SATBIR SINGH vs APEX BUILDWELL PVT. LTD.

The present complaint has been received on 14.11.2022 and the reply was received on 20.11.2023.  S.N. Particulars Details 1.       Name of the project Our homes Sector-36 C, Gurugram. 2.       Project area 10.144 acres 3.       DTPC license no. & validity status 13 of 2012 dated 22.02.2012 4.       Nature of project Affordable Group Housing Colony 5.       Registration Details GGM/346/78/2019/40 dated 08.07.2019 valid up to 01.12.2019 6.       Unit no. / Area admeasuring  320, Tower- Jasmine, 3rd floor, (Page no. 19 of complaint) 7.       Date of builder buyer agreement 25.01.2013  (Page no. 16 of complaint) 8.       Building Plan Approval 07.05.2013   (Page no. 52 of complaint) 9.       Environmental Clearance 26.06.2013   (as per the information provided by the respondent at the time of registration) 10.              Possession clause 3. Possession 3(1) Developer proposes to hand over the possession of the apartment within a period of thirty-six months (36), with a grace period of 6 month, from the date of commencement of construction of the complex upon the receipt of all project related approvals including sanction of building plans. 11.              Due date of possession 26.06.2017 (Note: due date is calculated from the date of environmental clearance i.e., 26.06.2013 being later) 12.              Basic sale consideration Rs. 16,00,000/- (Page no 19 of the complaint) 13.              Amount paid Rs. 17,69,726/- (page no 56 of Complaint) 14.              Occupation certificate 29.11.2019 (Page no. 23 of reply) 15.              Offer of possession 01.12.2019  (Page no 25  of reply) 16.              Conveyance deed 02.09.2021 (Page no. 50 of complaint) The counsel  for the complainant states that  they are seeking relief of DPC because of due date of possession was 26.06.2017 and offer of possession was given on 01.12.2019. The counsel for the respondent states that  CD has already been executed of the unit of complainant on 02.09.2021 and further stated that in some of the matters of DPC after CD,  the counsel for the respondent has already filed an appeal  before  the Hon’ble Appellate Tribunal which are still pending for adjudication. Arguments heard. Undoubtedly there is a delay in handing over of possession, hence DPC are allowed. The respondent is directed to pay the interest at the prescribed rate i.e. 11% per annum for every month of delay on the amount paid by the complainants from due date of possession i.e. 26.6.2017 till 01.12.2019  plus  2 months or actual handing over of possession after obtaining occupation certificate  whichever is earlier. Detailed order will follow. Matter stands disposed off.

The present complaint has been received on 14.11.2022 and the reply was received on 20.11.2023.  The proxy counsel for the respondent requests for a short adjournment as the arguing counsel is not available today and the counsel for the complainant has no objection to the same. Matter to come up on 02.08.2024 for further proceedings.

The present complaint has been received on 14.11.2022 and the reply was received on 20.11.2023.  The counsel for the respondent states that an identical matter is pending in appeal before the Hon’ble Tribunal, which is appeal no.628/2023 and the same is fixed for 10.4.2024 and hence requests that the matter may be adjourned for any date post that tribunal date. Matter to come up on 24.5.2024 for further proceedings.