YUVRAJ ARORA AND VIVEK ARORA vs RAMPRASTHA ESTATES PVT LTD

*HARERA #- eunuenal,t BEFORE THE HARYANA REAL ESTATE REGULA GURUGRAM Complain No.

5973 of 2023 & others NAME OF THE BUILDER PROJECT NAME M/S RAMPRASTHA ESTAT M/s MMPRASTHA DEVELO M/s RAMPRASTHA PROMOTERS & LTD.

RAMPMSTHA C cR/s973/2023 Yuvrai Arora and Vivek Arord V/S N4/S Ramprastha Estates Pvt.

Ltd. and others cR/s97s/2023 cR/5976/2023 cR/s977 /2023 Yuvrai Arora dnd Vivek Arora V/S M/S Ramprastha Estates Pvt.

Ltd. and others YuvraiArora dnd Vivek Arord V/S M/S Ramprastha Estates Pvt.

Ltd. and others Yuvral Arora and Vivek Aro-a V/S M/S Ramprastha Estates PvL Ltd. and olhers cR/5978/2023 Yuvraj Arord and Vivek Arora V/S M/S Ramprastha Estates Pvt.

Ltd. and others cR/5979/2023 cR/5980/2023 cR/5947/2023 cntsss2/20:.3 Yuvral'Arora and Vivek Arora V/S M/S Ramprastha Estates PvL Ltd. and others Yuvraj Arora and Vivek Arora V/S M/S Ramprastha Estates Pvt.

Ltd. and others Yuvraj Arora and Vivek Arora V/S M/S Ramprastha Estates pvt.

Ltd. and others YuvrajArora and Vivek Arora V/S M/S Ramprastha Estates Pvt.

Ltd. and others RY AUTHORITY, Date of d 26.07.2024 PVT, LTD.

PVT.

Ltd.

EVELOPERS PVT.

Appearance Ms.

Surbhi Carg Sh.

Divyansh Ms.

Surbhi Garg Sh.

Surbhicarg Sh.

Dilyansh Ms.

Dilyansh l Page 1 of 28 Case No.

Case title 2 3 4 5 6 7 B 9 * HARERA #"eunuennl,r Complair No.

5973 of 2023 & others 10 cR/s983/2023 YuvrajArora and Vivek Arora V/S M/S Ramprastha Estates Pvt.

Ltd. and others Ms.

Divyansh 11 cR/5984/2023 Yuyraj Arora and Vivek Arora V/S M/S Ramprastha Estates Pvt.

Divyansh 72 cR/5986/2023 YuvrajArora and Vivek Arora V/S M/S Ramprastha Estates pvt.

Ltd. and others 13 cR/s987 /2023 Yuvrai Arora and Vivek Arora V/S M/S Ramprastha Estates pvt.

Surbhi Garg Sh. i Garg Sh.

Divyansh 1_4 cR/s988/2023 Yuvrdi Arord and Vivek Arord V/S M/S Ramprastha Estates Pvt.

Divyansh 15 cR/ 5989 /2023 Yuvrai Arora dnd Vivek Arord V/S \4/S Ramprastha Estates Pvt.

Divyansh 76 cR/ s990 / ZO23 Yuvrat Arord and Vivek Arord V/5 M/S Ramprastha Estates PvL Ltd. and others 77 cR/s997/2023 Yuvraj Arora dnd Vivek Arora V/S M/S Ramprastha Estates Pvt.

Divyansh 1B cR/s993/2023 YuvraiArora and Vivek Arora V/S M/S Ramprastha Estates PvL Ltd. and others Ms.

Divyansh t9 cR/5994/2023 Yuvraj Arora and Vivek Arora V/S M/S Ramprastha Estates Pvt.

Surbhi Garg l Sh.

Diwansh 20 cR/s995/2023 Yuvraj Arora and Vivek Arora V/S M/S Ramprastha Estates Pvt.

Divyansh 27 cR/s996/2023 Yuvraj Arora and Vivek Arora V/S M/S Ramprastha Estates Pvt.

Divyansh 22 cR/s997 /2023 YuvrajArora and Vivek Arora V/S M/S Ramprastha Estates Pvt.

SurbhiGarg Sh.

Dilyansh Page 2 of 2 B I SHARER. #- eunuenN Complair No.

5973 of 2023 & others 23 cR/ s998 /2023 Yuvraj Arora and Vivek Arora V/S M/S Ramprastha Estates Pvt.

Diryansh 24 cR/5999/2023 YuvrajArora and Vivek Arora V/S M/S Ramprastha Estates pvt.

Divyansh 25 cR/6000/2023 YuvrajArora and Vivek Arora V/S M/S Ramprastha Estates Pvt.

Divyansh 26 cR/6007/2023 YuvrajArora and Vivek Arora V/S M/S Ramprastha Estates Pvt.

Ltd. and others 27 cR/6002/2023 Yuvrat Arora dnd Vivek Arora V/S M/S Ramprastha Estates pvt.

Divyansh 2B cR/6003/2023 Yuvraj Arora and Vivek Arora V/S M/S Ramprastha Estates Pvt.

Divyansh 29 cR/6004/2023 Yuvral Arora and Vrvek Arora V/S M/S Ramprastha Estates pvt.

Ltd. pvt.

Surbhi Ga rg Sh.

Divyansh 30 cR/600s/2023 Yuwaj Arora and Vivek Arora V/S M/S Ramprastha Estates pvt.

Ltd. and others 31 cR/6006/2023 Yuvraj Arora and Vivek Arora V/S M/S Ramprastha Estates pvt.

Divyansh 32 cR/6007 /2023 Yuvraj Arora and Vivek Arora V/S M/S Ramprastha Estates pvt.

Divyansh 33 cR/ 6008 /2023 Yuvraj Arora and Vivek Arora V/S M/S Ramprastha Estates pvt.

Divyansh fnl" Su.OnlCrre Sh.

