SEEMA vs PERFECT BUILDWELL PRIVATE LIMITED

HARERA P*GURUGRAII BEFORE THE HARYANA REAL ESTATE REGULATORY AUTHORITY, GURUGRAM NAME OF THE BUILDER PERFECT BUILDWELL PRIVATE LIMITED PROJECT NAME "ZARA AAVAAS" S, No.

Case No.

Case title APPEARANCE 1. cR/4697/2023 Madhu Pareek v/s Perfect Buildwell Private Limited Shri Yogesh AR ofthe complainant and Shri Rahul Singh Advocate 2. cR/4678/2023 Seema v/s Perfect Buildwell Private Limited Shri Yogesh AR of the complainant and Shri Rahul Singh Advocate 3. cR/ 4692 / 2023 SushilGoel v/s Perfect Buildwell Private Limited Shri Yogesh AR of the complainant and Shri Rahul Singh Advocate CORAM: Shri Sanieev Kumar Arora Member ORDER 1.

This order shall dispose of three complaints titled as above filed before this authority under Section 31 ofthe Real Estate (Regulation and Development) Act,201,6 (in short, the ActJ read with rule 28 of the Haryana Real Estate (Regulation and Development) Rules, 2 017 [in short, the RulesJ for violation of section 11(a)(a) of the Act wherein it is inter alia prescribed that the promoter shall be responsible for all obligations, responsibilities and functions under the provision of the Act or the rules and regulations made there under or to the allottee as per the agreement for sale executed inter se.

2.

The core issues emanating from them are similar in nature and the complainant(sJ in the above referred matters are allottees of the project, Complaint No.

4691 of 2023 and 2 others 02.o8.2024 Page 1 of 18 HARERA MGURUORAM Occupation certifi caaet - 04.lZ,2O7 9 Complaint No.

4691 of 2023 and 2 others namely, "Zara Aavaas" (Affordable Group Housing Colonyl being developed by the same respondent/promoter i.e., M/s perfect Buildwell private Limited.

The terms and conditions of the buyer,s agreements, fulcrum of the issues involved in all these cases pertains to failure on the part of the promoter to deliver timely possession of the units in question, seeking delay possession charges along with interest and other.

3. other.

3.

The details of the complaints, reply to status, unit no., date of agreement, possession clause, due date of possession, total sale consideration, total paid amount and relief sought are given in the table below; Possession CIause: - 3.

Possession 3.7 "-Unless a longer period is permitted by the DGTCq or in the poliq/ and subject to the force majeure circumstance as stated in clause 76 hereof, intervention oi statutory authorities, rece[pt ofoccupqtion certificate ond timely compliance by the apartmeit buye.r(s) ofall his/her/their obligations, formalities aid documentation as prescribed by the developer from time to time and not being in default under any pqrt of thb agreement, including but not limited to timely poyment of instqllments of the total cost a-nd other charge qs per the payment plan, stdmp duty and registratiin charges, the developer proposes to offer possession of the said ;partment to the apartment buyer(s) within 4 Oour) yearc from the date olapproval of building plans or grant of environment clearance, whichever is tatei......." 04 on 9th floor, Tower - 18 I As per page no.

27 of the complaintl 01 on 4dt floor, Tower - 17 I As per page no.

29 ofthe comDlaint Proiect Name and Location Perfect Buildwell Private Limited at,,Zara Aavaas" situated in Sector- 104 Gurugram.

Complaint No. & Case Title cR/4691/2023 Madhu Pareek v/s Perfect Buildwell Private Limited cR/4674/2O2s Seema v/s Perfect Buildwell Private Limited cR/ 4692 /2023 Sushil coel v/s Perfect Buildwell Private Limited 16.02.2024 76.02.2024 76.02.2024 02 on 10th floor, Tower - 03 I As per page no.

27 of the complaintl Page 2 of18 HARERA MGURUGRAM Complaint No.

4691 of 2023 and 2 others Area admeasuring 569 sq. ft. (Caryet area] & 89 sq. ft. (balcony areaJ [As per page no.

27 of the complaintl 524sq. ft. (Carpet area) & 94 sq. ft. (balcony area) [As per page no.

