SANDEEP SETH AND NIKHIL SONI vs ADVANCE INDIA PROJECTS LTD.

Due to paucity of time, the matter could not be heard.Matter to come up on 01.08.2024 for further proceedings.

The present complaint was received on 29.05.2023 and the reply on behalf of respondent no. 1 was received on 29.11.2023. On the last date of hearing i.e., 18.01.2024, respondent no. 2 was directed to file a reply within 15 days i.e., by 08.02.2024 in the registry with a copy to complainant. Today none appeared on behalf of respondent no. 2, nor has any written reply been filed till date. In view of the above, the defense of the respondent no. 2 stands struck off and proceeded as ex-parte. Succinct facts of the case as per complaint and reply are as under: S. No. Particulars Details 1.       Name of the project AIPL Joy Street 2.       Project location Sector 66, Village Maidawas & Badshahpur, Gurugram, Haryana 3.       Project type Commercial Colony 4.       DTCP License 07 of 2008 dated 21.01.2008 and 152 of 20098 dated 30.07.2008 5.       HRERA registration Not registered 6.       Allotment letter dated 06.05.2016 (As per page no. 26 of the complaint) 7.       Date of apartment buyer agreement 08.06.2016 (As per page no. 28 of the complaint) 8.       Unit no. 116 on floor GF (As per page no. 36 of the complaint) 9.       Unit area admeasuring 147.90 sq. mtrs. (super area) (As per page no. 36 of the complaint) 10. Possession clause 1.2 The allottee agrees and understands that…. If however during the process of construction upon the process of construction upon expiry of 42 months or 48 months (including grace period), as the case may be from 1 January 2016, there. 11.              Environment Clearance Certificate 11.07.2012   12.              Due date of possession 01.07.2019 (As per page no 37 of the agreement) 13.              Total sale consideration Rs.19,353,565/- (As per page no. 65 of the complaint) 14.              Amount paid by the complainant Rs. 2,03,28,063/- (As per page no. 117 of complaint) 15.              Assured return 32. Where the Allottee has opted for Payment Plan as per Annexure-A attached herewith and accordingly, the company has agreed to pay Rs. 48,572/- per month by way of assured return to the Allottee from 08/05/2016 till date of issue of notice of Possession of the Unit. The return shall be inclusive of all taxes whatsoever payable or due on the return. (As per page no. 46 of the complaint) 16. Occupation certificate 28.09.2020 17. Offer of possession 03.10.2020 The counsel for the complainants states that  offer of possession made by the respondent on 03.10.2020  is only a constructive possession and not  a offer for physical hand over of possession which is required to be made as per clause 11 and 12 of the BBA.  Further as per BBA car parking number was to be specified which is not specified in offer and hence respondent be directed to make physical offer of possession with car parking as per BBA and to pay the assured return till such offer. The counsel for the respondent states that  a valid offer of possession stands made on 3.10.2020 after obtaining OC and as per clause 33 to be read with clause 43 of the application form, the unit can be leased either singularly or combination. Both the parties may file written submissions within 2 weeks with an advance copy to each other. Matter to come up  on 25.07.2024 for further proceedings.

The present complaint was filed on 29.05.2023 and a reply on behalf of respondent no. 1 was received on 29.11.2023. However, no written reply has been filed by the respondent’s no. 2. One more and final opportunity is being given to respondent No.2 for filing of reply within 15 days with an advance copy to the complainant. In case reply is  not filed within the stipulated period, the defence of respondent No.2 shall be struck off. Matter to come up  on 04.04.2024 for further proceedings.

Matter is adjourned to 18.01.2024.