Drvyansh 34 35 cR/6009/2023 cR/ 6070 /2023 YuvrajArora and Vivek Arora V/S M/S Ramprastha Estates pvt.

Ltd. and others Page 3 of2 r_--+ ffiHARERI #,eunuennHr Complair : No.

5973 of 202 3 & others Ms.

Surbhi0arg Sh.

Divyansh 36 cR/607112023 Yuvraj Arora and Vivek Arora V/S N4lS Ramprastha Estates Pvt.

Ltd. and others cR/60ts /2023 Yuvraj Arora and Vivek Arora V/S M/S Ramprastha Estates Pvt.

Dilyansh 3B cR/6076/2023 YuvrajArora and Vivek Arora V/S M/S Ramprastha Estates Pvt.

Divyansh 39 cR/6017 /2023 Yuvral Arora and Vivek Arora V/S M/S Ramprastha Estates Pvt.

Divyansh 40 cR/6018/2023 Yuvraj Arora and Vivek Arora V/S M/S Ramprastha Estates pvt.

Ltd. and others 41 cR/6019/2023 Yuvral Arora and Vivek Arord V/S M/S Ramprastha Estates Pvt.

Dilyansh 42 cR/6020/2023 Yuvraj Arora and Vivek Arora V/S M/S Ramprastha Estates Pvt.

Divyansh 43 cR/ 6021/2023 Yuvrai Arora and Vivek Arord V/S M/S Ramprastha Estates Pvt.

Divyansh 44 cR/602212023 Yuvral Arora and Vivek Arord V/S M/S Ramprastha Estates Pvt. l,td. and others l Ms.

Surbhi Carp Sh.

Djvyansh Ms.

Surhhi (laro Sh. (laro Sh.

Drvyansh 45 cR/6023/2023 YuvraiArora and Vivek Arora V/S M/S Ramprastha Estates Pvt.

Ltd. and others 46 cR/6024/2023 Yuvraj Arora and Vivek Arora V/S M/S Ramprastha Estates Pvt.

Divyansh 47 cR/ 602s /2023 Yuvraj Arora and Vivek Arora V/S M/S Ramprastha Estates Pvt.

Divyansh 4B cR/6026/2023 YuvrajArora and Vivek Arora V/S M/S Ramprastha Estates Pvt.

Divyansh PaEe 4 of 2 8 HARERA # eunuennrr,r Complair : No.5973 of2023 & others 49 cR/6027 /2023 YuvrajArora and Vivek Arora V/S M/S Ramprastha Estates Pvt.

Ltd, and others Ms.

Divyansh 50 cR/6028/2023 YuvraiArora and Vivek Arora V/S M/S Ramprastha Estates pvt.

Divyansh 51 cR/6029 /2023 YuvrajArora and Vivek Arora V/S M/S Ramprastha Estates pvt.

Surbhi Ca rg Sh.

Divyansh 52 cR/6030/2023 YuvraiArora and Vivek Arora V/S M/S Ramprastha Estates pvt.

Ltd. and otJIers Ms.

Divyansh 53 cR/6037 /2023 Yuvraj Arora and Vivek Arora V/S M/S Ramprastha Estates Pvt.

Dilyansh 54 cR/6032 /2023 Yuvrai Arora and Vivek Arora V/s M/S Ramprastha Estates Pvt.

Divyansh 55 cR/6033/2023 Yuvral Arora and Vrvek Arora V/S M/S Ramprastha Estates PvL Ltd. and others 56 cR/6034/2023 Yuvrai Arora and Vivek Arord V/S M/S Ramprastha Estates Pvt.

Divyansh l 57 cR/603s/2023 Yuvraj Arora and Vivek Arora V/S M/S Ramprastha Estates Pvt.

Ltd. and others ^rr*,rrbh,crrC ] Sh.

Dirryansh 5B cR/6036/2023 Yuvraj Arora and Vivek Arora V/S M/S Ramprastha Estates pvt.

Divyansh l Ms.

Divyansh 59 cR/6040/2023 Yuvraj Arora and Vivek Arora V/S M/S Ramprastha Estates Pvt.

Ltd. and others 60 cR/6047/2023 Yuvraj Arora and Vivek Arora V/S M/S Ramprastha Estates pvt.

Ltd. and others Ms. others Ms.

Divyansh 61. cR/6042/2023 YuvrajArora and Vivek Arora V/S M/S Ramprastha Estates pvt.

Divyansh Pagc 5 of2 t ffi HARERH #-eunuennH,r Complain : No.

5973 of 2023 & others 62 cR/6043/2023 YuvrajArora and Vivek Arora V/S M/S Ramprastha Estates Pvt.

Dir,yansh 63 cR/6044/2023 Yuvraj Arora and Vivek Arora V/S M/S Ramprastha Estates Pvt.

Divyansh 64 cR/6045/2023 Yuvraj Arora and Vivek Arora V/S M/S Ramprastha Estates Pvt, Ltd. and others 65 cR/6046/2023 Yuvraj Arora and Vivek Arora V/S M,/S Ramprastha Estates Pvt.

Ltd. and others 66 cR/6047 /2023 Yuvrai Arora dnd Vivek Arorr V/S M/S Ramprastha Estates Pvt.

Diyyansh 67 cR/6048/2023 Yuvrai Arora and Vivek Arora V/S M/S Ramprastha Estates Pvt.

Divyansh 6A cR/6064/2023 Yuvraj Arord and Vivek Arora V/S M/S Ramprastha Estates Pvt.

Divyansh 69 cR /6065 /2023 Yuvraj Arora and Vjvek Arora V/S V/S Ramprastha Estates Pvt.

Ltd. and others 70 cR/6066/2023 Yuvraj Arora and Vivek Arora V/S M/S Ramprastha Estates Pvt.

Divyansh 71 cR/6067 /2023 Yuvraj Arora and Vivek Arora V/S M/S Ramprastha Estates pvt.