27 of the complaintl 498 sq. ft. (Carpet area) & 100 sq. ft. (balcony area) [As per page no.

33 ofthe.

33 ofthe.nmnl"inrl Date of apartment buyer's agreement 10.08.2018 [As per page no.

29 of the complaintl 22.08.2016 [As per page no.

29 of the complaintl 22.04.2076 [As per page no.

31 ofthe complaintl Due date of handing over of possession 09.03.2079 (Due date to be calculated 4 years from the date of environment clearance i.e., 09.03.2015, being later) 09.03.2019 [Due date to be calculated 4 years from the date of environment clearance i.e., 09.03.2015, being later) 09.03.2019 (Due date to be calculated 4 years from the date of environment clearance i.e., 09.03.2015, being laterl Offer of possession 11.05.2 0 20 [As per page no.29 of the replyl 20.01,.2020 (As per page no.29 of the replv) 3L.01.2020 (As per page no.

27 Physical handover ofthe unit 24.06.2020 (As per page no.

81 of complaint) 05.02.2020 [As per page no.60 of the complaintl 07.02.2020 [As per page no.

28 of the complaintl Total Consideration / Total Amount paid by the complainant(s) TSC: Rs.23,20,500/- ( As per clause 1.2 of bba on page no.41 of the complaint) AP: Rs.23,03,963/- [As stated by the complainant at page 82 ofcomplaintl TSC: Rs.21,43,000/, ( As per clause 2.1 of bba on page no.35 of the complaint) AY Rs,22,83,740/- (As per statement of account at page 61 of complaint) TSC: Rs.20,42,000/- 'As per clause 2.1 of bba on page no.

35 ofthe complaint) APt k.21,75,9?0/- (As stated by the complainant at page 23 of comDlaintl The complainarts in the above complaint(s) h 1.

Direct the respondent to pay delayed possessi, 2.

Direct the respondent to execute and register the complainant.

3, Restrain the respondent for charging amount charges from pre,paid electricity meter ofthe ch3IE$. -.- Noter In the table referred above, certain elaborated as follows: Abbreviation Full form TSC Total Sale consideration AP Amount paid by the allotteefsl ave soqglt the following r€liefs: rn charges at the prescribed interest per annum a conveyance deed ofthe apartment tn favor of in form of maintenance charges and d rges and deducttng complainant in forms ofVAT and maintenance @l 4.

The aforesaid complaints were filed against the promoter on account of violation ofthe apartment buyer's agreement and allotment letter against the Page 3 of18 H (rl ARERA Complaint No.

4691 of 2023 and 2 others allotment of units in the proiect of the respondent/builder and for not handing over the possession by the due date, seeking award of possession along with delayed possession charges.

5.

It has been decided to treat the said complaints as an application for non_ compliance of statutory obligations on the part ofthe promoter/ respondent in terms of section 34(0 of the Act which mandates the authority to ensure compliance of the obligations cast upon the promoters, the allottee(s) and the real estate agents under the Act, the rules and the regulations made thereunder.

6.

The facts of all the complaints filed by the complainant(s)/allottee(sl are also similar.

Out of the above_mentioned case, the particulars of lead case CR/4697/2023 titted as Madhu pareek V/S perfect Buildwell private Limited are being taken into consideration for determining the rights of the allottee(s) qua derayed possession charges arong with interest and others.

A, Unit and project related details 7.

The particulars of unit details, sale consideration, the amount paid by the complainant, date ofproposed handing over the possession, ifany, have been detailed in the following tabular form: Details Zara Aavaas, Sectoi 104, Dwarka Expressway, Guruqram.

Allotment letter URUGRAM Apartment no. ffi e 27 of complaint ol, fo*rh-iloot;*"a lL admeasuring 498 sq. ft. (carDet Area) 100 sq. ft. (balcony areaJ 10.08.2 018 e 27 of complaintl _R Name ofthe proiect Nature of project RERA registration Date ofagreement to sale [page 29 of complaintJ Page 4 of 18 Particulars affordable Group-oustng Colony 21, of 2079 vatid up to t+.OnUil MHARERA HouRuonRHl Complaint No.

4691 of 2023 and 2 others 7.

