GAURAV GUPTA vs ISHV REALTORS PRIVATE LIMITED

ffiHARERA ffi-aJttUGRAM Complaint no.

437 6 of 2023 and 4 others BEFORE THE HARYANA REAL ESTATE REGULATORY AUTHORITY, GURUGRAM Date of decision: - 07 .02.2025 NAME OF THE BUILDER ISHV Realtors Private Limited.

PROIECT NAME Skyline 109, Sector 109 ", Gurugram, Haryana S.

No.

Case No.

Case title Appearance 1. cR/4376/2023 Gaurav Gupta VS 1.

ISHV Realtors Private Limited kdy% 5.

Sh.

Su Adv.

Hemant Phogat (Complainant) Adv.

Shankar Wig (Respondent No.

1) Adv.

Krishan Yadav for Respondent No.

2 to B 2. cR/4378/2023 Gaurav Gupta VS 1.

ISHV Realtois Private Limited 2.

Jitender 3.

Sudesh Kumar 4.

Hemant Kumar 5.

Sunil Kumar 6.

Ajay Singh 7.

Satya Narayan B.

M/s Anium and Associates Pvt.

Ltd , Adv.

Hemant Phogat , (ComPlainant) i Adv.

Krishan Yadav for RespondentNo.

ZtoB 3. cR/4430/2023 $ajen{ra Pf*tup Singh VS ISHV Realtors,Private r ': tiflnited'-q I 't Sh. fitender Sh.

Sudesh Kumar Sh.

Hemant Kumar Sh.

Sunil Kumar Sh.

Ajay Singh Sh.

Satya Narayan M/s Anjum and Associates Pvt.

Ltd f*.,,, ,{ 2.

3.

4.

5.

6.

7.

B.

Adv.

Shankar Wig fRespondent No.

2 to B 4. cR/4428/2023 Rajendra Pratap Singh VS Adv.

Hemant Phogat (Complainant) Page 1 of24 ffiHARERA ffiOUNUGIIAM I l;'t; +,. ' CORAM: , ' Chairman Shri Arun Kumar 'ti','I ,t",, "-n',.,,.,0,*R, E ', ,"' a' t..tl i'-r. ,..-l 'il 1-1, rN-i; 1. ' ': .t i: I l:':rl 1.

The order shall dispose on'ri' mplaints tlt:U aS'::':filed before l.'i I I ' this authority under sectign, ii "r trrl neat'Estate [*tl:'*ton and - :I i;: rr; ir' red as "the Act") read with Development) Aci' 2Ot6 (hereinafter refer i:: ' i""t [Regulation and Development) Rules' rule 28 of the HarYana Real zot7(hereinafterreferredaS,,therules,,). erules,,).SincetheCoreissues emanating from them are similar in nature and the complainant[s) in the above referred matters are allottees of the proiects' namely' Skyline 109, sector 109, Gurugram being developed by the same respondent- promoteri.e.ISHVRealtorsPrivateLimited.Theternrsandconditions ofthebuilderbuyer,sagreementsthathadbeenexecutedbetweenthe Adv.

Shankar Wig fRespondent No' 1) ea-u. ftitttan Yadav for ResPondent No' 2 to B 1.

ISHV Realtors Private Limited 2.

Sh. fitender 3.

AiaY Singh 7.

SatYaNaraYan B.

M/s Anium and-Associates Adv.

Shankar Wig fRespondent No' 1) eiv. xiistran Yadav for ResPondent No' 2 to I cLl442912023 Page? of 24 Raiendra PrataP Singh VS 1.

ISHV Reallo1s:Private Limiteid': , ;;]$.. , 2.

Sh. fitender. - .

Sudesh Kurirar 4.

Sunil (ul1t,qr 6.

Sh' AiaY Singh 7.

SatYa NaraYan .8.

M/s Anium.and Associates ffiffi tsiq wt HARERA GU11UGRAM parties interse are also similar.

The fulcrum of the issue involved in all these cases pertains to failure on the part of the respondent/promoter to deliver timely possession of the units in question' seeking award for delayed Possession charges' of the complaints, reply status' unit no" date of allotment 2.

The details Ietter, date possession, of agreement, date of start of construction' due date of offer of possession and relief sought are given in the table below: < ors P J91 - te Limited rnr IO9 ISHV R"dd SkYline h,C4C i proPosrd to be delivered bY the f this'lgreemenL lf the completion h Aati, cement or other building ,d ti; dispute with the construction iw"reason o7 war of enemY action or Ltsinriit rt o resultof any Act' Notice' wii;irto^Prtent AuthoritY or due to iuoation cirtificate by any Competent.

