MAYANK MANU BHARDWAJ vs ADVANCE INDIA PROJECTS LIMITED

The present complaint has been received on 22.04.2021 and the reply on behalf of the respondent was filed on 03.08.2021. CRA on behalf of complainant was filed on 29.04.2022. Vide proceedings dated 21.10.2022, it was directed that the respondent shall not create any third-party rights till the next date of hearing. The counsel for the complainant was directed to file the application to amend the relief  as per his request to amend the relief on the last date of hearing.  Further stated that application  for amending the relief is being delivered now during the proceedings to the counsel for the respondent and the counsel for the respondent agrees to give possession of the unit subject to clearance of all the dues by the complainant. Further states that the complainant has booked the unit on 12.01.2018 and allotment of the same was issued by the respondent on 22.05.2018 as per which the respondent has to pay assured return uptil the valid offer of possession as per page No.72 of the complaint and that assured return clause was mentioned in the allotment letter itself and no BBA or addendum has been executed till now whereas the complainant has paid a sum of rs.31,93, 195/- against total sale consideration of Rs. 35,33,686/- and hence, there is a violation of RERA norms that without execution of BBA, they have received more than 10% i.e. to the tune of around 94% of the total sale consideration. Further states that the respondent has increased the area of the unit unilaterally from 207 sq. ft. to 215 sq. ft.  and the assured return was paid by the respondent uptil January 2021. The counsel for the respondent states that  the respondent has sent a mail for execution of BBA on 28.07.2020 and uptil date, Rs.15,10,476/-  was received from the complainant as per page 88 of the complaint but the complainant is not coming forward to execute the BBA. Further stated that due date of possession was December 2022 and the offer was made prior to that i.e. on 27.01.2022,  whereas the complaint has been filed by the complainant  on 22.04.2021, hence it is a pre-mature complaint and cannot be considered. Further submitted that as regards the variation in the area of unit, it is less than 5% of the originally allotted area. Further stated that all the demands raised alongwith offer of possession were legal and as per BBA and assured return was payable subject to making of payment in time by the complainant as per page 53 of the reply. The unit was terminated on 10.07.2020 and later-on,  on the request of the complainant on 22.07.2020, the unit of the complainant was restored  and at that time 50% of the delayed interest was also waived off. Part arguments heard. Finally,  the counsel for the complainant states that he wants to withdraw the present application for amendment of the relief and wishes to pursue only the original reliefs claimed in the main complaint i.e. refund as per RERA norms. Matter to come up  on 19.04.2024 for further arguments.

The present complaint has been received on 22.04.2021 and the reply on behalf of the respondent was filed on 03.08.2021. CRA on behalf of complainant was filed on 29.04.2022. Vide proceedings date 21.10.2022, it was directed that the respondent shall not create any third-party rights till the next date of hearing. The counsel for the complainant states that although settlement talks were going on but that could not mature and now the complainant wishes to amend the relief in the complaint from  refund to DPC and possession as OC of the project has already been received by the respondent. Request is allowed. He may do so after supplying a copy of the same to the counsel for the respondent within 2 weeks and counsel for the respondent may file the reply to the same within next 2 weeks after receipt to the copy of application for amendment of relief. Matter to come up on 09.02.2024 for further proceedings.

The present complaint has been received on 22.04.2021 and the reply on behalf of the respondent was filed on 03.08.2021. Both the counsel for the parties state at bar that settlement talks are going on between the parties and request for a short adjournment to file the settlement deed if the matter get settled. Request is allowed. Matter to come up on 08.12.2023 for further proceedings.

Both the counsels for the parties have stated that settlement talks are going on between the parties and seek a short adjournment to amicably settle the matter. Request is allowed. Matter to come up  on 22.09.2023 for further proceedings.

The proxy counsel for the complainant requests for a short adjournment as the arguing counsel is not available today. Request is allowed. Matter to come up on 21.07.2023 for further proceedings.

