LEENNA VERMA vs BPTP LTD.

Matter to come up on 27.05.2025 for pronouncement of order.

Order reserved. Matter to come up on 15.04.2025 for pronouncement of order.

The present complaint has been received on 27.05.2024 and the reply on behalf of respondent no. 1 was received on 04.10.2024 and reply on behalf of respondent no. 2 was received on 22.08.2024. The unit was booked after OC was obtained. The respondent no. 2 in its reply contented that no loan agreement was signed between the parties. The counsel for the respondent states that as per tripartite agreement,  the first right of refund is to the HDFC Bank and is carrying a cheque of Rs.96,14,795/- for refund of the entire amount after deductions as the unit has already been terminated on 26.12.2023. The proxy counsel for the complainant seeks a short adjournment as the arguing counsel is not available today due to some family exigency with the arguing counsel.  Request is allowed. The proxy counsel also clarifies that  the termination is not valid and needs to be set aside by the authority as directions for maintaining status quo w.r.t unit of the complainant has already been issued vide order dated 18.06.2024 and the complainant allottee is not willing to accept the refund and wishes to continue with the project. Matter be put up before the full bench on 04.03.2025 for further proceedings.

Due to administrative reason, the matter is adjourned to 09.01.2025 for the purpose as already fixed.

Despite calls none appeared on behalf of respondent no. 1. Reply filed by respondent no. 2 in the registry on 22.08.2024 taken on the record. Copy of complainant tagged with file. Respondent is directed to file the reply within three weeks of this order, in case reply not filed within three weeks of this order then reply be filed with cost of Rs. 5,000/- to be paid to the complainant. Now the case is adjourned for 09.01.2025. Interim order shall continue.

The  present complaint and application u/s 36 on behalf of the complainant was received on 27.05.2024. The counsel for the complainant has filed an application under section 36 of the Act stating that respondent no.1 has terminated the unit on account of non-payment. The complainant apprehends that the respondents may create 3rd party rights against the unit in question. Therefore, the complainant is seeking interim injunction against the respondents that during pendency of the complaint, the respondent may be restrained from creating any third-party rights with respect to the property in question. The respondent has filed a reply to the application of the complainant dated 24.06.2024 wherein it is stated that the due date of offer of possession was 17.08.2023. However, occupation certificate has been obtained from the competent authority on 24.08.2022 and unit was offered to the complainant on 16.08.2023. Various reminders dated 18.08.2023, 19.09.2023 and 19.10.2023 were being sent to the complainant to clear the outstanding dues. On failure to remit the same, the unit of the complainant was validly terminated on 26.12.2023. Therefore, post termination of the unit, no  right or lien of the complainant exists in the said unit and builder buyer agreement also comes to an end. Succinct facts of the case as per complaint and annexures are as under: S. No. Particulars Details 1.       Name and location of the project “Terra”, Sector 36, Sec- 37 D, Gurugram 2.       Nature of the project Group Housing Complex 3.       RERA registration 299 of 2017 dated 13.10.2017 4.       Allotment Letter 24.05.2023 (As per page 18 of complaint) 5.       Unit no. T21- 1904 6.       Tripartite Agreement 10.08.2023 (As per page no 39 of the complaint) 7.       Agreement for sale 11.08.2023 (As per page no 48 of the complaint 8.       Possession Clause 11. Possession of the Apartment   11.1 “ON OFFER OF POSSESSION WITHIIN     120 DAYS FROM BOOKING” (As per page no 56 of the complaint 9.       Due date of possession 24.09.2023 (As per possession clause of BBA) 10.          Total Consideration Rs. 1,65,65,775/- (As per page no 26 of the complaint)   11.          Amount paid by the complainant Rs. 1,14,81,880/- (As per page no 96 of the complaint)   Note; Rs. 50,00,000/- remaining due to non-disbursement by the bank 12.          Cancellation Letter 26.12.2023 (As per page no 94 of the complaint) The complainant has sought following relief(s): 1.   Direct respondent no. 1 to revoke the cancellation letter dated 26.12.2023 and issue re-allotment letter in favor of the complainant. 2.   Direct the Respondent No. 1 to handover physical possession of the unit. 3.   Direct the Respondent No. 2 not to charge any addition al demand in contrary to the terms of Agreement for sale. 4.   Direct the respondent no.2 to disburse the loan amount as per terms of Tripartite Agreement. Interim Relief: Restrain the respondent from creating third party rights, title or interests or create any other charge, encumbrance or lien whatsoever till disposal of present complaint. On the last date of hearing,   i.e. 18.06.2024,  the authority has already granted status quo w.r.t the unit of the complainant till the next date of hearing.  The counsel for the complainant states that the default in making the payment of the balance amount was on part of the Bank and he shall produce the documentation to the effect that the Bank was unable to disburse the amount on account of non cooperation by the respondent No.1. Matter to come up on 12.09.2024 the date already fixed in this case for further proceedings.  Interim order shall continue.

The present complaint was received on 27.05.2024. The counsel for the complainant has filed an application under section 36 of the Act stating that respondent no.1 has terminated the unit on account of non-payment. The complainant apprehends that the respondents may create 3rd party rights against the unit in question. Therefore, the complainant is seeking interim injunction against the respondents that during pendency of the complaint, the respondent may be restrained from creating any third-party rights with respect to the property in question. File taken up today on the application u/s 36 of the Act 2016 filed by the complainant seeking interim relief. Shri Harshit Batra Advocate has appeared on behalf of the respondent and filed memo of appearance today and states that they had received the intimation regarding today’s  fixation of the matter.  However,  due to summer vacation,  they are seeking one week time to file the reply to the aforesaid application.  Request is allowed. The respondent is directed to file reply to the aforesaid application  within 3 days with an advance copy to the complainant.  Status quo with respect to the unit of the complainant be maintained till next date of hearing. Matter to come up on 25.06.2024 for further proceedings.