ANITA DEVI vs NEO DEVELOPERS PVT.LTD.

Detailed order will follow. Matter stands disposed off.

Order not pronounced today. Matter to come up on 11.02.2025 for pronouncement of order.

The present complaint was filed on 07.06.2023 and registered as complaint No. 2326 of 2023 and reply is received on 25.01.2024. The succinct facts of the case are as follows: S. No. Particulars Details 1.       Name of the project “Neo Square” 2.       Location of the project Sectors 109, Gurugram 3.       Nature of the project Commercial 4.       Project Area 3.08 acres 5.       DTCP license no. and validity status 102 of 2008 dated 15.05.2008 valid up to 14.05.2024 6.       RERA Registered/ not registered 109 of 2017 dated 24.08.2017 valid up to 23.08.2021 7.       Unit and Floor no. Food Court unit (As per page no. 33 of the complaint) 8.       Unit area admeasuring 100 sq. ft. (Super Area) (As per page no. 33 of the complaint)) 9.       Allotment Letter 15.03.2016 (As per page no. 56 of the complaint) 10.                          Date of execution of MoU 21.09.2015 (As per page no. 17 of the complaint) 11.                          Assured Return clause 1.     The company shall pay a monthly assured return of Rs.9,000/- on the total amount received w.e.f. 21.09.2015 after deduction of tax at source and service tax, cess or any other levy which is due and payable by the allottee(s) to the company and the balance sale consideration shall be payable by the allottee(s) to the company in accordance with the payment schedule annex as Annexure I. the monthly assured return shall be paid to the allottee(s) until the commencement of the first lease on the said unit. This shall be paid from the effective date. (As per page no. 19 of the complaint) 12.                          Date of execution of buyer’s agreement 21.09.2015 (As per page no. 28 of the complaint) 13.                          Possession Clause   N.A. 14.                          Total Sale Consideration Rs.12,21,282/- (As per statement of account on page no. 91 of the reply) 15.                          Amount paid by the complainants Rs.11,19,526/- (As per statement of account on page no. 91 of the reply) 16.                          Assured return paid by the respondent Rs.4,08,000/- (As per statement of account on page no. 91 of the reply) 17.                          Payment Plan Construction linked plan 18.                          Due date of possession   Cannot be ascertained 19.                          Occupation certificate /Completion certificate Not Obtained 20.                          Offer of possession Not available 21.                          Demand letters 16.12.2015, 02.02.2017, 16.06.2017, 30.10.2020, 15.09.2021 & 30.09.2021 22.                          Lease deed 24.07.2020 (As per page no. 92 of the reply) Arguments heard. Order reserved. Both the parties may submit brief written submissions alongwith the orders passed by the Hon’ble High Court as well as citations within  a period of 15 days with an advance copy to each other. Matter to come up on 14.01.2025  for pronouncement of order.