MS SHEENU MALHOTRA vs ANSAL HOUSING LIMITED

HARERA M.

GUI?UGI?AM BEFORE THE HARYANA REAL AUTHORITY, GURU Complaint no.

Date of filing: Date of Sheenu Malhotra Address : 1632,SP.

Mukherjee New Delhi-1.10006.

Versus t.

M/s/ Ansal Housing Li Address: - Floor-2nd, An Near Vaishali Metro S Uttar Pradesh-20101 2.M/s.lshKripa Prop Address:- Sidhartha Plot no.

6, Sector -44, Gu CORAM: Shri Vijay Kumar Goyal APPEARANCE: Ms.

Priyanka Agarwal (Advocate) Sh.

Amandeep Kadyan None ORDER The present complaint dated ZO.IZ.ZOZT complainant/allottee in Form CRA under (Regulation and Development) Act, 201,6 (in 28 of the Haryana Real Estate (Regulation a fin short, the Rules) for violation of section ]. a)(a) of the 2017 TE REG RAM of 2022 2022 1.2025 plainant ent no.1 no.2 has been on 31 of by the Estate the Act) with rule Developmen Complaint No.

7687 of Z0ZZ Respondent no.1 Respondent no.2 Member 1. a.

Page 1 of 18 A.

2 HARERA GURUGl?AM is inter alia prescribed that the promoter obligations, responsibilities and functions agreement for sale executed inter se them.

Project and unit related details The particulars of the project, the details of sale co amount paid by the complainant, date of han possession, delay period, if any, have be for all the all per the tion, the over the detailed in following tabular form: of 2022 Project name and Nature of project Transfer of u complainant allottee ,of complaint) Date of build agreement of complaint) Unit no.

Area admeasuring Possession clause of the Unit of 36 execution obtaining and a any time, Agreemen from the req period within 2of18 s.N.

Particulars Details 1. "Estella", iector L03 Gurugram 2.

Group Housing Project 3.

RERA registered/not registered Not registe red 4. t4.06.20L'. (page no.

5 5.

03.1A.201.1 (page no,2 6.

K-0803 [page no.3 of complaint) 7.

1330 sq.ft. [page no.3 of complaint) i 8. {r, B.

3.

I F ffi,HARERA h a:RUGRAM commen( whicheve payment r subject circumsta 32.

Furth period of Develope of 36 mor possessior ;. sessior ;.(Emiphasi: ement of construction, r is later subject to timely rf all the dues by Buyer and to force-majeure lces as described in clause )r, there shall be a grace 6 months allowed to the 'over and above the period lhs as above in offering the of the Unit. supplied) 9.

Due date of possession 03.04.20L agreemen of constru months I unqualifie "hs from the date of i.e t13.10.2012 as the date tion is not on record plus 6 race period allowed being ) 10.

Total sale consideration Rs.43,4I,2 (as per pa5 complaintl o/- rent plan on page no.47 of 11.

Paid up amount Rs.30,33,2 (as stated 5 of compl: ;L/- ry the complainant at page int) t2.

O ccupation certificate Not obtain 13.

Offer of possession Not Offerer lacts of the complaint The complainant has made the following subm That the previous buyer,s booke d aZ BHK flat lhe residential project "Ansal Sidharthas Estel Haryana.

As per the transfer letter daterl 14.0 rmount of Rs.6,53,403/-was paid by the prev nras endorsed by respondent in the favour of cc ;sions in their complaint: rdmeasuring 1330 sq. ft. in a", Sector L03, Gurugram, ;.201.1, the initial booking cus allottee and the same nplainant.

Page 3 of 18 ffi ffi Complaint No.

7687 of 2OZZ AI w II ffiHARERA ffi-.

GURUGRAM That the apartment buyer agreement dat between M/s Ansal Housing Ltd. & M/s Ish K complainant.

The respondent created a false be completed in time bound manner and in persistently raised demands with threat compounded rate of 240/o for any delay in That as per clause 23 of the apartment buy charged very high interest rate i.e.

Z4o/o quarterly.

