RUCHIKA YADAV vs SUNRAYS HEIGHTS PVT. LTD.

ffi ffi HARERA GURUGl?AM rd{E $ai BEFORE THE HARYANA REAL ESTATE REGULATORY AUTHORITY, GURUGRAM Complaint no.: Date of filing of complaint: Date of first hearing: Order pronounced on: Complaint No.

497 of 2024 497 of202+ 09.02.202+ 27.03.2024 23.LO.2024 Complainant Respondent Member Complainant Respondent Ruchika Yadav Resident of: House no.21.7 /12, Krishna Colony, Gali No.

06, Gurugram -122001, CORAM: Shri Ashok Sangwan APPEARANCE: Mr.

Vijay Pratap Singh [Advocate) Mr.

Harshit Batra (AdvocateJ 1.

The present complaint has been filed by the complainant/allottee under Sectron 31 of the Real Estate (Regulation and DevelopmentJ Act, 2016 [in short, the Act) read with Rule 28 of the Haryana Real Estate (Regulation and Development.,l Rules, 2017 (in short, the Rules) for violation of Section 11(4)[a) of the Act wherein it is inter a/ia prescribed that the promoter shall be responsible for all obligations, responsibilities and functions under the provisions of the Act or Lhe Rules and regulations made thereunder or to the allottee as per the agrcentcnt for sale executed inter se.

Page 1 ol 77 / HARERA ffiGUI?UGRAM A.

Unit and proiect related details 2.

The particulars of unit details, sale consideration, the amount complainant, date of proposed handing over the possession, delay have been detailed in the following tabular form: paid by the period, if any, Complaint No.

497 of 2024 Sr.

No.

Particulars Details 1.

Name of the project "Sixty-Three Golf Drive", Sector 63-4, Gurugram" 2.

Proiect area 5.9 acres 3.

Nature of the project Affordable Group Housing Project fResidential FlatJ 4.

DTPC License no. and validity 82 of 2014 dated 08.08.2014 Valid upttr 07.08.201,9 5.

Name of licensee Sunrays Heights Pvt.

Ltd., Smt.

Kiran W/o Dharam l 6.

RERA registration details Registered 249 of 201,7 dated 26.09.2017 valid upto 25.09.2022 7.

Provisional Allotment Letter 11.01,.2016 fPaee 19 of complaint Allotment Letter 20.07.2077 [Page 20 of complaint'l 1,2.04. 'l 1,2.04.2016 (Page 21 of complaintl 105, Tower J fPaee 34 of complaint) B.

Flat buyer's agreement 9.

Unit no.

L0 Unit area admeasuring Carpet Area- 361.89 sq.ft Balcony Area- 69.84 sq.ft. fPaee 34 of complaint) 11.

Possession clause 4- Possession "4.L The developer shall endeavor to handover possession of the said flat within a period of 4 years i.e.

48 months from the date of commencement of proiect, subiect to force majeure & timely payment by the allottee towqrds the sale consideration, in accordance with the terms as stipuloted in the present agreement." IBBA at pase 24 of complaint) Page 2 of 17 HARERA GURUGI?AM Complaint No.

497 of 2024 *Note: As per affordable housing policy 2013 - | 1(iv) All such projects shall be required to be I necessorily completed within 4 years from the approval of building plans or grant of environmental clearance, whichever is later, This date shall be referred to as the "date of t', commencement of project" for the purpose of this t policy.

The licences shall not be renewed beyond the said 4 years period from the date of com m e n cem en t o f p roi ect.

1,2.

Date of building plan approval 10.03.2015 fPage 28 of reply) 13.

Date of environment clearance ., 76.09.2016 fPage 34 of replyJ 1,4.

Due date of possession t6.03.2021. (Calculated from date of environment clearances i.e., L6.09.2016 being later, which comes out to be 16.09.2020 + 6 months as per HARIIRA notification no.

9/3-2020 dated 26.05.20'20 l'or projects having completion date on or alter 25.03.2020, otr account of force mrlcu I'c conditions due to outbreak of Covrd- 19 pandemic') 15.

Basic sale consideration Rs.14,82,480 /- (BBA at page 34 of complaint) 16.