Divyansh 72 cR/6068/2023 Yuvraj Arora and Vivek Arora V/S M/S Ramprastha Estates Pvt.

Surbhi carB Sh.

Divyansh 73 cR/6069 /2023 YuvrajArora and Vivek Arora V/S M/S Ramprastha Estates Pvt.

Ltd. and others 74 cR/6070/2023 Yuvraj Arora and Vivek Arora V/S M/S Ramprastha Estates pvt.

Divyansh l Page 6 of2 B ffi HARER^ *&" eunuennrtr Complain No.

Surbhi Carg Sh. i Carg Sh.

Divyansh 75 cR/6077/2023 YuvrajArora and Vivek Arora V/S M/S Ramprastha Estates Pvt.

Ltd. and others 76 cR/6072/2023 Yuvraj Arora and Vivek Arora V/S M/S Ramprastha Estates Pvt.

Divyansh 77 cR/6073/2023 Yuwaj Arora and Vivek Arora V/S M/S Ramprastha Estates Pyt.

Divyansh CORAM: Shri Sanjeev Kumar Arora 1.

2.

ORDER 'Ihis order shall dispose of all the seventy seven (7 above filed before this authority under section 3l (Regulation and Development) Act, 2016 (hereinal Act"J read with rule 28 of the Haryana Real Esti Development) Rules, 2017 (hereinafter referred violation of section 11(4)(a) of the Act wherein it is that the promoter shall be responsible for responsibilities and functions to the allottees as per tt executed inter se between parties.

The complainant(sJ in the above referred matters seventy seven (77) units each comprising an area of the upcoming plotted project, being develop respondent/promoter i.e., M/s Ramprastha Estates associated entities.

Consequently, these matters ar jointly.

The fulcrum of the issue involved in all the failure on the part ofthe promoter to deliver timely pc Member 7) complaints title( of the Real Estati [er referred as "thr rte [Regulation an( as "the rules") fot nter alia prescribe( tll its obligations e agreement for salr collectively booker 250 square yards it :d by the sam Pvt.

Ltd. and othe ) being adjudicate( ;e cases pertains tr ssession ofthe unit Page 7 of2 e ed rte :he nd lor ed .ed in TIE ter ed to its A.

No.

5973 of 2023 & others Name of Builder M/S MMPMSTHA ESTATES M/s RAMPMSTHA DEVELOPE M/s RAMPRASTHA PROMOTERS & DEVE Name of Prorect ProlecieE Ramprastha City, 37- C&D, Gurugram.

105.402 acres Date of receipt 23.08.2006 Receipt No. along with amount paid by Complainant(s) Receipt no.: 566 for 28 plots of13,40, Receipt no.: 671 for 26 plots o112,49,3 Receipt no.: 676 for 23 plots of {2,95,0 Unit no.

0 Unit no.

Unit area admeasuring Date of allotment letter 250 sq. yds. each [77 plots) Not provided Date ofbuyers agreement Not executed 23.O8.2009 (calculated from the date ofreceipt) ffi HARERA #- eunuennr,rr in question, seeking possession of the unit along wi charges.

Particulars ofall the complaints delayed possession 3.

The details concerning the unit details, sale consi ration, the amount paid by the complainant (sJ, date of proposed handi over the possession, set forth in the table for the seventy-seven [77) plots they have booked below: VT.

LTD, PVT.

PERS PVT, L'ID. ,000/- ,s00 / - ,o00/- Due date of possession l ll Page I of 28 N.A B.

THARERA b- eunuenRvt Complain No.5973 of2023 & others fAs per Fortune Infrastructure and Ot and Ors. (72.03.2018 - SC); MANU/SC/ t, vs, Trevor D'Lima 2s3/20781 Occupation certificate Not obtained r the complaint: - rrplainants that they yards. each in their 37C & D, Gurugram nt for a total sale one time) of nd promises of the gotiations, within 2 Iuvraj Arora and Mr. rf 250 sq. yards each 7,500 /- in parts rill I sale consideration plots in the subject : as follows: 28 plots /- and 23 plots for - as the full and final purchase of the 77 Page 9 of 2 Offer of possession Not offered Facts of the complaint The complainant has made the following submissions i l.

That the respondents and its Directors assured the cc will give physical possession of 77 plots of 250 sq. project namely "Ramprastha City" situated in Sectol within 3 years from the date of making paymr consideration (Full and final payment ir Rs.8,t}4,37,500/-. i.'l'hat relying on the assurances, representations a respondents & its director and after deliberate n( months from July to August till 23.08.2006 itself, Mr.

Vivek Arora (Complainants) had purchased 77 plots and subsequently had paid an amount of Rs.

8,84,i 23.08.2006 as the full and final payment of the toti towards the purchase of the above-mentioned 77 project. 'fhe details w.r. tails w.r.t the allotment of 77 plots wer lor Rs.

3,40,00,0001- , 26 plots for Rs.

2,49,37,50( Rs.

2,95,00,000/-. ,.

That the above-mentioned amount of Rs.

8,84,37,500 payment of the total sale consideration towards th( 4 6 ffiHARER. #- eunuennnr plots in the sub.iect project was acknowledged by t accordingly three receipts bearing no.

666,677 & 6 were issued in the name ofthe present complainants and 23 plots respectively.

7.

That the complainants had requested the responde officials time and again to provide allotment letter a agreement w.r.t the 77 plots of 250 sq. yards ea Curugram for which the total sale consideration has the complainants way back in 2006 itself but they this matter of issuance of allotment letter an agreement on one pretext or another, 'l'hat the respondent's company vide letters dated confirmation regarding the registration of 77 plots complainants that they had obtained Letter of development of township in Sector 95.

They also i further township in other sectors are also in obtainment and they had already launched a Group Housing in Sector-37D by the name of Edge T That on 28.72.2012, the respondent's company bearing no.