Furthermore, according to claus failed to pay due instalments within stipul could cancel the agreement and forfeit the any notice to buyer which in itself is perverse That the total cost of the unit was Rs.

Rs.30,33,26L/- has been paid by the complai till date.

That the respondent through fra complainant to pay Rs. to pay Rs.30,33,261/- by z declined to complete the project after coll been no progress in construction from 2015 o That the the apartment buyer agreement was per the apartment buyer agreement, the res possession on before 03.04.201,6.

That as the delivery of the apartment was d prior to the coming into of force of the GST A it is submitted that the complainant is no financial burden of GST due to the delay Therefore, the respondent should pay complainant but just reversed builder Complaint No.

7687 of Z02Z 03.10.2012 was executed pa Properties Pvt.

Ltd. and belief that the project shall the garb of this agreement of levying interest at a ent. agreement, the buyer was per annum, compounded 24 of agreentent, if buyer period, the respondent nest money, without giving n nature. ,4L,250/- and a sum of nt in time bound manner ulent means coerced the 05.2017.

The respondent ing money and there has wards. executed on 03.10.2012.

As liadle to offer ondent was on 03.04.20L6 which was 2}t6i.e. before fuly, 20L7, liable to incur additional ed by the respondent.

GST on behalf of the collected the GST from Page 4 of 18 VI.

V.

C.

4.

I. ffiHARERA ffi GuRuGRAM complainants and enjoy the input credit as investigation.

Reliefs sought by the complainant The complainant is seeking the following reli Direct the respondent to pay interest for p.a. from due date of possession till the h possession of the unit. i, III.

Direct the respondent to complete the p over the possession of the nat witG,hlt .

5. the brochure.

Direct the respondent to quash the one sid buyer agreement.

Pass an order for payment of GST amount I and taken the benefit of input credit by buil On the date of hearing, the Auth respondent/promoter about the contraventi committed in relation to section ll(4)(a) of th plead guilty.

Reply filed by the respondent no.1.

The respondent no.l" has contended the grounds: That the complainant approached the res ZBHK flat admeasuring 1330 sq. ft. in the Gurugram.

Gurugram.

That the apartment buyer ag 03.10.2012.

D.

6. .

That the current dispute cannot be gover Page 5 of 18 Complaint No.

7687 of 2022 bonus, this is also matter of ery month of delay @ 240/o of the physical nding over ject sic immediately and hand amenities mentioned in clauses from the apartment vied upon the complainant r. rity explained to the n as alleged to have been Act to plead guilty or not to mplaint on the following ndent for transferring of oject "Estella", Sector L03, ment was executed on by the RERA Act, 2016 II ffiHARERA ffi ouRUGRAM because of the fact that the apartment b between the complainant and the respo regulation at that concerned time period not a subsequent legislation i.e.

RERA Act, that Parliament would not make the operati in effect. .

That the respondent had obtained all n concerned authorities.

The enviroh ental ' ;;"';-i' . obtained by the respondent on digging the foundation and the department of minesand respondent have in a timely and prompt requisite compliances be obtained and delayed possession to the complainant.

That the apartment buyer agreement provid the cause of delay is completely respondent ought to have complied with th extraction of water which is the backbone The complaint itself reveals that the respondent specifies force majeure, demo the Hon'ble NGT prohibiting construction Covid-19 pandemic among others as the ca stalling of the project at crucial junctures for Copies of all the relevant documents have record.

Their authenticity is not in dispute. /N, Page 6 of 18 Complaint No.

7687 of Z0ZZ yer agreement was signed ent in the year 2Q12.

The ld regulate the project and 016.

It is further submitted n of a statute retrospective sary approvals from the arance for the project was Similarly, the approval for tained and sanctions from ined in 2012.

Thus, the manner ensured that the ,be faultBd on giving for such eventualities and in the said clause.

The orders of the Hon'ble High n CWP wo. n CWP wo.

2Qo3 z of 2008, said orders banned the the construction process. rrr:spondence from the tization and the orders of in and around Delhi and which contrributed to the nsiderable spells. been filed and placed on nce, the compla[nt can be IV.

