RAJIV KULSHRESHTHA AND PRIYANKA KULSHRESHTHA vs BPTP LTD.

Order not pronounced today. The respondent is directed to file an affidavit as to whether third party rights have been created in the unit in question and if so, details of creation of third party rights in the unit in question including date of creation of third party rights and document through which such rights were created to be submitted. The affidavit may be filed within a week with advance copy to the complainant. Matter to come up on 09.10.2024 for pronouncement of order.

The present complaint has been filed on 13.06.2023 and registered as complaint no. 2638 of 2023. Reply on behalf of the respondent has been received on 10.04.2024. Succinct facts as per the complaint and the reply are as follows: Sr. No. Particulars Details 1. Name of the project “Park-Serene-Spacio”, Sector-37-D, Gurugram. 2. Nature of the project Group Housing Colony 3. Project Area 23.814 acres 4. DTCP license no. License No.-83 of 2008   5. HRERA Registered  Registered Registration no. 300 of 2017 Dated-13.10.2017. Validity upto 12.10.2020 6. Date of booking 07.09.2010 7. Unit no. Flat no. Q-306, Tower-Q (As on page no. 31 of complaint) 8. Unit area 1000sq.ft. [Super-Area] (As on page no. 31 of complaint) 9. Allotment letter 12.11.2010 (As on page no. 31 of complaint) 10. Date of execution of Flat Buyer’s Agreement 05.04.2011 (As on page no. 35 of complaint) 11. Possession clause Clause 3. Possession 3.1 The Seller/Confirming Party, whether under this Agreement or otherwise, from time to time, the Seller//Confirming party proposes to handover possession of the Flat to the Purchaser(s) within a period of 36 months from the date of booking/registration of the flat. The Purchaser(s) agrees and understands that the Seller/Confirming Party shall be entitled to a grace period of 180(One Hundred and Eighty) days, after the expiry of 36 months, for applying and obtaining the occupation certificate in respect of the Colony from the Authority. 12. Due date of possession 07.01.2014 [Calculated 36 months from the date of booking i.e., 07.09.2010 + 180 days grace period] 13. Total sales consideration Rs.48,59,353/- (As per S.O.A at   page no. 83 of complaint) 14. Total amount paid by the                         complainant Rs.35,29,895/- 15. Cancellation letter 11.11.2022 16. Occupation certificate 15.01.2021 17. Offer of possession  29.01.2021 (As on page no. 81 of complaint)     The complainants have sought following relief(s):- 1.     To set aside the termination letter dated 11.11.2022. 2.     To handover possession along with D.P.C. 3.     Issue fresh offer of possession. 4.     Not charges GST, administrative charges, additional FFC. The counsel for the complainant is seeking the above reliefs on grounds that the offer of possession dated 29.01.2021 was accompanied by unreasonable demands and an increase in the area.  He states that the issue regarding the other reliefs, apart from setting aside of cancellation, may be dealt in terms of report of the Committee constituted under the Chairmanship of Shri Manik Sonawane,  IAS retired.   He further states that the respondent failed to adjust the delayed possession  interest in the demand conveyed to the complainant. The counsel for the respondent states that the cancellation was preceded by multiple reminders and on account of non payment of dues,  the unit was cancelled on 11.11.2022 in terms of clause 11.1 of the BBA and states that the cancellation is valid.   Notwithstanding the above,  he further states that in case otherwise, the committee report as mentioned above may be followed for grant of the reliefs.  So far as the adjustment of delayed possession interest is concerned,  the counsel for the respondent states that the same was adjusted as loyalty bonus annexed with the statement of account sent with the offer of possession.       Arguments heard. Order reserved. Matter to come up on 11.09.2024 for pronouncement of order.

Reply filed by the respondent in the registry today taken on record. Copy of same supplied to the learned counsel for the complainant. Cost of Rs. 10,000/- not paid. Adjournment requested. Now the matter is listed before the Authority on 07.08.2024 for final arguments as well as payment of Cost of Rs. 10,000/-. It is made clear that in case the cost of  Rs. 10,000/- not paid on behalf of the respondent then reply filed by the respondent may not be read over.

Matter is adjourned to 10.04.2024.

Reply not filed by the respondent within the stipulated period given in the order dated 16.11.2023. Cost of Rs. 5000/- also not paid. Adjournment requested which is highly opposed. In the interest of justice, the case is adjourned for 29.02.2024 for filing reply on behalf of respondent subject to cost of Rs. 10000/- failing which defence of respondent shall be struck off.

The present complaint was filed on 13.06.2023 and registered as complaint no. 2638 of 2023. Written reply has not been filed by the respondent so far. The counsel for the respondents requests for a short adjournment for filing of reply. Respondents are directed to file the reply within two weeks i.e., by 30.11.2023 in the registry with a copy to the complainant failing which cost of Rs.5000/- shall be imposed. Last opportunity is being granted. In case the reply is not filed within the time allowed, the defence of the respondents shall be struck off. Matter to come up on 08.02.2024  for further proceedings.