Amount paid by the complainant Rs.13,49,064/- 17.

Occupation certificate Not obtained 18.

Offer of possession Not offered 19.

Final Reminder sent by respondent to complainant 1,5.03.2024 [Page 4 of reply to application liled by respondentl 20.

Cancellation letter 22.04. ter 22.04.2024 [Page 10 of reply to application l'iled by respondent) 21,.

Publication of cancellation in newspaper "Aaj Samaj" 06.04.2024 (Page tL of reply to application filed by respondent) B.

Facts of the complaint: 3.

The complainant has made the following submissions: - I.

That the respondent made advertisement in the newspaper 'Hindustan Times' with regard to the location, specification and amenities and time of '/ Page 3 of 77 II.

III. ffi d&k ciiLli{, HARERA GURUOl?AM completion of the project under the name "63 GOLF DRIVE'i Sector- 63A floated under Haryana Government's Affordable Housing Policy, Gurugram, Haryana.

The complainant approached the respondent for booking of a unit vide application no.

SGD[B)4846.

That the complainant was allotted flat no. f-105 at tower I having carpet area of 361.89 sq, ft. and balcony area of 69.84 sq. ft. on 20.07.2017 .

That the builder buyer agreement was executed between the complainant and the respondent on 1,2.04.201,6.

The total consideration of the flat was Rs.14,82, 4BO /- exclusive of tax and other charges.

The complainant has paicl Rs.l3,50, 064 /- against demand of Rs.

13,50,06 4 /- from the builder till date of filing of present case as and when the demands were raised by the respondent in time bound manner.

That the builder has charged excess interest of Rs.2,043/-.Same was brought to the knowledge of the builder telephonically but every time the respondent stated that the excess amount of interest shall be waived off in the due course, but the same has not yet been done.

That the respondent is threatening and pressurising the complainant via e- mail that she has to make the payment as per the affordable housing policy as per agreed terms of the BBA without considering the amendment with regard to time linked plan substituted to construction linked payment plan amended in the said policy from November 2021 onwards.

As per the BBA, the project is already delayed by more than 2.5 years from the date of promise. f promise.

That owing to slow-paced construction and absence of basic amenities, respondent delayed in giving possession of the unit to the complainant.

That as per Section 19(61 the Real Estate (Regulation and Development) Act,2076 (hereinafter referred to as the Act) complainant has fulfilled his responsibility in regard to making the necessary payments in the mann.., Page 4 of 17 ry.

V.

VI.

Complaint No.

497 of20'24 HARERA OURUGRAM Complaint No.

497 of 2024 and within the time specified in the said agreement.

Therefore, the complainant herein is not in breach of any of the terms of the agreement.

VII.

That the respondent is always making wrong interpretation of the Haryana Affordable Housing Policy and threatening the complainant to cancel the unit, treating the customer as a default customer without raising the last demand letter to the buyer.

It is categorically stated that the extract from Haryana government gazette dated 19.08.2013 is crystal clear.

VIII.

That respondent has charged illegAf interest on delayed instalment @ 1,5 o/o p.a. compounded quarterly.

The respondent has charged illegal interest of Rs.2,043/- and despite the respondent protest the same has not yet been waived off by the respondent on the plea that the same shall be reversed at the time of possession of the flat.

This is totally illegal, arbitrary and unilateral.

That keeping in view the snail-paced work at the construction site and half- hearted promises of 'the respondent, the inconsistent and lethargic manner, in which the respondent conducted its business and their lack of commitment in completing the project on time, has caused the complainant great financial and emotional loss.

That due to the malafide intentions of the respondent and non-delivery of the flat unit the complainant in time has accrued huge losses on account of the career plans of their family member and themselves and the future of the complainant and their family are rendered dark as the planning with which the compl the complainant invested her hard earned monies have resulted in subzero results and borne thorns instead of bearing fruits.

That the cause of action to file the instant complaint has occurred within the jurisdiction of this Hon'ble Authority as the apartment which is the subjerct matter of this complaint is situated in Sector 63A, Gurugram which is within the jurisdiction of this Hon'ble Authority.