VI F.

B.

F.I 9.

HARERA M GURUGI?AM Complaint No.

7687 of ZOZZ ,rr Lrrc udsrs ul rnose unolsputto <locuments and written submissions made by the parties and *1fro reiterated their earlier version as set up in the pleadings.

E.

Exparte against respondent no.Z 7 ' The authority observes that the present .ornptfint was filed .n ZO.IZ.ZOZZ.

The counsel for the respondent no.2 neither {ppea.ed nor liled the reply in the complaint.

Despite specific directiorfs, v,ide proceedings dated 07.04.2023, 01,.09.2023, 1.5.09.2023, 1.5..J,2.2023,29.03.2024,26.07 .2024 it failed to comply with the ordlrs 1f the a{thonirl.

It shows that the respondent no.Z was intentionally delaying th[ nrocedure of the court by avoiding to file written reply.

Therefore, the afrthoriry assunres/ observes that it has nothing to say in the present matter and ac,rordingly the authority proceeds with the case exparte against respondent no.

2. |urisdiction of the authority: The authority observed that it has territoria jurisdiction to adjudicate the present complfint for the reasons given below.

Territorial iurisdiction As per notification no.

1/92/zafi-LTCP dated 1,4.72.2017 issued by Town and country planning Department, the iu[isaiction of Real Estate Regulatory Authority, Gurugram shall be entirle Gurugram district for all purpose with offices situated in Gurugram.

In ttre present case, the project in question is situated within the planning f.., of Gurugram district, therefore this authority has complete territorift jurisdicrion to deal with the present complaint.

F.Itr Subject-matter jurisdiction Page 7 of 18 ffiHARERA ffiGURUGnAM .

GURUGnAM .

Section 11[ J(a) of the Act, responsible to the allottee as reproduced as hereunder: Section 11@)(a) Section 77 ft) fhe promoter shalt_ (a) be responsible for alt obligotions, re under the provisions of this Act or conveyance of all the apar may be, to the allotteei, of allottees or the ,o^ie _ of allottees or the comph,fqld.a[tilortty, So, in view of the provision, oi iir.'a.t quoi complete jurisdiction to decide the complaint obligations by the promtt.. t.iring aside co decided by the adjudicating officer if pursued Findings on the objections raised by the .I Objection regarding jurisdiction of the buyer agreement executed prior to co he respondent no.

L submitted that the compl or tenable and is liable to be outrightly dism greement was executed between the parties p ct and the provision of the said Act cannot be a he authority is of the view that the provi ve to some extent in operation and greements for sale entered into even prior to ct where the transaction are still in the owhere provides, nor can be so construed, Page 8 of 18 20L6 provides per agreement t the promoter shall be br sale.

Section 1,L(4)[aJ is ilities and functions made thereunder or to the allottees rules and regulations per the agreement for sale, or to the association, of,gilottees, the case moy be, till the or buildings, as the case areas to the association the case may be; above, the authority has rding non-compliance of pensation which is to be the complainant at a later t no.

1: mplaint w.r.t the builder into force of the Act. int is neither maintainable as the bufllder buyer's or to the enactment of the plied retrospectively. of the Aft Bre quasi uld be applicable to the ing into operat[on of the of completion.

The Act t all previous agreements Complaint No.7687 of Z0ZZ 14.

HARERA of GUl?UGRAM L22. would be re-written after coming into fr provisions of the Act, rules and agreement ha harmoniously. moniously.

However, if the Act has provi specific provisions/situation in a spe cific/ situation will be dealt with in accordance wit the date of coming into force of the Act and th of the Act save the provisions of the agreemen and sellers.

The said contention hq,s,p*ryphe of Neelkamal Realtors Suburban pvt.

Ltd.

Vs.

2017) decided on 06.L2.201,7 and which pro "11.g.

ILnder the provisions of Section LB,, possession would be counted from agreement for sale entered tnto by prior to ib registration under RERA. contemplate rewriting of contract the promoter...