Competent. di; rh, DEV'ELIPER shalt be entitled ffii,irvgtoPER as a result of such a ffiiriort of this Agreement or if the $gvstown maY susPend the Scheme Possession Claus DEVELOPER to tht of the said Buildi materials, or wate agency emPloYed ftrroristaction or Order, RuIe or No delay in action of AuthoritY or for a tu extension of t'it contingencY arisi' circumstances be; I for such Period a: ;e 15: That the.P t ALLOTTEE[SJrrwit ng is delayeal'Ui;:i 'r supPIY or eJellt:it bt t\ rrYfl9:::, lock out tification oIl,{ft6=Uo building l zdPirtgt ny other reason be. ne for delivery of 7 ng, reserves the riq vond the control of ; it might consider r Occupation certificate Is not oorilluEu __-:--------t- -.- - --,-T alr t Sr N o Complai I ntl No./ritl I e/Date I of filing/ ReplY status unit I /sho I pl no.

Irt ShOP ':' no. a$ p9r settle-m ent agreem ent oate or I eiecuti I onof I builder I buyeris l lagreem ent Date of I Oue settlem I date of ent !

Posses agreem i slon ent I I Otler ot possessiort 20.08.20 20 07.02.

2018 Not offered I oc-N/A I TC- Rs.

1,29,87,695/- 1.

DPC 2.

Possession of the Re- allotted the unit as Per the I settlement I ugr".tn.n,.

I 1 cLt437 | 612023 I I 03.10.20 I 23 ReplY not filed 63 I srou I ndl floor r278 sq.ft.

LG-50 07.02.20 I 14 I Page3 of24 AP- Rs.

35,82,91.5/- 2. cR/437 8/2023 03.10.20 23 Reply not filed 63 grou nd floor t278 sq. ft.

LG-15 07.02.20 14 , li.; 20.08.20 20 07.02.

2018 Not offered oc- N/A TC- Rs.

1,29,87,695f - AP- Rs.

35,82,9L51- 1.

Possession of the Re- allotted the unit as per the settlement agreement.

3. cR/443 0/2023 06.10.20 23 Reply not filed 94 grou nd floor 7278 sq. ft.

LG-16 = it .,tlit;; #, !l- : .:1, !r _ 07.02.20 1.4 $ l.;. t it:, 20.08.20 7i '07.02.

20t8 ,._aB,lillttl ::= .: '&,. ffi Not offered oc- N/A rrifC- Rs.

1\',29,ez,oss1- ;7,*'.' AP-,Rs. t,5,82,975/- '.',+ i:' ;li L, 2.

DPC Possession ofthe Re- allotted the unit as per the settlement agreement.

4. cRl4+2 812023 06.10.

023 06.10.20 23 Reply not filed 94 grou nd floor t278 sq.ft.

LG-4s I r,$ri l!i, l,!::.. ,t, lll\. ,l a' 07.02.20 I t+l I I I ; ;;f aa 20.08.20 20 I I I I I 07.02.

2018 Wot offered 6c- N7a TC- Rs.

L,?9,87,6951- ;:. :i I I AP=,1 Rs.

I 35,82,91,5/- I I I I I 1.

2.

DPC Possession of the Re- allotted the unit as per the settlement agreement.

5. cR/442 e/2023 06.10.20 23 Reply not filed 94 grou nd floor t278 sq. ft.

LG-L7 07.02.20 T4 20.08.20 20 07.02.

1,,29,87,6951- AP- Rs.

35,82,9L5/- 1.

DPC Possession ofthe Re- allotted the unit as per the settlement agreement ffi ffi rm{l qqt HARERA GUl?UGRAM Complaint no.4376 of 2023 and 4 others Page 4 of 2+ ffiHARERA ffiouRllGRntvt Complaint no.

437 6 of 2023 and' 4 others The facts of all the complaints filed by the complainant(s)/allotteefsJ are similar.

Out of the above-mentioned case, the particulars of lead case CR/4376/2023 titled as Gaurav Gupta VS ISHV Realtors Private Limited and Ors. are being taken into consideration for determining the rights of the allottee[s).

Proiect and unit related details The particulars of the projgct, 1'!,.3,,,o",rils of sale consideration, the amount paid by the complaiffi.,'*,3,,. of proposed handing over the possession, delay period, if i r; hive been detailed in the following tabularform:.l,n,-,...i,'1],..;',, .. i.,= ,, ri.. , i.