IX. x. xt.

Page 5 of 17 ./ ffiHARERA lllii{l#*euntrcRAM @-l C.

Relief sought by the complainant: 4.

The complainant has sought following relieffs): I.

Direct the respondent to pay interest @ 8.650/o per annum as per the prevailing MCLR rate plus 2o/o on the paid amount of Rs.13,50,064/- for delay period starting from L6.09.2020 till actual handover of the physical possession by the respondent to the complainant with penal interest, given that 16.09.2020 was the promised date of delivery of possession (along with pendente lite and future interest till actual possession) and waive off the illegal interest etc. raised by the respondent.

5.

Copies of all the relevant documents have been filed and placed on the record.

Their authenticity is not in dispute.

Hence, the complaint can be decided based on these undisputed documents and submissions made by the complainant.

D.

Reply by the respondent: 6.

The respondent contested the complaint on the following grounds: I.

That the complaint filed by the complainant is abuse and misuse of process of law and the reliefs claimed as sought for, are liable to be dismisscd.

N o relief much less any interim relief, as sought for, is liable to be granted to the complainanL II.

That the complainant has miserably and willfully failed to make payments in time or in accordance with the terms of the builder buyer's agreement.

It is submitted that the complainant has frustrated the terms and conditions of the builder buyer's agreement, which were the essence of thc arrangement between the parties and therefore, the complainant now cannot invoke a t invoke a particular clause, and therefore, the complaint is not maintainable and should be rejected at the threshold.

It is further submitted that timely payment was the essence to ensure timely completion of construction & handover of the apartments as per the terms of the polir'y The Pith & Substance' of the Affordable Housing Policy is clearly captured in its essence, wherein the Intended Beneficiaries' were given 36 months to Page 6 of 17 t( ffiHARERA ffieunucRAM Compf aint No.

497 of 2024 pay the entire cost of the apartment (250/o upfront and rest 75o/o in 6 equal monthly instalments), against which the developer (respondent) was provided with the timeline of 48 months to complete the project subject to timely payment.

III.

That the present complaint is liable to be dismissed on the sole ground that the complainant has concealed the true and necessary facts from the Authority.

The complainant is chronic defaulter in timely payment of the installments as per the payment plan annexed with the builder buyer agreement.

It is pertinent to mention here that respondent has sent final payment reminder letter to complainant on 22104/2024.

And there befot t' respondent had given many opportunities to deposited the remaining amount through payment reminder notice on t5/03/202+ beforc' thar respondent and published in newspaper AA] SAMAI on 06104l2O'24 i to cancelation.

It is pertinent mention here that if the complainant was I aware about the respondent bank is Frizzlblocked so he can come forward in respondent office but there after the complainant never approached the respondent to restore the allotment and made payment' IV.

It is further imperative to note that despite many undulations such as Covrcl floss of 6 months), GRAP Restrictions and most importantly non compliance on the part of the 'lntended Beneficiaries'/allottees/ complainant(s); i.e. t(s); i.e. non-payment, the respondent has still fulfilled our obligations in terms of completing the construction, and has already applied l for the OC in ttre month of December 2023; even whilst facing the disruption in supply chain, migration of labourers due to Covid, and without seeking any escalation linked to escalated cost of construction due to inflation.

Further, it had been also agreed and accepted that in case the delay is due to the reasons beyond the control of the respondent then thc Page 7 of 1,7 t/ HARERA GURUOl?AM Complaint No, 497 of 2024 respondent shall be automatically entitled to the extension of time for delivery of possessio'pr.

That it is pertinent to mention here that as per law of Affordable housing policy whom can apply this scheme only who have no house their name atld his spouse but in th[s case applicant are trying to put the curtain on this fact.

The complainant has grab a shelter of a needy person due to fieid the Affordable housing scheme because complainant has his own house and enjoying his life in a highly expensive society of Haryana' VI.

That, moreover thei applicant somehow wants to harass the answering respondent as the piea of the applicant is mere a fagade/pretense through : the real intentions are otherwise and such a calculative and cunning act of the applicant has cbnveyed not only a wrong message to mislead the Authority but also a threat in mind of answering respondent so as to succumb to the illegdl, illogical and unjustified demand of the applicant.