Date of buildingllan aDDroval Date oa- envl. oa- envl.onm"nt"l clearance 08.1,2.2014 P fpage 03 of renlvl 8.

9.

D J.

Possession 3(1) Unless a longer period is permitted by the DGTC? or in the poli.cy and subject to the force maleure circumstances qs stoted in clause 16 hereof, intervention of statutory authorities, receipt of occupation certificate and timely compliance by the Apartment nyler(s) of all his/her/their obligations, formalities and documentation as prescribed bv the Developerfrom time to time oid not being in default under any port of this Agreement, including but notl limited to timely poyment ofl installmeng of the totol cost and tther charges os per the payment olan, stamp duty and registration I :harges, the Developer proposes la ofrer possession oI the Said lpartment to the Apartment, 9uyer(s) within 4(Iour) years iom the date oI approval of tuilding plons o, grant iy' nvlronment clearanci, I yhichever is later. 'Emnhosis ptnnlio,ll 10.

Due date of possession C ( e lt t9.03.2079 calculated from the date of nvironment clearance, being rtFrl 7L.

Total sale consideration Rs.23,Z0,SO0 / - fas per Clause 1.2 of BBA on page 41 of comola in t) PaSe 5 of18 MHARERA ffi euRuennvr 72.

Paid up amount Occupation certificat" Offe. ofpor.er.i", PossessiilArtrficate dated 28.06.2020 and the same has been handed over on Rs.23,03,963 /- fas per ledger of complaint) 04.72.2079 (page 26 of rep tL.05.2020 fpage 29 of rep 28.06.2020 account on page 82ll (page 81 of complaint] 13.

1,4.

15.

B.

Facts ofthe complaint: 8.

The complainant has made the following submissions in the complaint; L That the respondent and its associate company is in the possession ofthe land measuring approximately 5 acres situated in revenue estate of Village Gurgaon, Sector 104, Tehsil and District Gurugram, Haryana.

The Directo4 Town and Country planning, Haryana (DTCp) has granted a License No.

1,2 of ZO14 dated 10.06.2014 for construction and developing an affordable group housing colony as per the Affordable Group Housing Policy,2013. licy,2013.

II.

That the complainant has paid Rs.23,03,963/_ till201B which is more than 1000/o amount in regard to said unit, to the respondent but the respondent gave the actual physical possession of the apartment after a delay of one year despite receiving all payments.

The respondent has failed to perform his part of obligations rightfully and legally, by nor giving possession on time and not executing the conveyance deed of the apartment booked by the comprainant till date.

The date of offer of possession was 09.03.2019 as per the Affordable Group Housing policy, 2013 but the respondent handover actual physical possession on 2A.06.2020.

Complaint No.

4691 2023 and 2 others Page 6 of 18 MHARERA S- eunuennur III.

That the complainant pleads thar rha r-,..a., possession of his unit is hand . the lawful' rightful and legitimate deed of the aDarrrnahr ,- .,^ -"1 oru. ,o nim by executing the conveyance deed of the apartment in the f -- "'ttt uv cxecutlng the conveyanc€ possession charges at ,nu .."'uout of complainant as weil as delayed pertinent to menuon here ,rr, tft'o"o rate as per the Act, 2016.

It is charges of *.rz- ,". ,o "n.')rtnl *t'ono".,t is charging maintenance Affordabre Housing poricy, ,or,"t' 't totally illegal and in violation of compraint.

I which are liable to be refunded to the IV.

That despite receiving more is charging/demanaing i,et L000/o payable amount the respondent Maintenance chargu. ,.o, ,n,u"' charges in the name of vAT and of the Act, 201,6 andOrro.Orru .oaP,urnant which is a clear_cut violation has also send numerous Ietter Housing policy, 2013.

The complainant charge iregar **r.. * u,"'" ;ff'jff::;:.J:::il::"::"j:: ;: unit by executing the conveyan the responaent ir, ;;;;ff j;H.ffiffi:il:".:I .',: complainant and ignoring the letters, errrit, se.lt O, *".1r0,r,""r, from one pretext to another C, Reliefsought by the complainant: 9.

The complainant has sought following relief(s): i. ief(s): i.

