SANDEEP DHIMAN vs PAREENA INFRASTRUCTURES

Since the Hon’ble Chairman/Members of the Authority are busy to attend the 2nd Annual Conference AIFORERA to be held from 16.07.2024 to 19.07.2024 at Kodaikanal (Tamil Nadu) hence,  the matter is adjourned to 19.09.2024 for the purpose already fixed.

On last date of hearing, the counsel for the complainant stated that he wanted instructions from the complainant whether he wish to continue in the project instead of seeking refund and to file the amendment application accordingly within a period of 15 days. But till date no application for amendment of relief has been filed yet.  One more and last opportunity is being given to the complainant to file the requisite application if the complainant wishes to continue with the project. Matter to come up on 18.07.2024 for further proceedings.

On last date of hearing, the counsel for the complainant stated that he will  seek instructions from the complainant whether he wish to continue in the project instead of seeking refund and to file the amended application accordingly within a period of 15 days. But till date no application for amendment of relief has been filed yet. None is present on behalf of the complainant. One more last opportunity is being given to the complainant to file application for amendment of relief, if so desired, failing which the case shall be further proceeded on the basis of the relief claimed in the complaint. Matter to come up on 28.03.2024 for further proceedings.

The present complaint was filed on 27.06.2022 and registered as complaint No. 4656 of 2022 and reply is received on 19.10.2022. The succinct facts of the case are as follows: S. No. Particulars Details 1.       Name and location of the project “Laxmi Apartments”, Sector-99A, Gurugram 2.       Nature of the project Affordable Group Housing 3.       Project area 10.5875 acres 4.       DTCP license no.                    10 of 2013 dated 12.03.2013 valid up to 11.03.2024 5.       Name of licensee Monex Infrastructure Pvt. Ltd. 6.       RERA Registered or not registered Registered and GGM/419/151/2020/335 dated 16.10.2020 valid up to 11.03.2024 7.       Unit no.  and floor no. 707 and 7th floor andTower-3 (As per page no. 22 of the complaint) 8.       Unit area admeasuring 424.833sq.ft. (Carpet area) (As per page no. 22 of the complaint) 9.       Date of execution of apartment buyer’s agreement 18.01.2016 (As per page no. 21 of the complaint) 10.     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 the subject to the company having obtained the occupation/completion certificate from the competent authority(ies), the company shall endeavour to complete the construction and handover the possession of the said apartment within a period of 4 years from the date of grant of environmental clearance or within 4 years from the date of grant of sanction of building plans for 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. (As per page no. 33 of the complaint) 11.     Date of Environment Clearance 15.03.2016 (As per page no. 28 of the reply) 12.     Due date of possession 15.09.2020 (Note: Due date to be calculated 4 years from the date of environment clearance i.e., 15.03.2016.) (Grace period of 6 months allowed) 13.     Payment Plan Time linked payment plan (As per page no. 44 of the complaint) 14.     Total sale consideration Rs. 17,49,330/- (As per page no. 25 of the complaint) 15.     Amount paid by the complainant Rs. 15,65,651/- (As alleged by the complainant on page no. 55 of the complaint) 16.     Occupation Certificate/ completion certificate 09.07.2021 (As per page no.46 of the complaint) 17.     Offer of possession 16.07.2021 (As per page no. 225 of the reply) The complainants are seeking refund with interest. The counsel for the respondent states that similar matters have already been decided by the authority .  However, regarding levy of labour cess from the complainant, the copies of orders passed by the Hon’ble NCDRC and Hon’ble Supreme Court, are being placed on record wherein  levy of labour cess from the allottes have  been allowed and hence requests for similar relief in the above case alongwith six months grace period for Covid-2019. The occupation certificate of the unit  has already been  obtained  on 9.7.2021 and offer of  possession  has been made on 16.7.2021. The counsel for the complainant will seek instructions from the complainant, if he wish to continue in the project instead of seeking refund of the deposited amount, if so,  an application  for amendment of relief shall be filed in the registry after supplying a copy to the counsel for the respondent, within a period of 15 days. Matter to come up on  21.12.2023 for further proceedings.

The counsel for the complainant requests for a short adjournment and states that they are finding of possibilities of amicable settlement and the counsel for the  respondent also states that the matter may  get settled mutually, hence, also willing to seek a short adjournment.  Matter to come up on 19.10.2023 for further proceedings.

The proxy counsel for the complainant stated that he will seek confirmation from the complainant as to whether he wish to continue with the project on payment of DPC as OC of the project has already been received and possession handed over to a  number of allottees.  The counsel for the complainant is directed to file the confirmation within two weeks with an advance copy to the respondent. Matter to come up on 08.08.2023  for further proceedings.

File taken up today as 9.11.2022 was declared as public holiday by the Haryana Govt. vide notification No.28012006-1HRI dated 3rd November2022 in all offices of the Haryana Govt. in the jurisdiction of the areas namely Ambala Charkhi Dadri Gurugram Karnal Kurukshetra Rewari Rohtak Sirsa and Sonepat in connection with poll for Members of Zila Parishads and Panchayat Samities. In view of above facts the matter is adjourned to 9.2.2023 for the purpose already fixed.

Vide resolution No.461 dated 27.07.2022, the District Bar Association Gurugram has unanimously resolved that work will remain suspended in District Court Gurugram today as a mark of solidarity with Bar Associations of Panipat and Palwal against callous attitude of police against the advocates.                   In view of above, the matter is adjourned to 09.11.2022 for the purpose as already fixed.