E.l Territorial i urisdiction B.

As per notification no. t'1lz1zo17-LTCP dated t4.L2.201,7 issued by Town and Country Planning Department, the jurisdiction of Real Estate Regulatory Authority, Gurugram shall be entire Gurugram District for all purpose.

In the present case, the project in question is situated within the planning area of Gurugram District.

Therefore, this authority has complete territorial jurisdiction to deal with'the present complaint. i E. aint. i E.II Subiect matter iurisdiction g.

Section 11(a)(al of ttr,e Act, 201,6 provides that the promoter shall be responsible to the alloftees as per agreement for sale.

Section 11[a](a) is reproduced as hereundqr: E. furisdiction of the authoritY i 7.

The authority observes that it has territorial as well as subject rnatter jurisdiction to adjudicate the present complaint for the reasons given below.

Section 77,...

PageS oflT ( ffi ffi w ffi HARERA GUI?UGl?AM ft) fhe promoter shall- (a) be respo4sible for all obligations, responsibilities and functions under the prolvisions of this Act or the rules and regulations made thereunder or'go the allottees as per the agreement for sale, or to the association of qllottees, as the cqse mqy be, till the conveyance of all the apartments, plbts or buildings, as the case mqy be, to the allottees, or the common areasito the association of allottees or the competent authority, as the case may, be; Section 34-Functions of the Authority: 3a(fl of the Act provides to ensure compliance of the obligations cast upon the prom'gters, the allottees and the real estote agents under this Act and the rules and regulations made thereunder.

10.

So, in view of the prlvisions of the Act quoted above, the authority has I complete jurisdiction to decide the complaint regarding non-compliance of obligations by the prirmoter leaving aside compensation which is to bc decided by the adjudi stage.

F.

Findings on the relieflsought by the complainant.

F.I Direct the respon{dent to pay interest @ 8.650/o per annum as per the prevailing MCLR iate plus 2o/o on the paid amount of Rs.13,50,064/- for delay period $tarting from L6.O9.2020 till actual handover of the physical possession by the respondent to the complainant with penal interest, given that L6.O9.ZO2O was the promised date of delivery of possepsion (along with pendente lite and future interest till actual posses$ion) and waive off the illegal interest etc. raised by the respondent. espondent. ; il ting officer if pursued by the complainants at a later The complainant bookgd a unit in the affordable group housing colony project I of the respondent knoWn as "Sixty-Three Golf Drive" situated at sector 63-4, unit no.

105, in tower -f for a sale consideration of Rs.1j4,82,480/-.

A buyer's agreement was executed on 1,2.04.2016.

The possegsion of the unit was to be offered with 4 years from approval of building $lrnr (10.03.2015J or from the date of environment I clearance (L6.09.2016); whichever is later which comes out to be L6.09.2020.

Further, as per HARBRA notification no.

9/3-2020 dated 26.05.2020, an Complaint No.

497 of 2024 Page 9 of17 , l HARERA GUl?UGl?AM Complaint No.

497 of 2024 extension of 6 months ls granted for the projects having completion date on or after 25.03.2020.

The bompletion date of the aforesaid project in which the subject unit is being iallotted to the complainant is t6.Og.2O2O i.e., after I 25.03.2020.

Therefore,ian extension of 6 months is to be given over and abovc the due date of handin[ over possession in view of notification no.913-2020 i dated 26.05.2020, on account of force majeure conditions due to outbreak of l Covid-19 pandemic.

As far as grace period is concerned, the same is allowed for the reasons quoted above.

Therefore, the due date of handing over ! possession comes out tp be 16.03.2021,.

12.

The complainant is alivays ready and willing to retain the allotted unit in i question and has paih a sum of Rs.

13,49,064/- towards the said unit.

I However, the respondbnt on the other hand had cancelled the unit of the complainant on 22.04.2024 after sending a final reminder letter dated i 1,5.03.2024 stating non-payment of last instalment as the ground for a cancellation.