We have already discussed that above are not retrospective in nature.

They the validity of the provisions of RERA Parliament is competent enough retrospective or retroactive ffict. tl l, affect subsisting / existing controctual detailed reports.,, Also, in appeal no.

173 of ZO1,g titled as Magic the promoter is given a facilit-y to the date of completion of project and declare the same under Complaint No.

7687 of Z02Z of the Act.

Therefore, the to be read ahd interpreted ed for dealing with certain rticular manner, then that L the Act and the rules after rules.

Numerous provisions made between the buyers d in the landmark judgment and others. (W.p 2757 ides as under: 'delay in honding over the dqte mentioned in the promoter and the allottee the provisions of REM, 4.

The REP/. does not the flat purchaser and which submitted its provisions of the RERA a retroactive or quasi retroac,tive to some extent be having but then on thst ground nnot be challenged.

The legislate law having ' can be even framed to between the parties in the larger public interest.

We do not ve any doubt in our mind that the REM has been framed in the thorough study and discussion made Standing Committee and Select Com public interest after a the highest level by the Developer Pvt.

Ishwer Singh Dahiya, in order dated L7.1,2.20 9 the Haryana Real Estate ppellate Tribunal has observed- "34. rved- "34.

Thus, keeping in view our aforesaid ussio4 we are of the of the Act qre quasi considered opinion that the provi, and will be applicable to retroactive to some extent in Page 9 of 18 G.I 16 ffiHARERA #- GURUGRAM possession clause 30 of the agreement the Page t0 of 18 Complaint No.

7687 of Z0ZZ completio,l.

Hence in cese of del, in the offer/delivery of possession as per the terms and 'tions of the agreement for sale the allottee shall be entitled to i ntere st/ d e I ay e d possession compensqtion mentioned in the zst as provided in Rule 15 of 'nd unreasonable rate of t for sale is liable to be ignored." .

The agreements are sacrosanct save and exc t for the provisions which have been abrogated by the Act itself.

Further it is noted that the builder- buyer agreements have been executed in the nner that there is no scope clauses contained therein. he charges payable under various heads shall be payab-,* ,rlp:er the agr charges on the reasonable rate of int the rules and one sided, unfair left to the allottee to negotiate an!.of the Therefore, the authority is of the view that departments/competent authorities and are other Act, rules and regulations made unreasonable or exorbitant in nature.

H mentioned reasons, the contention of the stands rejected. the agreement subject to the condition that with the plans/permissions appror/ terms and conditions of same are in accordance by the respective of in contravention of any ereunder and are not in the light of above- ndent w.r.q. jrnrisdiction the construction of the ions such as various orders na at Chandigarh in CWp 'J,2, 21.08.20 l.

2, Iockdown further led to shortage of tter the apartment buyer .L0.2012 an{ as per the ndent-developer proposes Objections regarding force majeure The respondent -promoter raised a contention project was delayed due to force majeure condi passed by Hon'ble High Court of punjab and Ha No.

20032 of 2008, dated 16.0T.ZOLZ, 3t.OT.

LZ, 3t.OT.z due to outbreak of Covid-19 pandemic which labour and demonetization.

In the present agreement was executed interse parties on H.

HARTRA ffiGURUGRAM to handover the possession of the allotted months from the date of execution of agreem of obtaining all the required sanctions an commencement of construction, whichever is I date of commencement of construction is therefore, due date is calculated from the da i.e., 03.10.20L2.

Further, as per clause 30, period of 6 months which is allowed.

Hence, comes out to be 03.04.Zlt6.fne.eVdhts such and Haryana High Court and demonetization time and were not continubus as there is a construction due to outbreak of Cdvid-f g,i, co into effect on 23.O3.ZOZO whereas the du possession was much prior to the event of ou Therefore, the authority is of the view that out Even today no occupation certifib#,,has,been Therefore, said plea of ih. ..rpondent is null be used as an excuse for non- performance deadlines were much before the outbreak itsel said time period is not excluded while calculati possession.

Findings of the authority on relief sought by i.

