BHARAT BAJAJ AND USHA BAJAJ vs MS VATIKA LIMITED

The present complaint was filed on 03.04.2023 and the reply on behalf of respondent no. 1 was filed on 08.09.2023. The counsel for complainant has filed an application for amendment in relief sought on 07.03.2024. S. No. Heads Information 1.       Name and location of the project “Vatika Inxt City Center” at Sector 83, Gurugram, Haryana 2.       Nature of the project Commercial complex 3.       Area of the project 10.72 acres 4.       DTCP License 122 of 2008 dated 14.06.2008 valid upto 13.06.2018 Licensee name M/s Trishul Industries 5.       RERA registered/ not registered Not registered 6.       Date of execution of builder buyer’s agreement 27.12.2010 (page no. 18  of complaint) 7.       Unit no. 219, 2nd Floor (page no. 21 of complaint) 8.       Unit shifted to 115, 1st floor, Block B (as per reallocation letter on page no. 39 of complaint) 9.       Unit area 750 sq. ft. (page no. 21 of complaint) 10.              Addendum agreement 27.12.2010 (page no. 35 of complaint)                     11.              Addendum to BBA [Reallocation of project from trade center to INXT] 27.07.2011 (page no. 36 of complaint) 12.              Total consideration Rs. 37,50,000/- (page no. 21 of complaint) 13.              Total amount paid by the                         complainants Rs. 37,50,000/- (page no. 21 of complaint) 14.              Reallocation of unit 25.04.2013 (page no. 39 of complaint)  15.              Possession clause The developer shall complete the construction of the said complex within 3 years from the date of execution of this agreement. Further the allottee has paid full sale consideration on signing of this agreement, the developer further undertakes to make payment as per annexure A per sq. ft. of super area per month by way of committed return for the period of construction, which the allottee duly accepts. In the event of a time overrun in completion of the said complex the developer shall continue to pay to the allottee the within mentioned assured return until the unit is offered by the developer for possession. 16.              Due date of delivery of possession  27.12.2013 (calculated from the date of agreement) 17.              Assured return clause This addendum forms an integral part of builder buyer agreement dated 27.12.2010 a.      Till completion of building @ Rs. 71.50/- per sq. ft. b.     After completion of the building @ Rs. 65/- per sq. ft. You would be paid an assured return w.e.f.  27.12.2010 on a monthly basis before the 15th of each calendar month. 18.              Date of offer of possession to the complainants Not offered 19.              Occupation certificate Not obtained 20.              Completion certificate issued by respondent 29.03.2016 (page no. 59 of complaint) 21.              Assured return amount paid by the respondent till 30.09.2018 Rs.43,58,250/- (annexure R2, page 34B of reply) The counsel for the complainant is seeking only and only assured return and CD and no other relief is being sought. The counsel for the respondent states that  she is placing on record order copy of the order of Hon’ble UP Appellate Tribunal,  copy of the order of NCLT which is dated 07.06.2024 and copy of the order of the authority itself. Arguments heard Order reserved Matter to come up on 9.8.2024 for pronouncement of orders.

The matter is adjourned to 02.08.2024 for the purpose as already fixed.

The present complaint was filed on 03.04.2023 and the reply on behalf of respondent no. 1 was filed on 08.09.2023. The counsel for complainant has filed an application for amendment in relief sought on 07.03.2024. The counsel for the complainant states that the respondent has raised an objection w.r.t the relief claimed by the complainants and the complainants have amended the relief  and states that they are seeking  only assured return  and a copy of the same  has already been supplied to the respondent.  The counsel for the respondent states that he needs sometime to file reply to the same and requests for an adjournment. Request is allowed. Matter to come up on  24.05.2024 for further proceedings.

Counsel for the complainant states that  they have paid the full consideration of the unit  but the unit is not being offered  for possession and also assured return is not being paid. Counsel for the respondent states that the complainant is seeking assured return as well as delayed possession charges and complainant may be directed to choose the relief as both DPC and assured return cannot be allowed. Counsel for the complainant states that he wishes to amend the relief and wishes to go for the assured return. Request is allowed. He may do so, within two weeks after supplying a amended complaint /amendment w.r.t. relief to the counsel for the respondent. Matter to come up on 29.3.2024 for further proceedings.

On the last date of hearing on 1.9.2023, the respondent was directed to file reply within a period of 10 days in the registry of the authority after supplying a copy to the counsel for the complainant. Ms Ankur Berry, counsel for the respondent has put in appearance and states that the reply has already been filed in the registry of the authority  on 8.9.2023 after supplying a copy of the same to the counsel for the complainant. Matter to come up on 15.12.2023 for further proceedings.

Due to administrative reasons, the case is adjourned for the purpose already fixed. Respondent is directed to file reply within a period of 10  days in the registry of the authority after supplying a copy to the counsel for the complainant. Matter to come up  on 15.9.2023 for further proceedings.