In line wifih the aforesaid facts, the written submission filed by 1 the parties and documents placed on record, the main question which arises I before the authority fo! the purpose of adjudication is that "whether the said cancellation is a v ion is a valid in the eyes of law?" l 13.The Authorily notes t{rat the respondent issued a letter dated 12.04,2024, "l instructing the complrainant to process the payment of the outstanding I amount against the allcitted unit.

However, the Authority notes that this letter did not specify ,ny ,riount to be paid by the complainant.

In response, the i complainant sent a letter on 1,7.04.2024, requesting updated account details for depositing the Qutstanding amount.

Despite this, the respondent proceeded to cancet ttrg unit on 22.04.2024. i 14.

Based on the documents presented, it is evident that the respondent's actions : demonstrate malafide intent.

The respondent issued a payment requcst without specifying thel required amount and cancelled the unit despite the Page 10 of 77 { HARERA GURUGI?AM Complaint No.

497 of 2024 i complainant's clear willingness to pay and continue with the project, as evident by the letter !dated 17.04.2024 and from the complaint wherein I complainant is seeking,possession of the subject unit.

15.

Additionally, the respf,ndent was required to hand over the project by i 16.09.2020 under the Affordable Housing Policy, 201,3, excluding the COVID- 19 grace period.

Everi with a six-month grace period in lieu of Covid-19 I pandemic to 16.03.202i1,, the respondent failed to complete the project.

Morc l than three years later,j the project remains incomplete, and the respondent has not obtained the ocicupation certificate from the competent authority.

The interest accrued duririg the delay period significantly reduces the amount ,- I payable by the complqinant.

The respondent's actions were in bad faith, as I they failed to adjust the delay period interest and issue an updated account statement, provide a s$ecific payment amount to be paid by the complainant. .,i In light of these findin'fs, the cancellation of the allotmen t on 22.04.2024 is t: deemed invalid and is fie.eUy quashed as issued in bad faith. ru 16. th. ru 16.

In the present complairlt, the complainant intends to continue with the project and is seeking delay $orr.rrion charges as provided under the proviso to i Section 1B(1) of the Act.

Section 18[1J proviso reads as under. "section 7B: - Retrirn of amount qnd compensation t' 1B(1).

If the pro^Qtu fails to complete or is unable to give possessron of an apartment, pliot, or building, - i Provided that whe're an allottee does not intend to withdraw from the proiect, he shqll bq paid, by the promoter, interest for every month of delay, till the hany'ing over of the possession, at such rate as muy be prescribed." I 17.Clause 4 of the buyer'q agreement provides for time period for handing ovcr' l of possession and is re$roduced below: "4-Possession ii The Developer shalll endeqvour to handover possession of the said flat within q period ?f four years i,e.

4B months from the date of I i .^-^1i ^ca '/ I PageLLofTT l I HARERA ffiGUI?UGRAM Complaint No.

497 of 2024 commencement offuroject, subject to force majeure & timely pqyments by the ollottee towgrds the sale consideration, in qccordance with the terms as stipulated'tin the present ogreement." 18.

The authority has goneittr.ougt', the possession clause of the agreement.

At the i outset, it is relevant do .o--ent on the pre-set possession clause of the 1' agreement wherein the possession has been subjected to all kinds of terms 1 and conditions of this lagreement and the complainant not being in default I under any provision ofl this agreement and in compliance with all provisions, I formalities and documdntation as prescribed by the promoter.

The drafting of this clause and incorporation of such conditions is not only vague and uncertain but so heav]ity loaded in favor of the promoter and against the I allottee that even a sidgle default by the allottee in fulfilling formalities and documentations etc. aslprescribed by the promoter may make the possessir. possessir.rn ' clause irrelevant for the purpose of allottee and the commitment date for handing over possessiJ,n loses its meaning. t Lg.Moreover, the projectiwas to be developed under the Affordable Housing I Policy, 2013, which cfearly mandates that the project must be delivered I within four years frdm the date of approval of the building plan or I environmental clearantce, whichever is later.

However, the respondent has chosen to disregard thg policy provision and has instead opted to reiterate its own self-serving, p..-rlt possession clause. : 20.

While crafting such ufifair clause, the respondent has openly exploited its dominant position, effeiptively leaving the allottee with no choice but to accept I and sign the documerit.