Direct the respondent to pay interest fo 24o/o p.a. from due date of possession til physical possession of the unit. ii.

Direct the respondent to complete the hand over the possession of the flat mentioned in the brochure.

Complaint No.

7587 of Z0ZZ nit within a period of 36 t or from date of approval approvals necessary for ter.

In the present case, the not available on records of execution of agreement shall be additional grace the due date of possession various orders by punjab for a shorter duration of of more than eight years. ived by the respondent. nd void.

As far as delay in , the lockdown came date of handing over of reak of Covid-19 pandemic. reak of a pandemic cannot f a contract fbr which the and for the said reason, the g the delay in handing over mplainant. mplainant. every montlr the handing, of delay @ over of the immediately and all the basic amenities Page 11 of 1B ffiHARERA ffictlRLrcRAM 17.

Since both the reliefs are interconnected, the present complaint, the complainant boo "Ansal Estella" being developed by the res Housing & Construction Ltd.

The apa executed between the parties on O3.LO.ZOLZ i K-0803 admeasuring 1330 sq. ft. of sale area. of the apartment was Rs.43,41,ZSO/_.

As per buyer's agreement dated 03.10.201.flr...,resp possession of the unit to the complainant with of execution of the agre...rr;;-;;'; obtaining all the required sanctions and a commencement of the construction, whichev.t failed to put on recordrd the documents wh determine the dates as to when the neces favour of the respondents for necessary con calculated 36 months from the date of exe agreement was executed between the complain 03.10.20 1,2, 36 months from 03.10.201_Z expire unqualified grace period is agreed between the respondents over and above the period of 36 m of the unit.

Thus, the due date for handing over the complainant comes out to be 03.04 .201,6.

T to obtain the occupation certificate from the date.

18.

The complainant is seeking delayed possession on the amount paid.

Clause 30 of the apartment Complaint No.

7687 of Z0ZZ are being dealt together.

In an apartment in the project ndent no.1 i,e., M/s Ansal t buyer's agreement was respect of unit bearing no. e total sale consideration Lause 30 of tLre apartment ndents undertook to offer n 36 months from the date of rovals necessary for the is earlier.

The respondents n'fr6m the Authority can sanctions were granted in ction.

The Authority have on of the agreement.

The nt ilnd the respondents on on 03.t0.2015.

Further an rties to be granted to the nths in offerinrg possession f possession of the unit to respondents have failed mpetent authorities till rges along with interest uyer agreement fin short, Page 12 of 18 ffiHARERA ffi GURUoRAM agreement) provide t) provides for handing over of p below: - 3_0.

The Developer shatt offer possession of 36 months from the date of execution 6 months allowed to the Developer over and obove in offering the possession of the lJnit.

19.

Admissibility of delay cha ion and is reproduced Unit any time, within a period of 'this Agreement or within 3-A and subject to force-mojeure ', there shall be a grace period of 'bove the period of 36 months as at prescribed rate of rere an allottee does not be paid, by (he promoter, ftrg over of possession, at 'p-,,,oscribed unfler rule L5 of to section 72, 'tion (7) of section t9l 72; section 7B; and sub- "interest at the rate highest marginal cost of India marginal cost of ll be replaced by such of India may fix from egislation uncler rule 15 of of interest.

The rate of ;onable and if thd said rule uniform practice in all the months from the date of obtaining all the sanctions and approval necessary for commencement of whichever is later subject to tiynely payment of att the duis by circumstances as described in clause i2. interest for every month of delay, till the ha such rate as may be pregeribed and it has been the rules.

Rule 15 has been reproduced as unde Rule 15.

Prescribed rate of interest- section 18 and sub-section (4) and sub: (1) For the purpose ofproviso to set sections (4) and (7) of section 19, prescribed" shall be the Stote Bank of It lending rate +296.: Provided that in case the State Bank 20.

The legislature in its wisdom in the subordinate the rules has determined the prescribed ra interest so determined by the legislature, is is followed to award the interest, it will ensure cases.

2l-.