Direct the respondent to pay delayed prescribed interest per annum. ii.

Djrect the respondent to e: apartment in favo. "-" ;;:;:l.resister a convevance deed or the iii.

Restrain the respondent fc charges and deducting .n;t tn"t'nt amount in form of maintenance complainant in forms ofvA: I from pre-paid electricity meter of the I and maintenance charges. possession charges at the Compiaint No. +o9iJ 2023 and 2 others Page 7 of18 HARERA ffiGURUGRAM 10.

0n the date ofhearing the authority explained to the respondent/promoter about the contraventions as alleged to have been committed in relation to section 11(4) [aJ ofthe Act to plead guiiry or not to plead gu ry.

D,Repty by the respondent: 11.

The respondent has contested the complaint on the following grounds: a.

That the present complaint has been filed against the affordable group housing project namely, Zara Aavaas which comprises of 19 towers/residential blocks on 5 acres.

The project has been developed in Phased manner and the cr phase 1 ofthe proiect. pha t complainant comprises of allottee of License No 1 2 or 2 o 1 4.":: :;:H;'::ffi il:"J"#:: ::: 30a8lAsstt(AK)/ z}tg /zs}3s dated 10.10.2019.

The building plans were approved vide Mem o B.

1.z.2 0 1, 4.Further the ""*1"- ^ll i ils / sD (Bs) / 20 1 4 / 27 6s7 date d rronmental clearance for construction of the affordable group housing colony was received vide Memo No. sErM/HR / 20 76 /280 dared 09.03.20 15. b.

That the construction of the proiect thereafter was conducted by the respondent by abiding ar terms of the approvars so received.

Further upon the enactmentofthe Real Estate (Regulation and Development) Act, 2076 and HREM RuleE 201,7 the respondent duly applied for the RERA registration and the same was received by the respondent vide Memo No.

HREM (Reg.l483 /201,7 /757 dated ZA.OB.ZLI7.

The RERA registration No. ofthe phase I ofthe pro,ect is Regd.

No.

152 of 2017.

2 of 2017. c' That the respondent had appried for the occupation certificate vide application dated Og.O4.ZOL9 and duly received the occupation certificate from the DTp, Gurugram on 04.12.201,9.

After the receiving of Page I oflB ffiHARERA ffieunuennnr Complaint No.

4691 of 2023 and 2 others the occupation certificate the respondent offered the possession in phased manner and as per the Affordable Group Housing policy,2013. d That after receiving the occupation certificate dated 04.12.2019, the respondent vide letter for offer of possession dated 09.02.2021 directed the complainant to take possession of the unit and to further clear all dues.

However, the complainant chose to delay the matter on one pretext and another.

The complainant was duty bound to take the possession of the residential unit within 2 months of occupation certificate however, complainant/s delayed the physical taking over without any reason.

The respondent constantry forowed up with the arottees however, the complainant intentionally delayed taking physical possession. e.

That complainant has to adhere by the terms and conditions of the agreement for the transaction regarding the unit ofthe complainant.

That as per the apartment buyer's agreement the comprainant had to make payments for electricity connection charges, power backup charges, piped gas charges, etc vide Clause 2.4.

Thus, any payments or demands raised under the heads ofifsd, administration charges, meter connections charges, advance electriciry consumption deposit are within the terms of the apartment buyer,s agreement and nothing illegal has ever been demanded from the complainant. f.

That no cause of action arose against the respondent company, which could have resulted in filing of the present complaint.

That the complaint is frivolous, ill motivated and with malicious intent and is not maintainable.

It is further submitted that the complainant has very strategically and deceitfully filed the present complaint. complaint.

Thus, on this ground alone the complaint is liable to be dismissed and the Complainant Page 9 of18 ItrHARERA # eunuennvr should be penalised in o mar i ci o us ritisatio",, *" ":::: "',',;:::;:1,:J*"ent to avoid any g.

That the complainant has got no iocus standi or cause ofaction to file the present complaint.

The present complaint is based on an erroneous interpretation of the provisions of the Act as well as an incorrect understanding of the terms I Housing policy, 2013. and conditions of the said Affordable Group h.