1.28 of 2012 d,ated 29.1-ZZ0LZ for land ad acres situated in the revenue estates of Village Bas Gadauli Kalan, Sector 37C & D, Distt.

Gurugram by th setting up a residential plotted colony.

That during the entire period 2009-2013, the numerous calls, sent text messages, whatsapp m visited the offices of the respondent's company complainants had also met the Chairman ofthe respo 8.

10.

Page 10 of28 Complain No.

5973 of 2023 & others 1l a e respondent's and 6 dated 23.08.2006 br 28 plots,26 plots t's company and its d to execute buyer's in Sector 37C & l), lready been paid by p on lingering over executing buyer's .03.2009 had sent a d also informed the I nt (L.O.[J for the rmed that L.O.l for p pr cess for approval/ igious Rcsidcntial ers. granted a liccnse easuring 105. uring 105.402 0 , Gadauli Khurd & DTCP, Haryana for omplainants made ages and had also several times. 'l'hc dent's company Mr. ffi HARERA #. eunuerw Balwant Singh Chaudhary along with its Directors Walia, Mr.

Sandeep Yadav, Mr.

Amit Yadav and handover the physical possession of 77 plots for consideration has already been paid by the compl 2006 itself vide receipts bearing no.

666, 671 23.08.2006.

However, the respondents never gave a to the complainants but only gave assurances that get the possession of all the 77 plots within next few 11.

That after several requests to the respondent complainant filed an FIR bearing no.

0167 of 2021. respondent's company, its Directors and office-bea u/section 406,420 and 12 0B of IPC, 1860.

1.2.

That despite various reminders and despite the complainant to continue with the subject project h sale consideration in 2006 itseli the respondents h allotment letter and execute buyer's agreement.

T approached the respondent's company and its office timcs inquiring about the tentative date for the deli the subject plot but none has ever bothered to pro response to the complainants about the completio subject plot.

13.

That the present complainants have approached times but all in vain as the respondent builder is a position so, the allottees are left with no other optio Hon'ble Authority.

The complainants wishes to con project and seeks possession of all the 77 plo t'agc 11 of 28 Complain No.

5973 of 2023 & others namely Mr.

Arvind requested them to hich thc total salc inants way back in 676 each dated concrete response e complainants will onths. n 06.1L.202L, the s lodged against the rs in E.O.W, Delhi willingness of the ing paid the entire ve failed to issue an e complainant had earers' innumerable ry of possession of ide any satisfactory and delivery of thc e promoter several using his dominant but to approach this ue with the subject from this Hon'ble ffi HARER^I ffi eunuerw Authority, the total sale consideration of which has them w has them way back in 2006 itself.

The respondents sh issue an allotment letter and execute a buyer's agree plot with the present complainants who are allotte of the Act of 2016.

The complainants further prays charges at the prescribed rate from the due dat 23.08.2009 till actual handing over of possession as Act of 2016 shall also be paid to the present com uphold the principles ofjustice.

C.

Relief sought by the complainant: - 14.

The complainant has sought following relief(s): I.

Direct the respondents to issue allotment lette and execute a buyer's agreement with the pr the total sale consideration of the subject plot way back in 2006 itseli It.

Direct the respondents to handover the ph subject plot as the total sale consideration o already been paid way back in 2006 itself.

III.

IV.

Direct the respondents to pay delay possessi Direct the respondents to execute conveyance plot. date ofpossession i.e.,23.08.2009 till actual ph the possession of the subiect plot at the pre provisions of the Act of 2076.

15.

On the date of hearing, the authority explained promoter about the contraventions as alleged to ha Complain No.

5973 of 2023 & others lready been paid by also be directed to ent w.r.t the subject as per Section 2(dJ at delay possession of possession i.e., er Section 18 of the lainants in order to w.r.t the subject plot ent complainants as as already been paid possession of the the subject plot had eed w.r.t the subject n charges from due ical handing over of ibed rate as per the to the respondent/ committed in PaBe 12 of 28 been ffi HARER '\ #"eunuennn,l relation to section 11(a) (a) ofthe act to plead guilry D.

Reply by the respondents. t6. t7.

The respondent no.

1., 2 and 3 has filed a joint reply That the complainant is not an allottee and there is sought to be enforced by the complainant by invoki Real Estate (Regulation and Development] Act,201,6 to as'2016 Act').

016 Act').

That the complainant has misused and abused the p the captioned complaint on the basis of three recei which were issued only on the request of complai registrations of plots in future projects.

19.

That neither does the receipt on which the complain specifies any plot number, date of completion or to the same is even conspicuously silent on the detai project, the sector in which it is situated, and other receipts clearly state that the receipts were is registration of plots of land in future potential pro stretch of imagination do not constitute a binding co enforced for specific performance and hence the co frivolous and misleading complaint to seek performance of obtaining possession of plots along buyers agreement knowing well that such relief are only in view of the provisions of the 2016 Act bu provisions ofSpecific ReliefAct, 1860 and the law of That at the threshold ofthe reply, it is submitted that 18.

20. barred and therefore deserves to be set aside on this Page 13 oF 28 No.

5973 of 2023 & others r not to plead guilty.

29.03.2024. o agreement that can the provisions of the (hereinafter referred cess of law by filing ts dared 2 3.08.2006, t towards tentative t has sought to harp consideration, but of the name of the ital details.

Thc said against tentative and hence by any tract which could he lainant has filed this relief of specific th execution of plot ot tenable in law not also in view of the imitation. e complaint is timcd unt alone, amongst HARERA ffi.GURUGRAM other grounds that the respondents have raised thro Pertinently, the receipts on which the complainant is dates back to the year 2006, whereas the complaint evidently after a delay of 17 years.

27.

That the complainant is trying to approach differen purpose in order to blackmail the respondents h ongoing projects. projects. the complainant has always been respondents and with the same objective they have fi the Hon'ble Chief Minister of Haryana in October police complaint before Sushant Lok Police Station o to that a complaint was also filed before Police That in all these complaints, the concerned autho cognizance.