This conduct by the respondent demonstrates its I blatant disregard for fhe allottee's rights and its prioritization of its own I unfair advantage over lthe allottee's lawful entitlements.

It should be drafted i in the simple and unAmbiguous language which may be understood by a i' common man with an iordinary educational background.

It should contain a I provision with regardl to stipulated time of delivery of possession of the I Page LZ of 17 I ffiHARER,& ffiGURUGRAM apartment, plot or br]rilding, as the case may be and the rights of the i buyer/allottees in caseiof delay in possession of the unit.

I 21.

Admissibility of delaf possession charges at prescribed rate of interest: The complainant is lseet ing delay possession charges till delivery of i possession.

Proviso toiSection 18 provides that where an allottee does not I intend to withdraw fiom the project, he shall be paid, by the promotcr, interest for every month of delay, till the handing over of possession, at such rate as may be prescrlbed and it has been prescribed under Rule 15 of thc Rules, ibid.

Rule 15 hasjbeen reproduced as under: "Rule 75. "Rule 75.

Prescrinla rate of interest- [Proviso to section 12, section 78 and sub-sectionl@) and suhsection (7) of section 791 (1) For the purposebTproviso to seciion 72; section L8; and sub-sections (4) and (7) of seCpion 79, the "interest at the rate prescribed" shall be the State Bank of {ndia highest marginal cost of lending rate +2%o.: Provided that in ca$e the State Bank of India marginal cost of lending rate (MCLR) is not iitr use, it shall be replaced by such benchmark lending rates which the Statl Bank of India may fix from time to time for lending to the general public," I 22.The legislature in its wisdom in the subordinate legislation under the provision of Rule L5 of the Rules, ibid, has determined the prescribed rate of I interest.

The rate of irJterest so determined by the legislature, is reasonable f and if the said rule is followed to award the interest, it will ensure uniform practice in all the casesi 23.

Consequently, as per r,tlrebsite of the State Bank of India i,e., https://sbi.co.in, i the marginal cost of le4ding rate (in short, MCLR) as on date i.e., 23.1.0.20 24 ts 9.1-0o/o.

Accordingly, ttrle prescribed rate of interest will be marginal cost of I lending rate +2o/o i.e., 1l.LOo/0.

I 24.The definition of term 'interest' as defined under Section 2(za) of the Act provides that the rale of interest chargeable from the allottee by the promoter, in case of dLfault, shall be equal to the rate of interest which the I Complaint No, 497 of 2024 Page 13 ofLT r' i t t I I I i the interest payable by the allottee to the promoter shall be from the date the allotteet,defaults in payment to the promoter till the date it is Paid;" i 25.

Therefore, interest oni the delay payments from the complainant shall be i charged at the prescribed rate i.e., 11.10 % by the respondent/promoter HARERA ffiGUI?UGI?AM Complaint No. plaint No.497 I promoter shall be liable to pay the allottee, in case of default, The relevant section is reproduced tielow: '(za) "interest" ^rf,n, the rates of interest payable by the promoter or the allottee, as tle case may be.

Explanation. -For fir, purpose of this clause- O the rate of interlst chargeable from the allottee by the promoter, in case of default,l shalt be equal to the rate of interest which the promoter shatl fu ttabte to pay the allottee, in case of default. (ii) ihe interest prylUt, by thi promoter to the allottei sniU be from the date the promo{er received the amount or any part thereof till the date the amounlor part thef-Qaiand interest thereon is refunded, and which is the same as ip being granted to them in case of delayed possession charges.

26.On consideration of thd documents available on record and submissions made regarding contraventio[r of provisions of the Act, the authority is satisfied that the respondent is in cintraveltipn**o,,f, tle Section Ll(a)(a) of the Act by not handing over possessi{n by the due date as per the agreement.

By virtue of due date of handing over of possession is reckoned from the date of environment clearrn..lbeing later.

Therefore, the due date of handing over of clause 4 of the buy..'l agreement, the possession of the subject apartmen[ i was to be delivered wi{hin 4 years from the date of commencement of project I (as per clause 1(iv) of ,Affordable Housing Policy,2013, all such projects shall I be required to be necebsarily completed within 4 years from the approval of building plans o. g.rn]r of environmental clearance, whichever is later.