That the primary relief sought by complainant being ,,delay interest,, in handing over the possession .ls untenabie in yiew of the fact that there was no deray in granting the possession ofthe flat.

It is humbry submitted that there was change in the timelines ofthe project and the said changes and alteration were not on account ofany attribute due to the negligence or conduct of the respondent.

It is further pertinent to mention that the timeline alteration were on account of reason beyond the control of the respondent and the complainant has been aware of the alteration in the time line to offer possession ar i.

That the complainant is misdi P tion ofthe proiect. rew ciauses or the buyer,s rr.#I:,fi;;,::::T:lr:lI#: proiect of 05 years will be of the respondent.

Clause 7.g of the buyers agreement specifically states apartment buyer that operational costs like cost of operation, upgradation, addition and/or repracement of the rifts, firefighting system, sewage treatment plants, common area lighting, water supply charges, garbage disposal charges, charges for cleaning and upkeep of internal pathways, green area, roads, common areas and drainage system, general watch shar be borne and *,0 o, *",olf,;il;:H::ff:.

Ji:ll".iil; not be liable to pay the same.

Page 10 of18 HARERA Complaint No.4691of 2023 and 2 others M GURUGRAIV j.

RUGRAIV j.

That the respondent/builder has not opted for the composition scheme notified by the Excise and Taxation department, Government of Haryana.

That nothing has been charged from the allottees which is outside the purview of the application form, payment schedule plan and builder buyer agreement.

The demand made for HVAT is just, fair and as per applicable law. k.

That the various contentions raised by the complainant are fictitious, baseless, vague, wrong, and created to misrepresent and mislead this Hon'ble Authority, for the reasons stated above.

It is further submitted that none of the relief as prayed for by the complainant are sustainable, in the eyes of law.

Hence, the complaint is liable to be dismissed with imposition of exemplary cost for wasting the precious time and efforts of the Hon'ble Authority.

That the present complaint is an utter abuse ofthe process of law, and hence deserves to be dismissed.

12.

Copies of all the relevant documents have been filed and placed on record.

Their authenticity is not in dispute.

Hence, the complaint can be decided on the basis of those undisputed documents and submissions made by the parties.

E. furisdiction of the authority: 13.The respondent has raised a preliminary submission/objection the authority has no jurisdiction to entertain the present complaint.

The objection of the respondent regarding rejection of complaint on ground of jurisdiction stands rejected.

The authority observes that it has territorial as well as subject matter jurisdiction to adjudicate the present complaint for the reasons given below.

E.l Temitorial iurisdiction As per notification no.1, /92120]7 -lTCP dated 14.12.2017 issued by Town and Country Planning Department, Haryana, the jurisdiction of Haryana Page 11of18 ffiHARERA ffieunuennH,r Complaint No.

4691 of 2023 and 2 others Real Estate Regulatory Authority, Gurugram shall be entire Gurugram district for all purposes. purposes.

In the present case, the proiect in question is situated within the planning area of Gurugram district.

Therefore, this authority has complete territorial jurisdiction to deal with the present complaint.

E.ll Subiect.matter iurisdiction Section 11(4)(a) of the Act, 2016 provides that rhe promoter shall be responsible to the allottees as per agreement for sale.

Section 11(4)ia) is reproduced as hereunder: Section 77.,,,, (4) The promoter sholl- (a) be responsible for all obligotions, responsibilities and functions under the provisions of this Act or the rules and regulations made thereunder or to the allottees as per the agreementfor sale, or to the association ofallottees, as the case moy be, till the conveyance ofall the apartments, plots or buiidings, as the case may be, to the allottees, or the common qreas to the association i1 allottees or the competent authoriu as the cqse moy be; Section 34-Functions of the Authority: 34(fl of the Act provides to ensure compliqnce of the obligations cast upon the promoters, the allottees ond the real estqte agents under this Act and the rules and r eg u lati on s m a d e thereun d e r.

14.

So, in view of the provisions of the Act quoted above, the authority has complete jurisdiction to decide the complaint regarding non-compliance of obligations by the promoter leaving aside compensation which is to be decided by the adjudicating officer if pursued by the complainant at a later stage.

F.