That thereafter, complainant appro House Court by way offiling a complaint u/s 156 Cr has also been rejected by way of Order dated 06.11.2 22.

That the investment done by complainant is for th profit and not for residential purpose.

This subs complaint is not a genuine and that the complai investor only.

23.

That the complainant being aggrieved by the above the same before the Ld.

Additional Session Judge, P also dismissed the petition and the complainant the Hon'ble Delhi High Court, where the reinvesti complainant was ordered.

Even after reinvesti nothing against the respondents and has filed cancellation.

Copies of all the relevant documents have been fi 24.

Complai No.

5973 of 2023 & others gh the present reply. lacing reliance upon s been filed in 2023, forums with ulterior in and derail their ing to pressurize the a complaint before 017 and also filed a 13.05.2016 and prior ion Vasant Vihar etc. tiesdid not take any ed Ld.

CMM Patiala The said complaint 19. sake of making huge y proves that the ant is a speculative order, challenged tiala House, who had fter approached the tion in the case of on the police found its final report for and placed on the PaEe 14 of 28 tr [AREIA ffi euRuenRru,t record.

Their authenticity is not in dispute.

Hence, decided on the basis of these undisputed documents by the parties.

Iurisdiction of the authority 25.

The authority observes that it has territorial as jurisdiction to adiudicate the present complaint below.

E.l Territorialiurisdiction 26.

As per notification no.7/92/2017-1TCP dated 14. dated 14.7 and Country Planning Department, the jurisdi Regulatory Authority, Gurugram shall be entire Gu purpose with offices situated in Gurugram.

In the p in question is situated within the planning area Therefore, this authority has complete territorial ju the present complaint.

E.ll Subiect matter iurisdiction 27.

Section 11(a)(a) of the Act, 2016 provides that responsible to the allottee as per agreement for s reproduced as hereunder: Section 11 (4) The promoter shall- (o) be responsible for qll obligations, responsibiliti under the provisions of this Act or the rules ond thereunder or to the ollottees qs per the ogreement ossociotion of qllottees, os the case may be, till the con oportments, plots or buildings,asthe case may be,to common oreas to the associotion of ollottees or the os the cose moy be; E.

Complain No.5973 of2023 & others complaint can be nd submission made as subject mattcr the reasons given 2Of 7 issued by Town on of Real Estate gram District for all nt case, the project f Gurugram District. isdiction to deal with promoter shall be Section 11(4)(aJ is and functions ulations mode sqle, or to the nce ofqllthe allottees, or the etentauthority, le Page 15 of28 RA RA[/ ARE URUG H (, F.I Section 34-Functions of the Authority: 34A of the Act provides to ensure complionce of the upon the promoters, the ollottees and the real estote Act ond the rules and regulotions made thereunder.

28.

So, in view of the provisions of the Act quoted a complete jurisdiction to decide the complaint regard obligations by the promoter leaving aside compe decided by the adiudicating officer ifpursued by the stage.

F.

Findings on the obiection raised by the responden The complaint is not maintainable for the reaso not an allottee as no allotment of unit plot was complainant.

29. inant.

29.

The respondents has averred that the p maintainable for the reason that complainants are allotment of unit was made in favour of the registration was an expression ofinterest towards t the respondent.

For adiudicating upon this, it is im definition of "allottee" as provided in Section provisions are: "section 2(d): Allottee: in relation to o real estate to v,lhom a plot, apartment or building, os leosehold) o plod whether as freehold or leosehold otherwi promoter, and includes the person who subsequ allotment through sole, tronsfer or otherwise butd to whom such plot, qpartment or building, as the co rent." On bare perusal of the definition of "allottee", transferee of an apartment, plot or building is an transfer may include issuance of booking receipts, 30.

Ietter.

Upon careful perusal of documents on recor Pagc 16 of 28 No.

5973 of 2023 & others Complain lig7tions cast ents under this , the authority has non-compliance of ation which is to be mplainant at a later that complainant is one in favour of the t complaint is not ot an allottee, as no mplainants and the e upcoming proiect of ortant to refer to the (dl of the Act.

Said C meonsthe person bq hos on to whom transferred by the acquires the said not include a person moy be, is given on is evident that the allottee.

The mode of issuance of allotmcnt it is revealed that thc HARERA GURUGRAM complainants had paid a sum of Rs.

8 ,94,37 ,SO0 /- | plots, Rs.

2,49,37 ,500 /- for 26 plots and Rs.

2,95,00, purchasing 77 plots admeasuring 250 sq. yards eac respondents.

The respondents in lieu ofthe said p vide receipt no.

666, 677 and 676 dated Z3.OA.ZO multiple payments were received by the complainants clearly shows that there was very mu In the present case, the complainants are aggriev compliance ofthis part ofthe contractby the respon of the respondents that complaint is not maintainabl Relief sought by the complaint under section 1B as there is no agreement ofsale executed betwe The respondents raised an raised another objection tha maintainable as there is "no agreement to sale" parties.

Mere fact that an allotment letter speciryi issued to complainant does not mean that they we respondents.

Once respondents have accepted the m complainant for purchase of a plot in his proiect, it respondents to allot them a unit no- within a reason part to do so will not affect the rights of applicant as Even a receipt which specifies the details of unit su price etc., booked by complainant will be treated as the property.

The definition of "agreement for sale" 2(cJ means an agreement entered into between allottee.

The definition is not restricted to executi agreement with respect to agreement entered into F.II 31.

32. the promoter before RERA Act of 2016 coming in PaEe 77 of28 Complai No.

5973 of 2023 & others .

3,40,00,000/- for 2B 00 /- for 23 plotsl for in future project of ents issued a receipts 6.

The fact that the ndents from the an agreement to sell. by the act of non- nts.

