SANTOSH KUMARI vs SHREE VARDHMAN BUILDPROP PRIVATE LIMITED

The present complaint has been received on 12.04.2023 and the reply on behalf of respondent was received on 18.01.2024. Succinct facts of the case as per complaint and annexures are as under: S.N. Particulars Details 1.       Name of the project “Shree Vardhman Mantra”, Sector- 67, Gurugram 2.       Nature of project Affordable Housing Project 3.       RERA registered/not registered Registered Vide 50 of 2022 dated 13.06.2022 4.       DTPC License no. 69 of 2010 dated 11.09.2010 valid up-to 30.04.2027 (as per DTCP) Name of licensee Dharambir and 8 others Licensed area 11.262 acres 5.       Commencement of construction 03.07.2014 (as alleged by the respondent page 06 of reply) 6.       Unit no. 1008, tower-J, 10th floor (page 17 of complaint) 7.       Unit measuring   520 sq. ft. (carpet area) (page 17 of complaint) 8.       Date of execution of buyer’s agreement 16.11.2011 (page 14 of complaint) 9.       Possession clause 9(a) Possession The construction of the Flat is likely to be completed within a period of thirty six (36) months from the date of start of foundation of the particular Tower in which the Flat is located with a grace period of six (06) months, on receipt of sanction of building plans/revised building plans and approvals of all concerned authorities including the Fire Service Deptt., Civil Aviation Deptt., Traffic Deptt., Pollution Control Deptt., as may be required for commencing and carrying on construction subject to force majeure, restraints or restrictions from any courts/authorities, non-availability of building materials, disputes with contractors/work force etc., and circumstances beyond the control of the Company and subject to timely payments by the Flat Buyer(s). No claim by way of damages / compensation shall lie against the Company in case of delay in handing over possession on account of any of such reasons and the period of construction shall be deemed to be correspondingly extended. The date of submitting application to the concerned authorities for issue of completion/part completion/occupancy/ part occupancy certificate of the Complex shall be treated as the date of completion of the Flat for the purpose of this clause/agreement. 10.          Due date of possession   11.          Basic sale price Rs.15,20,000/- (as per SOA dated 20.03.2023 page 39 of complaint) 12.          Total amount paid by the complainant Rs.17,22,462/- (as per SOA dated 20.03.2023 page 39 of complaint) 13.          Offer of possession Not offered 14.          Occupation certificate Not obtained (as submitted by the respondent page 05 of reply)     The counsel for the respondent states at bar that OC in respect of Tower-J in which the unit of the complainant is situated has not yet been received  and the date of commencement of said tower is 03.07.2014.  The counsel for the respondent further states that zero period in respect of above project has been allowed and hence may be considered in respect of above case as well. However, the counsel for the complainant  states that the zero period in other cases was considered  due to the reason  on the part of concerned authorities to grant of OC due to on going CBI enquiry but otherwise the project was completed and OC was applied but the above block is not yet completed and OC is not yet granted.  The counsel for the respondent states that OC stands applied after completing the unit on 27.07.2017  (page 34 of the reply) but due to technical reason, the OC is not granted. Both the parties may submit brief written submissions within 2 weeks after supplying a copy to each other. Matter to come up on 18.07.2024 for final arguments/orders.

As per the previous order dated 09.11.2023 the respondent was directed to file within ten days in the Registry with an advance copy to the complainant subject to additional cost of Rs. 10000/- to be paid to the complainant and also subject to last opportunity. Further, in case the reply is not filed within the time allowed then the defence of the respondent shall be struck off. Despite the stipulated period respondent not file reply and also not paid cost. Ld. Counsel for respondent submitted that respondent may be allowed to file reply along with cost. Heard in the interest of justice respondent is allowed to file reply with the registry. Accordingly, reply filed in the registry and taken on record. Cost of Rs. 10,000/- paid on behalf of respondent through cheque No. 223812 dated 18.01.2024 Bank of India which is duly received by ld. Counsel for complainant. As the pleading is complete so the matter is listed before authority 18.04.2024 for final arguments.

The present complaint was filed on 12.04.2023. No written reply has been filed by the respondent till date. Previous cost paid by the proxy counsel for the respondent to the counsel for the complainant during proceedings The counsel for the respondent again seeks a short adjournment for filing of reply.  Respondent is directed to file the reply within 10 days in the registry with an advance copy to the complainant subject to additional cost of Rs.10,000/- to be paid to the complainant. Last opportunity is being granted. In case the reply is not filed within the time allowed, the defense of the respondent shall be struck off. Matter to come up on 18.01.2024 for further proceedings.

The present complaint was filed on 12.04.2023 and registered as complaint No. 1234 of 2023. As per the registry, complainant has sent copy of complaint along with annexures through speed post as well as through email and proof regarding having the delivery of the complaint along with annexures made to the respondent has been submitted by the complainant as available in the file.  The registry of the authority sent a notice with a copy of the complaint along with annexures through speed post.  Registry has also sent the notice along with a copy of the complaint through email at following email address: [email protected], and the same is shown to has been delivered on the above email address as per the report available in the file.  It is a proper service of the notice. Written reply has not been filed by the respondent so far. The counsel for the respondent requests for a short adjournment for filing of reply.  Respondent is directed to file reply within three  weeks in the registry with a copy to the complainant subject to payment of Rs.5,000/- as cost to be paid to the complainant.  Last opportunity is being granted. In case reply is not filed within the time allowed, the defense of the respondent may struck off The matter to come up on 09.11.2023  for further proceedings.