Findings on the relief sought by the complainant: F.l Direct the respondent to pay delayed possession charges at the prescribed interest per annum.

In the present complaint, the complainant is seeking delay possession charges as provided underthe proviso to section 1B(1J oftheAct.

Sec.

1g( 1) proviso reads as under. "Section 78: - Return of amount qnd compensation Page 12 of 18 ffiHARERA S- eunuennvr 1B(1).

U the promoter foils to comhr oprrtrint ptoc orir,titi. orir,titi.i, 'tomptete or is unable to give possession ofan provided thot where an a shott be paid, b, ,h" o,":l:,'::" .!?es not tnrcnd b wthclraw fr " *, "r,i i i.,!,,,,i I ;' : : :;: ;;: :i: * {;;i,;L:ii:i ;iL' ;i:,: i i f; ? :;i,:; 16. clause 3.1 ofthe buyer,s a (Emphasis supplied) and is reproduced o",oa, *tu"'"nt provides for handing over ofpossession .?, possession ,,3[1) l]nless a longer perio to the force majeure ,irrr:i:.!::?itL"d bv thc DGTCP ot tn the I stotutory authorities. ,"r.,!-t!|"" o' "i'"a '' 'ii'*"'' i" n"'i"poli'v and subiect Apartment Buyer(s) of,,r i!-?[?::.','l'''i.i"';;;;;;;;;",,;i;",1' tnLerventton o[ as prescribed by the D""","'j(!::1:':.'' ou,,nr,,;,;;';r;;"r;,',;[r::r;"r1:!:;2;!!,':: :;':,ztlit;,:*:i:;;i:|!:[i!i:iiU,i:'"'v':;:';;:iI"i;itrl:iiiit r.e s i s t r o t i o n, o " * "i ii "' i il!,?,|i' i.!fl.i!", f :* : i I h n, " t a m p d u ty o n d Aportment b the Apartment Bi.;:i!; ;,;;i;;;ll; i::::iil"1:o;,,::,:, approval oI building plans or graft ofenviron.ert iteoioire, wh.tcheve, is tater...: lT.Admissibirity of deray possession ..j:#::;:::::ir". ;;" ", interest: proviso to section 1g provides that wh"re an allottee does not intend to withdraw from * interest for every month ofd projecq he shall be paid' by the promoter' rate as may be prescribed ij,l li::I::ffi:: ,:.""T::L,::H rules.

Rule 15 has been reproduced as under: Rule 15, prescribed tate , ,, ir'i:;iii:!i":ii,:;l!;,:":,::i:ii:!;i;iifrsecLi'n 'I z' sec'[i'n '1o and "i,;;t:::;::,,1;;::::::;i;:;l;,:":,;*i:;:;;;:;':;:,:;i;i;;;;:,":;!:l:il,,il provided that t",airs *t, (u";tij"t';:,',:'..::: ih",,)"te Bonk ot tndia morstnot cost of rates which in" srrir"- a;, i'^il: j.t sholl be reploced bv such ben.hmark lending generol public. oJ tndiq may fix lrom tine rc time for lendtng to the 18.

The legislature in its wisdo provision of rule 15 0f the r in the subordinate legislation under the interest. interest.

The rate ofinterest s(ules' has determined the prescribed rate of ) determined by the legislature, is reasonable Page 13 of 18 Compla,nt No.

4691 of 2023 and 2 others HARERA ffiGURUGRAM and if the said rule is followed to award the interest, it will ensure practice in all the cases.

4691 of 2023 and 2 others uniform the marginal cost of lending rate (in short, MCLR) as on date i.e., oZ.Og.Z024 is 970.

Accordingly, the prescribed rate of interest will be marginal cost of lending rate +20lo i.e.,llo/o.

20.

The definition of term ,interest, as defined under section 2(za) of the Act provides that the rate of intergst .lhargeable from the allottee by the promoter, in case of default, shall be equal to the rate of interest which the promoter shall be liable to pay the allottee, in case of default.

