DEEPAK GUPTA vs ELAN BUILDCON PVT. LTD.

The present complaint has been received on 19.11.2021 and the reply on behalf of the respondent was received 24.03.2022. The proxy counsel for the complainant requests for an adjournment as the main arguing counsel is not available due to some medical exigency. The counsel for the respondent has no object to the request of the complainant. Matter to come up on 25.03.2025 for further proceedings.

Due to lack of Coram,  the matter is adjourned to 24.12.2024  for the purpose as already fixed.

The present complaint has been received on 19.11.2021 and the reply on behalf of the respondent was received 24.03.2022. On 12.10.2023, the counsel for the complainant has placed on record copies of 3 emails exchanged with the respondent requesting for supplying the details alongwith justification for increase in the carpet area/super area viz-a-viz the area mentioned in the allotment letter/MoU.  The authority had also directed the respondent to supply the copy of original sanctioned plan, revised sanctioned plan alongwith a chart in tabular form showing  the changes in the area from the earlier approved plan. An application for placing on record the original sanctioned plan and revised sanctioned plan has been submitted by the counsel for the respondent on 28.05.2024 and the copy of the same has been supplied to the counsel for the complainant.  The counsel for the complainant states that no date has been inscribed on the so called revised plan and also points out that the  revised plan contain major changes including mezzanine floor.  It may also be verified from the record of the Authority.  He states that no BBA has been executed by the promoter in violation of Section 13 of the Act, 2016.  The super area has also been increased by more than 26%. The counsel for the respondent seeks a short adjournment as the arguing counsel is not available at present.  Last opportunity is granted.  Meanwhile the counsel for the respondent is directed to supply soft copy of building plan to the counsel for the complainant. Matter to come up on 15.10.2024 for further proceedings.

The present complaint has been received on 19.11.2021 and the reply on behalf of the respondent was received 24.03.2022. On 12.10.2023, the counsel for the complainant has placed on record copies of 3 emails exchanged with the respondent requesting for supplying the details along with justification for increase in the carpet area/super area viz-a-viz the area mentioned in the allotment letter/MoU.  The authority had also directed the respondent to supply the copy of original sanctioned plan, revised sanctioned plan along with a chart in tabular form showing the changes in the area from the earlier approved plan. The counsel for respondent assures to file the requisite table within 3 weeks after supplying a copy to the counsel for the complainant. This shall be the last opportunity and no further opportunity on account of above details shall be given. Till date no document has been filed. In view of the above, the respondent is directed to show cause within a period of 30 days as to why a penalty of Rs.5 Lakhs may not be imposed for violation of the directions of the authority under section 63 of the Act, 2016. The respondent is further directed to submit the requisite documents in the registry of the authority within a period of one week after serving an advance copy to the counsel for the complainant alongwith copies of sanctioned plan and revised sanctioned plans failing which further legal consequences shall follow. Matter to come up on 30.07.2024  for further proceedings.

Due to lack of coram,  the matter is adjourned to 14.05.2024 for the purpose as already fixed.

The present complaint has been received on 19.11.2021 and the reply on behalf of the respondent was received 24.03.2022. The counsel for the complainant has placed on record copies of 3 emails exchanged with the respondent requesting for supplying the details alongwith justification for increase in the carpet area/super area viz-a-viz the area mentioned in the allotment letter/MoU.  The authority had also directed the respondent to supply the copy of original sanctioned plan, revised sanctioned plan alongwith a chart in tabular form showing  the changes in the area from the earlier approved plan. The counsel for respondent assures to file the requisite table within 3 weeks after supplying a copy to the counsel for the complainant. This shall be the last opportunity and no further opportunity on account of above details shall be given. Matter to come up on 12.03.2024 for further proceedings.

Matter is adjourned to 04.01.2024.

In view of Govt. Notification No.28/67/2008-1HR-1 dated 05.09.2023 declaring 07.9.2023 as Gazetted holiday on account of Janmashtami the case is adjourned.   The next date of hearing is fixed for 12.10.2023 for the purpose already fixed

In view of the meeting  convened  by the Hon’ble Chairman,  Haryana Real Estate Appellate Tribunal on 02.08.2023 at Chandigarh, the case was adjourned.           The matter to come up on  07.09.2023  for further proceedings.

The counsel for the respondent  states that settlement talks are going on and seeks short adjournment. The counsel for the complainant states that the adjournment for settling the matter may be allowed.  However, in case the matter is not settled, the respondent may be directed to produce the original  sanctioned  plan and revised sanctioned plan with table of changes. Matter to come up on 3.8.2023 for further proceedings.