This date shall be referred lto ,, the "date of commencement of project" for the i purpose of this policyJi.

In the present case, the date of approval of building plans is 10.03.2015, anid the date of environment clearance is 16.09.2016.

Thc Page 14 of 77 HARERA Complaint No.

497 of 2024 per HARERA notification I no.9/3-2020 dated24.05. ated24.05.2020, an extension of 6 months is granted for the I projects having compl{tion date on or after 25.03.2020, The completion date i of the aforesaid projept in which the subject unit is being allotted to the i complainant is 16.09.2020 i.e., after 25.03.2020.

Therefore, an extension of 6 i months is to be given oVer and above the due date of handing over possession I in view of notificationj no.9/3-2020 dated 26.05.2020, on account of force I majeure conditions due to outbreak of Covid-19.

As such the due date for I handing over of possesiion comes out to be t6.03.2021,.

I 27.\t is the failure of the f,romoter to fulfil its obligations and responsibilities as per the buyer's ag.eenfent to hand over the possession within the stipulated 11(4)[a) read with on 1B[1) of the Act on the part of the respondent is handing over of poss'ession or valid offer of possession plus 2 months, I whichever is earlier a$ per provisions of Section 1B(1) of the Act read with Rule 15 of the Rules, ibid.

1 28.

Further, as per Section jf Z1f l of the Act of 201,6, the respondent is obligated to I handover physical possession of the subject unit to the complainant.

I Therefore, the respondent shall handover the possession of the allotted unit as per specification df tn. buyer's agreement entered into between tht: I parties, after receiving occupation certificate from the competent authority.

G.

Directions of the Autf,iority 29.

Hence, the authority lhereby passes this order and issues the following directions under Sectiop 37 of the Act to ensure compliance of obligations cast established.

As such thf complainant is entitled to delay possession charges at rate of the prescribed [nterest @ LL.L\o/o p.a. w.e.f.

16.03.2021 till the actual I upon the promoter a$ per the function entrusted to the authority under I Section 34(f): I Page 15 of t;V' period.

Accordingly, thp non-compliance of the mandate contained in Section ffiHARERA ffiGURUGRAM II.

Complaint No. plaint No.497 of 2024 The respondent is directed to pay delay possession charges to the complainant against the paid-up amount at the prescribed rate of interest i.e.,lL.L|o/o p.a. for every month of delay from the due date of possession 16.03.2021 till valid offer of possession plus two months, after obtaining occupation certificate from the competent Authority or actual handing over of possession, whichever is earlier as per proviso to Section 18(1) of the Act read with Rule L5 of the Rules, ibid.

The arrears of such interest accrued from due date of possession of each case till the date of this order by the authority shall be paid by the promoter to the allottee within a period of 90 days from date of this order and interest for every month of delay shall be paid by the promoter to allottee(sJ before 1Oth of the subsequent month as per rule 1,6(2) of the rules.

The complainant is directed to pay outstanding dues, if any, after adjustment of interest for the delayed period.

The respondent is directed to offer the possession of the allo(ted unit within 30 days after obtaining occupation certificate from the competent authority.

Section 19(10) of Act of 2016ion conferred upon her under Section 19(10) of Act of 201,6, shall take the physical possession of the subject unit, within a period of two months of the occupancy certificate.

The rate of interest chargeable from the allottee by the promoter, in case of default shall be charged at the prescribed rate i.e., 1\.1.0o/o by the respondent/promoter which is the same rate of interest which thc promoter shall be liable to pay the allottee, in case of default i.e., the delayed possession charges as per Section Z(za) of the Act.

The respondent shall not charge anything from the complainant is not the part of the buyer's agreement.

IV.

V. which tV Page 16 of L7 ffiHARERA *&- GURUGRAM 30.

Complaint stand disposed of.

31.

Files be consigned to registry. a"rpt"* ^" -r^t ^l4 Dated: 23JO.2O24 /\ /.

2O24 /\ /. \,- Ashok Sarffiwan (ruem{e{ Haryana Realpftate Regulatory Auttlority, Gurugram PageLT oftT