Consequently, as per website of the https://sbi.co.in. the marginal cost of lending te te Bank of India i.e., fin short, MCLR) as on interest: Proviso to section l_B provides that intend to withdraw from the project, he shal tv Page 13 of 18 Complaint No.

7687 of Z0ZZ ffiHARERA ffi GUIIUGRAM Complaint No. plaint No.

7687 of Z0ZZ date i'e', 24'0L'2025 is 9-L0o/0.

Accordingly, the prescribed rate of interest will be MCLR +20/o i.e., 11,.L00/0.

22'The definition of term 'interest' as defined under section Z(,za) of the Act provides that the rate of interest chargeable from the allottees by the promoter, in case of default, shall be equal to the rate of interest which the promoter shall be liable to pay the allottees, in case of default.

The relevant section is reproduced below: "(zo) "interest" mea.ns thq rq..pJ oJ interept payable by the promoter or the allottees, as the case mi;av b'i.

Explanation. -For the puriffitif#td ctattse- (i) the rate of ilyr-esi. cfr-."ragqte iyom the anottees by the l.::y:t:! in case of a.eflwla,i\ait"'be eq[ar tu the rate qi i;ir;r:; y:::,:.0, promoter shail be tiiabte rc [ay tn,e artiou)rr, i, case of default; (ii) the interest payable b,1t the, to the allottees shall be f::,^,::, j:y :!:4:_?y",:i ieceivid !, ,i;;;; ;,-;';;"po,t thereof till the dote the amount or part and interest thereon is :!:,io:!, ::! t!: interest.pay1!te bt thr' ,,otlurr:; ,"-;;, t)romoter shall be from the date the altotteis promoter till the date it is paid;,, 23.

Therefore, interest on the delay payments fro charged at the prescribed rate i.e., 11..7}o/o by same is as is being granted to the compl possession charges.

24. on consideration of the documents avairabre made by the parties, the authority is satisfied contravention of the section 11(aJ(a) of the possession by the due date as per the ap executed between the parties on O3.LO.ZO1,Z. apartment buyer agreement dated 03.10.20 booked unit was to be delivered within 36 execution of the agreement or within 36 month ults in payment to the the complainant shall be he respondents which the inant in case of delayed record and submissions that the respondents is in Act by not handing over rtment buyel agreement per the clause 30 of the 2, the posse$siqn of the onths from the date of from the date of obtaining Page 14 g Page 14 of18 ffi ffi ftq{n wq(i HARTRA GURUGRAM Complaint No.

7687 of Z0Z2 all the required sanctions and approvals necessary for the commencement of the construction, whichever is earlier.

The date of comrnencement of construction is not available on records therefore, due date' is calculated from the date of execution of agreement i.e., 03.10.2012.

Further, as per clause 30, there shall be additional grace period of 6 months which is allowed.

Hence, the due date of possession comes out to be 03.04 .2016.

Till date no occupation certificate has been obtained by the respondents.

The authority is of the considered view that there is delay on the part of the respondents to offer physical possespibn of the subject unit and it is failure on part of the promoter to fulfii'itu,,',jutigatf ons and to hand over the possession within the stipulated period.

25.

Accordingly, non-compliance of the mandate [a) read with proviso to section 1B(1] of, respondents is established.

As such compl whichever is earlier as per the provisions of ion 1B(1) of the Act read with rule 15 of the rules.

26.The respondents are also directed to hand possession of the subject unit allotted to the complainant after compl on of the unit in terms of and after obtaining valid buyer's agreement within a period of 60 da o ccupatio n certificate. iii.

Direct the respondent to quash the o apartment buyer agreement. possession charges at the prescribed rate of i every month of delay on the amount respondents from the due date of possession i. possession of the subject unit after obtaining the competent authority plus two months or contained in section L1(4) Act on the part of the t is entitled ro delay terest i.e., L L.Llo/o p.a. for by complalnant to the ,03.04.20L6 till the offer of pation certificate from anding over of possession sided clauses from the Page 15 of 18 ffiHARERA ffi, GURUGRAM Complaint No. plaint No.