The counsel for the complainant states that the unit allotted to the complainant was a double height shop. However,  an offer for possession for fit outs was made by the respondent in September, 2021 and it was accompanied by demands which were beyond the scope of law.  Further,  the area of the shop was shown to be increased by 288 sq. ft. by incorporation of mezzanine floor which was not the part of the original plan/agreement. The counsel for the respondent seeks a short adjournment as the main counsel Shri J.K. Dang is unwell and is unable to argue the case today and further states that no action for cancellation of the unit shall be taken till the next date of hearing. Matter to come up on 18.04.2023 for further proceedings.

Due to paucity of time,  matter could not be heard. Adjourned to 20.01.2023 for the purpose as already fixed.

The counsel for the  respondent states at bar that there are chances of compromise/ settlement with the complainant and sought some time for the same. Heard. Request is allowed.  The counsel for the complainant also  agreed for the same. If the settlement is arrived between the parties, a copy of the settlement agreement be placed on record on the next date of hearing.                             Matter to come up  on 27.09.2022 for further proceedings.

The present complaint was filed on 25.11.2021 and registered as complaint No. 4554 of 2021. As per the registry, complainant has sent copy of complaint along with annexures through speed post as well as through email and proof regarding having the delivery of the complaint along with annexures made to the respondent has been submitted by the complainant as available in the file.  The registry of the authority sent a notice with a copy of the complaint along with annexures through speed post of which delivery confirmed on 16.12.2021 as per the tracking report of the speed post available in the file.  Registry has also sent the notice along with a copy of the complaint through email at following email address: [email protected]     The same is shown to have been delivered on the above email address as per the report available in the file.  It is proper service of the notice.            The complainant has filed the present complaint intimating that letter of offer of possession dated 7.9.2021 for FIT OUTS and  settlement of dues in respect of the unit was issued by the respondent whereby they have informed about the status of the completion of the construction of the unit and about the status of the Occupation certificate being applied for to the concerned Department. The respondent has further asked the complainant to pay the outstanding amount of Rs. 78,63,112/- with regard to alleged imaginary increase in area of 288 sq.ft. (from 1104 sq.ft to 1392 sq.ft)  The complainant has sought relief to direct the respondent  to delete the illegal and unjustified demand of the amount w.r.t. increased area and also to direct the respondent for peacefully delivery of the unit.                      The counsel for the complainant further submitted that it is obligatory on the respondent promoter to obtain the completion certificate or the occupancy certificate, or both, as applicable, from the relevant competent authority as per local laws or other laws for the time being in force and to make it available to the allottees individually or to the association of allottees, as the case may be, as provided in section 11(4)(b) of the RERA At, 2016,  before raising the demand due at the time of possession after obtaining  occupation certificate/completion certificate of the project.                    The section 19 (10) of the Act provides that  every allottee shall take physical possession of the apartment, plot or building as the case may be, within a period of two months of the occupancy certificate issued for the said apartment, plot or building, as the case may be.                                  In the present case, the respondent has not obtained the occupation certificate from the competent authority but issue letter of offer of possession dated 7.9.2021 for FIT OUTS and  settlement of dues in resect of the unit whereby they have informed about the status of the completion of the construction of the unit and about the status of the Occupation certificate being applied for to the concerned Deptt. as the unit is ready for possession for the purpose of FIT OUTS and interior works and asked the complainant to pay the outstanding amount.                   This type of conduct of the builder-respondent to issue FIT OUT possession without obtaining occupation certificate and raising demands  is contradictory  and against the provisions of the Act,2016  because the builder cannot issue FIT OUT possession without obtaining occupation certificate from the competent authority.  As such a show cause notice be issued to the respondent-promoter as to why a penalty of Rs. One Lakh be not  imposed upon the respondent-promoter for non-compliance of the provisions of the Act w.r.t. to issue FIT OUT possession without obtaining occupation certificate.                   Shri Ishaan Dang, counsel appearing on behalf of the respondent requests for an adjournment for filing of the reply on the plea that  he has been recently engaged by the respondent promoter.  This type of delay tactics are not tenable because there was a sufficient time for the  respondent to file reply as the  authority has already sent a notice with a copy of the complaint along with annexures through speed post  and through E-mail for which delivery confirmed on 16.12.2021 as per the tracking report of the speed post available in the file.                   However, considering the request of the counsel of the respondent, one last opportunity is being grant to the respondent to file reply. Accordingly the respondent is directed to file reply within two weeks i.e. by 24.03.2022 in the registry with a copy to the complainant giving justification to increase the super area as well as to issue FIT OUT possession without obtaining occupation certificate from the competent authority. In case reply is not filed within the time allowed, the defense of the respondent may struck off.             Matter to come up on 24.05.2022   for further proceedings.

In view of the prevailing Covid-19 situation,  safety and security of the members and staff,  the case is adjourned to 10.03.2022 for the purpose already fixed.