Hence, objection stands rejected. is not maintainable n the parties. complaint is not uted betlveen the g a unit no. was not not an allottee of the tiple payments from as the obligation of e time.

Failure on his n allottee. h as area of the plot, eement for selling provided in Section e promoter and the of a builder buyer en the allottee and force.

Accepting the HARERA M GURUGRAM payment towards a unit in present and future proj meeting of minds that the promoter will give posses future project developed by respondent.

Furthermo record to show that the allotment will be by way o first serve basis, or by any other mode and the co allotment of a specific unit after following that available on record, clearly shows that the complai respondent's future project.

Accordingly, contentio that there is no agreement to sell has been executed s relief sought by the complainant under the provisio RERA Act is maintainable- F.lll The present complaint is barred by the limitatio 33. itatio 33.

The respondents has also taken objection that comp by Iimitation.

Reference in this regard is made to court Civil Appeal no.

4367 of 2004 titled as M.p Commissioner of Central Excise wherein the Hon,bl that Indian Limitation Act applies only to the co l'ribunals.

RERA is a special enactment with parti covering certain issues and violations relating to hou of the Limitation Act 1963 would not be applicabl under the Real Estate Regulation and Developme Authority set up under that Act being quasi-fudicial promoter has till date failed to fulfil its obligations cause of action is re-occurring.

34.

On consideration of the documents available on rec made by the party, the authority observes that the p ongoing project, and the respondents/promoters ha Page 18 of 28 Complai No.

5973 of 202 3 & others shows there was a ron ln any present or e, there is nothing on any draw, first come plainant was denied process.

Documents ant booked a plot in of the respondents nds reiected.

Hence, s of section 18 of the int is grossly barred iudgement of 4pex Corporation is Apex Court had held rts and not to the lar aim and object ng sector.

Provisions to the proceedings t Act, 2016 as the nd not a Court.

The ecause of which the rd and submissions ject in question is an failed to apply and HARERA GURUGRAM obtainingthe CC/part CC tilldate.

As per proviso to ongoing proiects on the date of this Act i.e., completion certificate has not been issued, the p application to the authority for registration of the period ofthree months from the date of commence relevant part of the Act is reproduced hereunder: - Provided that projects thot ore ongoing on the ddte of Act ondfor which the completion certFcate has not b sholI moke an opplication to the Authoriry for registro within o period ofthree months from the date ofcomm 35. ofcomm 35.

The legislation is very clear in this aspect that a pro as an "ongoing project until receipt of completio completion certificate has yet been obtained by the regards to the concerned proiect.

36.

Moreover, it is observed that vide receipt dated 23. between the parties that the promoter shallgive po having size of 250 sq. yards each to the complaina receipt of consideration amount of Rs.

8,84,3 7,500/- 28 plots, Rs.

2,49,37,500/- for 26 plots and Rs.

2,95, from the complainant back in 2006 against th respondents-promoters has not even allotted a complainants and also no effort has been made registered in their name till date.

As the respondents the possession ofthe allotted plots to the complaina ofaction is continuing till date and recurring in natu upon the section 22 of the Limitation Act, 1963, Co torts and the relevant portion are reproduced reference:- Complai No.

5973 of 2023 & others ction 3 ofAct of 201 6, 07.2017 for which moter shall make an said project within a nt of this Act and the mmencement ofthis issued, the promoter on ofthe soid project cement ofthis Act ect shall be regarded certificate.

Since no omoter-builder with .2006, it was agreed ession ofthe 77 plots ts.

However, despite Rs.

3,40,00,000/- for 0,000/- for 23 plots I booked plots, thc specific plot to the it to get the plots as failed to handover s and thus, the cause .

The authority relied inuing breaches and under for ready Page 19 ol28 ffiHARERA # eunuennvr 22.

Continuing breoches and torts- In the cose of a contract or in the case of a continuing tort, o fresh begins to run qt every moment of the time during whi tort, as the case may be, continues.

Keeping in view the aforesaid facts and legal positi regard to the complaint barred by limitation is hereb G.

Findings on the reliefsought by the complainant.

I.

Direct the respondents to handover the physi subiect plot as the total sale consideration of already been paid way back in 2006 ttself, II. tself, II.

Direct the respondents to pay delay possession of possession i.e., 23.08.2009 till actuat physicat possession of the subiect plot at the prescri provisions of the Act of 2016. lll.

Direct the respondents to issue allotment letter and execute a buyer's agreement with the present total sale consideration of the subiect plot has a back in 2006 itself.

38.

The complainants, Yuvraj Arora and Vivek Aro seventy seven [77) units each comprising an area o the upcoming plotted project, being develo respondents/promoter i.e., M/s Ramprastha Esta associated entities by paying an amount of Rs.

3,40,00,000/- for 28 plots, Rs.

2,49,37,500 /- Rs.

2,95,00,000/- for 23 plotsl on 23.08.2006.

The res three receipts vide receipt no.

666, 671and 676 date the confirmation of the above booking was sent b Page 20 ol28 Complain No.

5973 of 2023 & others tinuing breach of iod of limitation the breqch or the n, the objection with reiected.

I possession of the e subiect plot had from due date nding over of the rate as per the .r.t the subiect plot mplainants as the dy been paid way collectively booked 250 square yards in ed by the same Pvt.

Ltd. and other 8,84,37,500/ [Rs. for 26 plots and ndents issued them 23.08.2006.

Further the respondents on ffi HARERA ffi erruennnr 18.03.2009 in which it was mentioned that"we are registration in the above said project "Ramprastha Ci be sent soon once all legal clearances are sancti informed." 39.

The complainants asserted thatthe possession ofth obligated to be delivered within three years fro receipt.

The respondents have failed to meet repeated requests by the complainants for respondents company has not taken any steps Furthermore, the complainants were assured at th the respondents had secured the requisite DTCP li has since been revealed that the DTCP license was on December 28,2012, under Iicense number 128 o 40.