The relevant section is reproduced below: "(zq) "interest" means the rotes ofinterest payable by the promoter or the allottee, os the case may be, Explonation. - For the purpose ofthts clouee _ (i) Ihe rate of inLeresL chargeaile from rhe ollottee by Lhe promoter. tn tose oJ defoult, shall be equalto the rorc ofinteresrwnicn ine pri.ori, shattbe lioble to poy the allottee, in case ofdefault; (ii) the interest poyobre by the promoter to the alottee sha be from the date the promoter received the amount or qny partthereoftitt the d;E the omount or port thereofand interest thereon b ret'unded, ani the interest poyabte by the allottee to the promoter shqll be t'rom ihe dote tne oUox"" a"joi fts in payment to the promoter rill the doLe it is paid:,, 21.

Therefore, interest on the delay payments from the complainant shall be charged at the prescribed rate i.e., 1170 by the respondent/ promoter which is the same as is being granted to it in case of delayed possession charges.

22. arges.

22.

On consideration of the circumstances, the documents, submissions made by the parties and based on the findings of the authority regarding contraventions as per provisions ofrule 2g, the Authority is satisfied that the respondent is in contravention ofthe provisions ofthe Act.

By virtue of clause 3.1 of the agreement executed between the parties on 10.0g.201g the possession ofthe subject apartment was to be delivered within 4 years from the date of sanction of building plans or receipt of environmental clearance, 19.

Consequently, as per website ofthe State Bank oflndia i.e., httns://sbi.co.in.

Page 14 oflB HA[Elu GURUG]?AM whichever is later.

There 09.03.2o1gto be carcuirt,fo ' the due date of handing over possession is os.*3.zo,s being raten iff,ffi ",:"i:''";:*;j,_ . jr",r; respondent/promoter to fl asreement wirhin,r",,,r:l::j:'r""'.',',TT: ::il:r. ::H:H::::; view that there is delay on the part of the ."rpond"nt to offer of possession ofthe allotted unit to the complainant as per the terms and conditions ofthe buyer,s agreement dated 10.0g.201g executed between the parties.

23.

Accordingly, the non_con 1 1 (4r (ar read *, * .-",,Jll'Jl"r;j ;::, il:f:"^:::T';j ;,TT: respondent is established.

A inte rest ror every, *,r, ;'#:;:T ::::::T, i:::: ::IH;T; till offer of possession (71.0S.ZOZO) plus two months i.e., 7.

O7.2OZO or actual handover of possession 2g.06.ZO20 whichever is earlier.

Since possession was handed oyer d eraye d p os s essi o n ch arges ;: i:::: :: 1'J:"T1, ::ffi ;:r;; :: prescribed rate i.e., 11 0/o p.a. as per proviso to section 1g(1) ofthe Act read with rule 15 ofthe rules.

F.II Direct the respondent to ,n.o.'J"'."iT.i,1,',i1?t-',?il#'.,"1r#fi1;"il:;::;ffi H,,":. is under an obligation to get the conveyance a""a "*uarr"a in favour of the complainant.

Whereas as per section 19(11J of the Act of 2016, the allottee is also obligated to participate towards registration of the conveyance deed ofthe unit in question.

25. stion.

25.

The possession of the subiect unit has already been offered after obtaining occupation certificate on 04 complainant on 2g.06.2020.'1-2 2079 and the same was taken by the So, the respondent is directed to get the Page 15 of 18 HARERA MGURUGRAM Complaint No.

4691 of 2023 and 2 others conveyance deed executed within a period of two months from the date of this order.

F,III Direct the respondent not to charge maintenance charges and deduct maintenance charges from pre-paid electricity charges.

F.lVRestrain the respondent for charging amount in form of maintenance charges and deducting charges from pre.paid electricity meter of the complainant in forms ofVAT and maintenance charges.

26.

The respondent in the present matter is charging Rs.3/- per sq. ft. under the head of maintenance charges only.

Moreover clause 4(v) ofthe policy, 2013 talks about maintenance of colony after completion of project: A commercial component of 4ak is being allowed in the project to enoble the coloniser to mointain the colony t'ree-of-cost for o period of five years from the dote ofgrant of occupqtion certit'icate, after which the colony shall stand tronsferred to the "ossociation of apqrtment ov,/ners" constituted under the Horyano Aportment 0wnership Act 1983, for maintenonce.