7687 of Z0ZZ 27 'The complainant in the present complaint has raised a plea that the respondent as per clause 23 and 24 is charging interest at the rate of z4o/o p'a' from the complainant and if the complainant fails to pay within stipulated time it could cancel the agreement and forfeit the earnest money' Therefore, the said clauses are one sided and in the favour of respondent' The Authority observes that Sect ion z(za) ofthe Act of 2016 is relevant and reproduced hereunder for ready reference: (i) the rate of interest chargeg.ble from the allottee by the p,,romoter, in case of defauh, shall be equal to the aite of interest whict thi promoter shall be liable to pay the allottee, in case of default; 28' The Authority is of the view that the lit. "r interest chargeable from the allottee by the promoter, in case of default strall be charged at the prescribed rate by the respondent/promoter which is the same rate of interest which the promotbr shall be liable to] Rav the allottee, in case of default i.e., the derayed possession charges as per section z(2.,a) of the Act.

The respondent is further directed not to ch of apartment buyer's agreement anything which is not part iv.

Pass an order for payment of GST nt levied upon the complainant and taken the benefit of inpu 29.The complainant has sought the rerief with reee to change in migration to a new tax regime section 171, in Central Goods and Services Tax credit by builder. to input tax credit to the complainant and charge the GST as per rules ar regulations, the attention of the authority was drawn to the fact that the islature while framing the GST law specifically provided for anti_profiteeri g measures as a check and to maintain the balance in the inflation of cost the producty'services due and Services Tax Act,Z01,T, the same is reprod herein below. "Section 171. (1) Any reduction in supply of goods or seryices or the of tax on any i.e. n any i.e.

GST, by incorporating Act, 20'1,7 fHaryana Goods of input tax Page 16 of 18 ffiHARERA fficuRlloRntrl Complaint No.

7687 of 2022 credit shall be passed on to the recipient by way of commensurate reduction in prices.,, 30.

As per the above provision, the benefit of tax reduction rrr 'lnput Tax Credit' is required to be passed onto the customers in view of section 171 of HGST/CGST Act,201.7.

In the event, the respondents has not passed the benefit of ITC to the buyers of the unit in contravention to the provisions of section 17L(1) of the HGST Act,201.7.

The allottee is at liberry to approach the State Screening Committee Haryana for initiating proceedings under section 1,71 of the HGST Act against the respondents.

I.

Directions of the authority 31.

Hence, the Authority hereby pass,gs ,this ordgr and issues the following compliance of obligations ntrusted to the authority cast upon the promoter as per the function under section 3a$): i.

The respondents are directed to pay the in the complainant from the due date of pr ion i.e., 03.04.20L6 till rhe valid offer of possession of the subiect fla after obtaini4g occupation u o monttis or handing i.e.

11,.1.0o/o per annum for every month of thereafter monthly payment of interest be of possession shall be paid on or before month.

The rate case of of interest chargeable from the a tit the prfesCribed rate on the arnlrount paid by id till date of handing over e 10th of each succeeding by the promoter, in i.e., 11,.1,0o/o by the certificate from the competent authority p over of possession whichever is earlier as p the provisions of section 1B(1) of the Act read with rule 15 of the rul The respondents are directed to pay arre of interest accrued within 90 days from the date of this order as per le 1,6(2) of the rules and iii. default shall be at the prescri Page 17 of 18 3 3 WHARERA ffi*GURUGRAM which is not the part of the The Authority observes project is not registered Planning Branch respondents for . ents for .

Complaint stands .

File be consigned to iv. respondents, which is the same rate of i terest which promoter shall be liable to pay to the allottee, in possession charges as per section Z(za) of The respondents are directed to h allotted to the complainant after compl on of the un buyer's agreement and after obtaining on certi The respondents shall not charge ng from the t. ano directions of default i.

Act. delayed the unit terms of still the to the nst the Goyal) ber rugram 1,.2025 Haryana Real n i tf\l Ir^ f*\ r tpU i( UL:p*{i tlon of the p Complaint No.

7687 of 2022 Page 18 of 18