The authority observes that the complainants I 8,84,37,500/- [{. ,500/- [{.

3,40,00,000/- for 28 plots, 12,4 and { 2,95,00,000/- for 23 plotsl on 23.08.2006.

Ir no plot buyer agreement has been executed be complainants has paid t 8,84,37,500/- jointly as seventy seven [77) p]ots in the futuristic proiect i plot numbers were allotted to them.

Thus, in view o respondents who has accepted an amount of { 8, has been in custody of the money paid for allotme been enjoying benefits out of it.

Now the question before the authority is whether respondent/promoter falls within the definition section 2(e) ofThe Contract Act, LB72 and which pr 41,.

PaEe 21 of 28 Complai t No.

5973 of 202 3 & others leosed to confirm your ".

Allotment letter will ed, we will keep you unit was contractually the date of payment is obligation.

Despite emedial action, the o address the delay. time of booking that nse for the proiect.

It ctually obtained only 2072. made a payment of ,37,500/- for 26 plots important to note that n the parties.

The king amount to book the year 2006 but no the foregoing facts thc ,37 ,500 /- since 2006 t of the plots and has receipt issued f agreement, vides that: by the as per HARERA ffiGURUGRAII "Every promise and every set of promise forming the other is an ogreement-" 42.

Further, section 10 of rhe Act of 1872 defines the the agreement made fall with the definition of provides as under: "A agreements ore contracts if they are mode by the competent to contract, for a lawful considerotion ond are not herby expressly declared to be void." 43.

There are a large number of cases coming to the wherein the builder had taken the whole or parti only issued receipt against the allotment of the pl in its upcoming prorect at Gurugram.

Neither it iss nor executed any builder buyer's agreement. receipt/allotments are harassed a lot to act on the issued by the developer and has to run here and or criminal action against the builder. e builder.

This positi cases as after the enforcement of the Act of 2016, to comply with the provisions of the Act and receiving any money against allotment of unit a buyer agreement, 44.

Now, the issue which needs adjudication in this complainants are entitled to the relief of pos possession charges of plot booked by them along handing over the possession in absence of allo buyer agreement.

In the instant matter, even after lapse of more tha of payment till the filling of complaint, no allot agreement has been executed inter- se partie respondents have miserably failed to specify the 45.

Page22 of28 Compla nt No.

5973 of 202 3 & others sideration for eoch onditions under which same ntract and the consent of porties ith a lawfulobject and notice of the authority amount of money and either in the exiting or ed any allotmcnt lctte'r he holders of those s of the documents ere to initiate anv civil existed in Pre- RERA promoter is obligated llow the same while execution of builder mplaints is whether sion along with delay th interest for delay in ent letter and builder 17 years from the date ent letter and buycr's Even till date, the plot numbers allottcd.

HARERA *eD* GURUGRAII Further, the respondents fails or surrender his clai the authority in a rightful manner can proceed precedents established by higher courts.

When exchanging (agreement) between parties omits to possession the reasonable period should be allow u nit or completion of the pro.iect.

46.

That the authority is of the considered view that allottee's right to information about the pro.ie knowledge about the timelines of the delivery inseparable part ofthe agreementas the responden the same to the complainant/allottee.

Hence, it is shows his unlawful conduct.

47.

The Hon'ble Supreme Court in the case ofForture Vs, Trevor D'Lima and Ors. a and Ors. (72,03,207g - SC); observed that "a person connot be made to possesslon ofthe fldts allotted to them and they are e of the amount paid by them, along with compen dware ofthe foct thatwhen there was no delivery p agreement, a reosonable time has to be taken in facts ond circumstonces ofthis case, a time been reasonable for completion of the contracL 48.

In view of the above-mentioned reasoning, the da ought to be taken as the date for calculating d Therefore, the due date ofhanding over ofthe poss out to be 23.08.2009 (three years from the date of manifesting that there has been a delay of more th over possession, making the respondents liable nt No.

5973 of 2023 & others w.r.t. the alleged date, in the light of judicial terms and conditions speci8, the due date of d for possession of the Act,2016 ensures the and the unit. 'l'hat possession forms an is not communicating olation of the Act, and cture and Ors.

NU/SC/o2ss /2018 it indefinitely for the titled to seek the refund tion.

Although we are riod stipuloted in the consideration. ln the of3 years would have e of making payment, e date of possession. ion ofthe unit comes ent on 2 3.08.2006), 15 years in handing pay delayed interest Page 23 of 28 ff HARER,. #eunuennt.r charges as per section 18 of the Act, 2016 along wi 49.

Payment of delay possession charges at pres The complainants are seeking delay possession c rate of interest.

Proviso to section 1g provides tha not intend to withdraw from the project, he shall b interest for every month of delay, till the handi such rate as may be prescribed and it has been p the rules.

50.'l'he legislature in its wisdom in the provision of rule 15 of the rules. has and if the said rule is followed to award the inte practice in all the cases.

51.

Consequently, as perwebsite ofthe State Bank ofln the marginal cost oflending rate (in short, MCLR) as is 9olo.

Accordingly, the prescribed rate of interest lending rate +20lo i.e., !Lo/o.

52. !Lo/o.

52.

The definition of term ,interest, as defined under provides that the rate of interest chargeable fro promoter, in case of default, shall be equal to the ra promoter shall be liable to pay the allottee, in case o 53.

Therefore, interest on the delay payments from the charged at the prescribed rate i.e., 11glo by the which is the same as is being granted to them in cas charges.

54.

On consideration of the made by both the parties documents available on re interest.

The rate ofinterest so determined bv the I regarding contravention o PaBe 24 of 28 nt No.