The coloniser shall not be ollov,/ed to retoin the mointenance of the colony either directly or indirectly (through ony of its ogencies) ofier the end of the said t'ive years period.

Engoging ony agency fot such maintenance works shall be at the sole discretion and terms ond conditionslinolisect by the "association of apartment owners" constituted under the Aportment 0wnership Act 1983.

27.As per the order issued by DTCP, Haryana vide clarification no. pF- 27A/2024 /3676 dated 37.01.2024, it has been very clearly mentioned that the utility charges (which includes electricity bill, water bill, property tax waste collection charges or any repair inside the individual flat etc. flat etc.) can be charged from the allottees as per consumptions.

Accordingly, the respondent is directed to charge the maintenance/use/utility charges from the complainants-allottees as per clarification issued by the Directorate ofTown and Country Planning, Haryana vide clarification dat ed 31,.O1l.ZOZ4.

28.

The respondent is directed to charge the GST as per rules and regulations and for the input tax credit, the attention ofthe authority was drawn to the fact that the legislature while framing rhe GST law specifically provided for anti-profiteering measures as a check and to maintain the balance in the inflation of cost on the product/services due to change in migration to a new Page 16 of18 MHARERA H euRuenRvr Complaint No.

4691. of 2023 and 2 others tax regime i.e.

GST, by incorporating section 171 in Central Goods and Services Tax Act, 2 01.7 / Haryana Coods and Services Tax Act, 2017, the same is reproduced herein below: "Section 171. (1) Any rcduction in rate of tax on ony supply ofgoods or services or the benefit ofinputtax credit sholl be passed on to tne recipiint 61, y16y 6yconmensurote reduction in prices." 29.

The intention of the legislature was amply clear that the benefit of tax reduction or'lnput Tax Credit,is required to be passed onto the customers in view of section 171 of HGST/CGST Act,20.17.

As per the above said provisions of the Act, it is mandatory for the respondent to pass on the benefits of'lnput Tax Credit' by way of commensurate reduction in price of the flat/unit.

Accordingly, respondent should reduce the price of the unit/consideration to be realized from the buyer of the flats commensurate with the benefit of ITC received by him.

The promoter shall submit the benefit given to the allottee as per section 171 of the HGST Act, 2077 .

The builder has to pass the benefit of input tax credit to the buyer. the buyer.

In the event, the respondent-promoter has not passed the benefit of ITC to the buyers of the unit then it is in contravention to the provisions ofsection 171(11 ofthe HGST Act, 2077.

The allottee shall be at liberry to approach the State Screening Committee Haryana for initiating proceedings under section 171 ofthe HGST Act against the respondent-promoter.

G.

Directions of the Authority: 30.

Hence, the authority hereby passes this order and issues the following directions under section 37 of the Act to ensure compliance of obligations cast upon the promoter as per the function entrusted to the authoritv under section 34(f): i.

The respondent is directed to pay interest to the complainant against the paid-up amount at the prescribed rate oF 110lo p.a. for every month Page 17 oflB IfBERA ffiGUI?UGRAM of delay from the due date of possession i.e., 0g.[3.Z[Igtiil offer of possession (17.05.2020) plus two monrhs i.e., 11,.07.2020 or actual handover of possession 2g.06.2020 whicheyer is earlier.

Since possession was handed over to allottee on 2g.O6.2L2l,being earlier.

Hence, delayed possession charges be calculated up to that date(2a.06.2020) as per proviso to section 1B(1J of the Act read with rule 15 ofthe rules. ii.

The respondent is directed to charge the maintenance/use/utility charges from the complainants-allottees as per consumptions basis as has been clarified by the Directorate of Town and Country planning, Haryana vide clarification dated 31 .OL.ZO24. iii.

The respondent is directed to get the conveyance deed executed within a period of two months from the date ofthis order.

31.

This decision shall mutatis mutandis apply to cases mentioned in para 3 of this order.

32.

Complaints stand disposed of.

True certified copy of this order shall be placed in the case file of each matter.

33.

Files be consigned to registry.

Ku Arora) Member Haryana Real Estate Dated: 02.08.2024 Gurugram Regulatory Authority, Page 18 of 18