The  present complaint has been received on 22.04.2021 and reply on behalf of respondent was filed on 03.08.2021. CRA on behalf of complainant was filed on 29.04.2022. Succinct facts of the case as per complaint are as under: S. N. Particulars Details 1.       Name of the project “AIPL Joy Central”, Sector-65, Gurgaon 2.       Nature of project Commercial colony 3.       RERA registered/not registered Not registered 4.       DTPC License no. 249 of 2007 dated 02.11.2007 Validity status 01.11.2024 Licensed area 3.987 acres Name of licensee M/s Wellworth Project Developers Pvt. Ltd. 5.       Application letter dated 12.01.2018 [As per page no. 90 of complaint] 6.       Unit no. Retail shop no. 1031 on 1st  floor [As per page no. 90 of complaint] 7.       Revised unit no. Retail shop FF-18 on 1st floor [As per page no. 102 of complaint] 8.       Unit area admeasuring 207.23 sq. ft.  [Super area] [As per page no. 90 of complaint] 9.       Revised unit area admeasuring 215.47 sq. ft.  [Super area] [As per page no. 102 of complaint] 10.                          Allotment letter 22.05.2018 [As per page no. 90 of complaint] 11.                          Date of builder buyer agreement Not executed 12.                          Total sale consideration Rs. 33,72,875.48/- [BSP] Rs. 35,33,685.96/- [TSC] [As per statement of accounts dated 02.12.2020 on page no. 87 of complaint] 13.                          Amount paid by the complainant Rs. 31,93,195.59/- (94.67%) [As per statement of accounts dated 02.12.2020 on page no. 87 of complaint] 14.                          Possession clause Clause j as per application form The company shall subject to force majeure conditions proposes to handover possession of the unit on or before December 2022 notified by the promoter to the authority at the time of project under the Real Estate (Regulation and Development) Act, 2016 and the Haryana Real Estate (Regulation and Development) Rules 2017 and regulation made thereunder for completion of the project or as may be further revised/approved by the authorities. 15.                          Due date of possession December 2022 [Since no buyer’s agreement has been executed inter-se parties and therefore, due date of handing over of possession is calculated as per clause j of application form] 16.                          Demand letter & reminder 04.02.2020 & 20.02.2020 [As per account statement dated 02.12.2020 on page no. 58-59 of reply] 17.                          Pre-termination letter dated 22.04.2020 [As per page no. 60 of reply] 18.                          Payment received by the respondent 05.08.2020 [As per page no. 88 of complaint] 19.                          Termination letter dated 10.07.2020 [As per page no. 61 of reply] 20.                          Occupation certificate 24.12.2021 [As per website of DTCP] 21.                          Offer of possession Not offered The counsel for the complainant states that they have become aware of the termination letter dated 10.07.2020 from the promoter now, on the other hand, they have been depositing instalments after the date of alleged cancellation i.e. on 05.08.2020.  He further states that out of the total consideration amount of Rs.35,33,685/- the complainant has paid an amount of Rs.31,47,642/-. The proxy counsel for the respondent seeks a short adjournment as the main counsel is indisposed. Request is allowed. However,  the respondent shall not create any third party rights w.r.t unit in question till the next date of hearing. Matter to come up on 17.02.2023 for further proceedings.

Vide resolution No.461 dated 27.07.2022, the District Bar Association Gurugram has unanimously resolved that work will remain suspended in District Court Gurugram today as a mark of solidarity with Bar Associations of Panipat and Palwal against callous attitude of police against the advocates.                   In view of above, the matter is adjourned to 21.10.2022 for the purpose as already fixed.

The present complaint has been received on 22.04.2021 and reply on behalf of respondent was filed on 03.08.2021. CRA form on behalf of complainant was filed on 29.04.2022.                   In this case the respondent has not yet obtained the occupation certificate from the competent authority. The Planning branch of the authority is directed to check whether the project “AIPL Joy Central”, Sector-65, Gurgaon is registered or not.  If f the said project is not registered, give full details why the said project is not registered.                      Matter to come up on 27.07.2022 for further proceedings

In view  of judgment dated 11.11.2021 in title- M/s Newtech Promoters and Developers Pvt Ltd. Vs State of UP & Ors. Etc. passed by the  Apex Court, this forum has no jurisdiction to adjudicate the complaint in hands.File be transferred to the Authority.  Reader is directed to send the file immediately.

Taking cognizance of decision of Hon’ble High Court of Punjab & Haryana declaring  14th Jan. 2022 as local holiday on account of Makar Sankranti in  Gurugram Division,  District Bar Association, Gurugram  has requested to suspend court work.                       In view of above, matter is adjourned to   04.04.2022 for further proceedings.

None is present on behalf of complainant.                             Issue notice to complainant for next date.                             To come on  14.01.2022 for arguments. 11.30 a.m.                             At this stage, Mr. Arsh Mehta, Advocate put in appearance and accepts notice on behalf of complainant.                              To come on 14.01.2022  for arguments, the date already fixed.

Written reply filed. Copy supplied. 2.                        To come on 10.11.2021 for arguments.