each calendar month. The obligation of the developer shall be to lease the premises of which your flat is part @Rs. 65/- per sq.ft. In the eventuality the achieved return being higher or lower than Rs. 65/- per sq.ft. 1. If the rental is less than Rs. 65/- per sq.ft. than you shall be returned @Rs. 120/- per sq.ft. for every Rs. 1/- by which achieved rental is less than Rs. 65/- per sq.ft. 2. If the achieved rental is higher than Rs. 65/- per sq.ft. than 50% of the increased rental shall accrue to you free of any additional sale consideration. However, you will be requested to pay additional sale consideration @Rs. 120/- per sq.ft. for every rupee of additional rental achieved in the case of balance 50% of increased rentals 8. Completion date 15.07.2013 (as per buyers agreement three years from the execution of the agreement) 9. Total sale consideration Rs. 27,50,000/- as per clause 1 of the agreement (page 22 of complaint) 10. Paid up amount Rs. 27,50,000/- as per clause 2 of the agreement (page 22 of complaint) 11 Assured return paid by the respondent Rs.34,48,000/- (till 01.10.2018 as alleged by the respondent page 28 of reply) 12 Offer of possession Not offered 13 Occupation certificate Not obtained The counsel for the respondent states that the complainant under para No.5 relief sought has demanded handing over of possession, delayed possession charges as well as assured return while as per BBA/MoU, the respondent is not to hand over the possession as the unit are to be leased out as a singular floor plate and lease rent is to be paid as per MoU. Further, the occupation certificate of the unit has been applied but not yet granted by the DTCP due to issues pertaining to DHBVN and conveyance deed can be executed only after receipt of occupation certificate. The counsel for the complainant states that complainant may be awarded the assured return as per MoU or DPC whichever is higher and lease rent is to be paid as per agreed terms of BBA/MoU after obtaining occupation certificate and leasing of the premises. The counsel for the complainant requests for filing written submissions alongwith receipt of notice on account of unjustified and undue maintenance charges which are totally unjustified, within 2 weeks after supplying a copy to the counsel of the respondent who may also file the response to the same in next one week. Arguments heard. Order reserved. Matter to come up on 28.03.2024 for pronouncement of order.
Stage: RESERVED
Orders (16)
- 21MAY 2024orderView Order ↗
Order No: N/A
- 21MAY 2024judgementView Order ↗
Order No: N/A
- 2APR 2024orderView Order ↗
Order No: N/A
Judgement DetailsView full order PDF ↗
HARYANA REAL ESTAIE REGUTAIORY AUTHORITY GURUGRAM ffiHI\RERA #- eunuennnl .RqIorI ry€rar fqFrqrrr srtrfirur' WTIq ffic-no-orucs oF THE DAY TuesdaY and 21'05 '2024 i*lr', t4lZ)ZZ Case titled as Aiay Dhingra Day and Date ComPlaint No' Ajay Dhingra ComPla,inant Represented through Vatika Limited ResPondent Shri Harsh Vashisht and Pankaj Chandola ResPondent RePresented Last date of hearing Narersh Kumari and HR Mehta New PWD Rest House' Civil Lines' Gur Proceeding Recorded bY - Proceedings-cum-order The counsel for the respondent states [hat matt.l lu, br:en amicably sett-]led and a copv or sefflem'nt,ue"'*#;'i'd i:f':::l*l''J;%:flif :i ;l: ::l;::"ll"i::T"#:::"::"'T;J.'o:""iln'"'"'" p'""n' on beharr or the complainant.
The niatter is disposealr,t i"ltrms of settlement agreement' v-t-/ viiay Ku-mar GoYal Member Arun Kumar Chairman 2t.05.2024 ffiro!$""tte.t,zoto