5973 of 202 3 & others subordina determined h possession. ibed rate of interest: rges at the prescribed where an allottee docs paid, by the promoter, over of possession, at bed under rule 15 of legislation under the the prescribed rate of islature, is reasonable it will ensure uniform a i.e., https://sbi.ca,i!, n date i.e.,26.07.2024 ill be marginal cost of ction z{za) of the Act the allottee by the of interest which the default. complainants shall be spondents/promoter of delayed possession rd and submissions provisions of the Act, ffiHARERA ffieunuennt.t the authority is satisfied that the respondents are section 11(4)(aJ ofthe Act by not handing over pos The possession ofthe seventy seven (77) plots of z 37 C&D, Gurugram, Haryana was to be delivered b the respondents/promoter have not allotted a sp complainants and also have failed to handover p the complainants till date of this order.

Accordingl respondents/promoter to fulfil its obligations and a specific unit numbers for all the seventy seven ( the physical possession.

The authority is of the co is delay on the part of the respondents to offer p plot to the complainants.

Further no Cc/part CC project.

Hence, this project is to be treated as o provisions of the Act shall be applicable equally t allottees.

Moreover, the similar matters are decid authority in CR/5935 /2022.

935 /2022.

In view ofthe reasons stated above, the responden and get register plot buyer agreements of all 77 pl in their project "Ramprastha City Sector 37C&D, G with copy of allotment letters with specific plot n from the date of this order.

The respondents maintain the status quo on allthe 77 plots till the ex ofplot buyer's agreements and allotment letter.

Mo are directed to handover the possession of the all yds. each in their above mentioned proiect within after obtaining valid occupation certificate from th 56.

Accordingly, the non-compliance of the manda Pagc 25 of 28 Compla nt No.

5973 of 2023 & others n contravention of the ssion by the duc datc.

0 sq. yds. each in sector 23.08.2009.

However, fic plot numbers to the session of the plots to , it is the failure of the esponsibilities to allot 7J units and hand over idered view that there session of the allotted been granted to the going proiect and the the builder as well as by the full bench ofthe are directed to execute ts of 250 sq. yds. cach ugram, Haryana along mbers within 30 days re further directed to cution and registration ver, the respondents e 77 plots of 250 sq. ree months(90 days) competent authorify. contained in section ffi HARERA *, ounuennT 11[4J (a) read with section 1B[1J of the Act on the are established.

As such the complainants are enti charges at rate of the prescribed interest @ 110lo the date of offer of possession plus two mont possession, whichever is earlier as per provisions o read with rule 15 ofthe Rule.

Direct the respondents to execute conveyance plot.

57.

Section 17 (1 J of the Act deals with duty of promot deed executed and the same is reproduced below: i. " 17.

Transfer of title.- ii. (1).

The promoter shqll execute o registered co competent authority, os the case may be, ond hond possession ofthe plot, apartment ofbuilding, as th the allottees and the common areqs to the allottees or the competent outhority, as the cose estote project, and the other title documents p ocuments p within specijied period os per sanctioned plons a the locallaws: i\.

Provided that, in the obsence of ony locallow, in favour of the allottee or the associotion of competent outhority, as the case moy be, under t. carried out by the promoter within three months of occ u pancy certifrcate." 58.

Accordingly, the authority directs the respon conveyance deed within 60 days in favour of obtaining valid occupation certificate from the com Directions of the authority favour ofthe allotue along with the undivided pro the common oreas to the associotion of the Hence, the authority hereby passes this order an H.

59. directions under section 37 ofthe Act to ensure co nt No.

5973 of 2023 & others art of the respondents ed to delay possession .a. w.e.f.

23.08.2009 rill s or handing over of section 18(1) of rhe Acr eed w.r.t the subiect to get the conveyance veyonce cleed in tionate title in llottees or the ver the physical case moy be, to iotion of the ay be, in o real ining thereto provided under nveyance deed allottees or the section sholl be date of issue ents to executc the e complainants after etent authority. issues the following pliance of obligations Page 26 of 28 |1 \, A Ul? { M RE& UGRA cast upon the promoter as per the function entrus section 34(0: i.

The respondents are directed to get execute agreements of all 77 plots of 250 sq. yd Ramprastha City Sector3TC&D, Gurugram, of allotment letters with specific plot numbe the date of this order.

The respondents maintain the status quo on all the 77 plots registration ofplot buyer,s agreements and al ii.

The respondents are further directed to han &,C all the 77 plots in their proiect within thre obtaining valid occupation certificate from th iii.

The respondents/promoters are directed complainants against the paid-up amount at 110lo p.a. for every month of delay from the du 23.08. du 23.08.2009 till actual handing over of p possession plus two months after certificate/part completion certificate from th whichever is earlier, as per section 1g(1) ofth rule 15 of the rules. iv.

The arrears of such interest accrued from 23. order by the authority shall be paid by the resp the complainant within a period of 90 days f and interest for every month of delay shall be to the allottees before 10th ofthe subsequent ofthe rules.

Compl nt No.

5973 ot 2023 & others to the authority under nd register plot buyer each in their project ryana along with copy within 30 days from further directed to till the exccution and otment letter. ver the possession of months(90 days) after competent authority. pay interest to the e prescribed rate of date of possession i.c., ssession or ofler of taining completion competent authority, Act of 2016 read with 8.2009 till the dare of ndents/promoters to m date of this order paid by the promotcr nth as per rule 16(2) Page 27 of 2B HARERA P*GURUGRAI/ The rate of interest chargeable from the in case of default shall be charged at the p the promoter shall be liable to pay the allo the delayed possession charges as per sectio 60.

This decision shall mutatis mutandis apply to cases this order.

61.

1'he complaints stand disposed ol 62.

Files be consigned to registry. vi.

Haryana Real Estate nt No.

5973 of 2023 & others by the promoters, bed rate i.e., 11(/o by the respondents/promoters which is the sam rate of interest which , in case of default i.e., The respondents are directed to execute the deed within 2 months from the date ofOC/CC Dated:26.07 .2024 2(za) ofthe Act. conveyance deed/sale entioned in para 3 of Member urugram PaBe 28 of 28