SUNIL KAUSHIK vs PIVOTAL INFRASTRUCTURE PRIVATE LIMITED

The present complaint has been received on 18.12.2023 and reply on behalf of respondent was received on 09.05.2024. Succinct facts of the case as per complaint and annexures are as under: S.No. Particulars Details 1.        Name and location of the project “Ridhi Sidhi” at sector 99, Gurgaon, Haryana 2.        Nature of the project Affordable Group housing 3.        Project area 6.19375 acres 4.        DTCP license no. 86 of 2014 dated 09.08.2014 Valid up to 08.08.2019 5.        Renewal of DTCP license Vide Memo no. LC-3074-PA(VA)-2023/6666 dated 06.03.2023 Valid upto 30.06.2023 (page 43 of reply) 6.        RERA Registered/ not registered Registered vide no. 236 of 2017 dated 19.09.2017 valid upto 08.08.2019 7.        Registration extension vide no.  Harera/GGM/REP/RC/236/2017/ EXT/177/2019 dated 30.12.2019 Valid upto 31.08.2020 8.        Unit no. 0607, 6th floor, Tower-T6  (As per page no. 31 of the complaint) 9.        Unit area admeasuring 487 sq. ft. (Carpet area)  (As per page no. 31 of the complaint) 10.   Date of allotment 05.09.2015 (As per page no. 22 of the complaint) 11.   Date of builder buyer agreement 23.10.2015  (As per page no. 30 of the complaint) 12.   Date of building plan approval 17.10.2014 (As per page no. 19 of the reply) 13.   Environmental clearance dated 22.01.2016 (As per page no. 25 of the reply) 14.   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 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 sanction of building plans for the Project or the date of receipt of all the environmental clearances necessary for the completion of the construction and development of 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.” (Emphasis Supplied) (As per page no. 40 of the complaint) 15.   Due date of possession 22.01.2020 [Due date of possession calculated from the date of environmental clearance dated 22.01.2016, being later] 16.   Total sale consideration Rs.19,98,000/- (As per BBA at page no. 33 of the complaint) 17.   Amount paid by the complainant Rs.21,44,386/- (As alleged by the complainant on page no. 11 of the complaint) 18.   Application for OC 22.12.2022 (As per page no. 38 of complaint) 19.   Occupation certificate Not obtained 20.   Offer of fit out possession 24.06.2023 (As per page no. 66 of complaint) 21.   Offer of possession Not offered The complainant has sought following reliefs:      i.              To pay DPC till actual handing over of possession and valid physical possession after occupation certificate.   ii.              To direct the respondent to provide benefit of VAT rebate and GST input credit as applicable to the complainant along with interest. iii.              To waive off the illegal and arbitrary interest charged by the respondent on the complainant. iv.              To direct the respondent to reimburse litigation cost of Rs.1,50,000/- to the complainant.   The counsel for the complainant requests for grant of DPC as despite having paid 100% of the consideration amount, the unit is not yet completed or handed over and allottee wishes to continue with the project and hence is entitled to DPC in terms of section 18 of the Act till handing over of possession after obtaining OC.   The AR of the respondent states that unit has been completed and OC has been applied but not yet granted, hence the offer of possession shall be made after obtaining OC. Arguments heard. In view of the above, delayed possession charges are allowed at the prescribed rate of interest i.e. 11% p.a. from the due date of possession till offer of  possession or actual handing over of possession plus two months after obtaining occupation certificate, whichever is earlier. Matter stands disposed off. Detailed order will follow.

Reply filed by the respondent in the registry today taken on the record. As pleadings are complete so matter is listed before the authority on 25.07.2024 for final arguments.

Authority letter for appearance filed on behalf of the respondent. Reply not filed. Adjournment requested. Now the case is adjourned for 09.05.2024. Respondent is hereby directed to file reply within three weeks of this order in the registry with advance copy to the complainant subject to last opportunity failing which defence of respondent may be struck off.