I I cR/4376/2023 titled as Gaurav, GyPta VS ,ISHV Realtors Private Limited and Ors,i ' 'r' :,,. ri ,, : 3.

S.

N.

Particulars =.1|}= {\ o,,'1 Details 1.

1 ::::.

Name of the project Sldyline 109, Sectbr 109, Gurugram 2. .

Project area 'F '"i 3.

DTCP license !

RERA registere'd/ or no Not registered Shop No. and size as Per BBA ffi 63, ground floor admeasuring 1278 sq. ft. (Page no.47 of comPlaintJ 6.

Re-allotted shoP no. and area as per settlement agreement dated 20.08.2020 LG-50 admeasuring443 sq. ft. [Page no.99 of comPlaint) Page 5 of24 3.IBt87 Acres 24 ot20Lt dated 24.8.2A71 Valid up to 23. up to 23.03,20ts ffi ffi e{tq ssi HARERA GU11UGIIAM Complaint no.4376 of 2023 and 4 others 07.02.20L4 [Page no.46 of the comPlaintJ Date of builder buYer agreement 15.

That the possession of the said premrses ts proposed to be delivered by the DEVEL-OPER to 'Ihe'ALLOTTEE(S) within Four years from the date of this Agreement If the completion of the said Building is delayed by reason of non' availabitity of steel and/or cement or other 'irlhlrlftnc materials, or water supply or electric 'i?)sto* down, strike or due to a dispute {1,t'1" ^-- ^*^r^,,^) htt t-ho #onstruction agency employed by the Ffn,lock out or civil commotion or by te by anY ComPetent ffir-ffi&* ryP !h: r i s.!t'i :!":'^:: :Y,,'.1'^ ''IFapgitigfuo/this Agreemen,t "! "tf *'^ d&g t\, _,9!t::l^:[ 'tu, ![ iJ;ffi,L thE DEVELOPER MAY ;iwiii-nhu Scheme fbr such period as it might cohsiddr exP;edient., Possession clause 07.02.20L8 Due date of Possession 20.08.2020 (Page no.95 of comPlaint) Settlement agreement Rs.

1,29,87,695/- [As per BBA at Page no' 48 of the complaint) Total sale consideration Page 6 of24 7.

9.

10.

11.

HARERA GUl?UGr?AM Complaint no.4376 of 2023 and 4 others B.

Facts of the complaint 5.

The complainant has made the fg]f-o,"1,-1ring submissions in the complaint: I.

That the respondent noffi Heveloper while respondent nos.

2 to B are the license hol $ai'ihgJicense no.24 of 2071 dated II. ::', r.i "skyline L09" situated at,sector-l-09, Guiugram, Haryana on land measuring S;76fS7 Acrep situated wrthin the-revenue estate of respondent no.

1 and the lan_downers i.e. respondent nos.

2 to B have entered and eXecuted a cbllaboration agreement dated 24.06.2011 vihe va;ika beaiing no.,Sgg3, iegistered at the office of That on the basis of iights and privileges conferred to the developer i.e. respondent no.

L in the collaboration agreement dated 24.06.207L, the respondent no. ondent no.

1, approached the complainant and represented that the respondent is in right to exclusively develop, construct and build commercial building, transfer or alienate the shop/retail space and to carry out sale deed, agreement to sell, conveyance deeds, letters of allotments L2.

Amount paid by the complainant Rs.35,82,975/- (Page no.99 of complaint) 13.

Occupation certificate on Not Obtained L4.

Offer of possession made on Not Offered PageT of24 ffi ffi rs{q mt\ HARERA GUl?UGtlAM Complaint no.4376 of 2023 and 4 others etc. and persuaded the complainant to purchase a commercial unit in their upcoming project "Slrylinel09" being developed at Sector- L09, Gurugram, Haryana.

That believing upon the representations of the respondent no.

1, the complainant purchased and booked a showroom/ office space/ restaurant/ other space no.

63 (corner shop) situated at Ground III.

Floor, measurin e t27B ,S- qi,{-"1.',,f.u9,,f Rs.

9250 per Sq.

Ft. for a total sale consideration of Rs. i,,ffi75 /-.

Flat Buyer Agreement was executed between the ffiffiffiht no.

1 and the complainant on ru.

07.02.2014 and in igeu qf its g,Qqsideration, the complainant paid I its cr an amount of,Rs. a5192,9.1-5 p=o,i'T#r*pe 15 of the flat buYer t:l ,' -l :i: l " ,,..,' agreement, fh-( tespond.nt",,n.9,J P[o1lised and assured the complainani thai the p6siession oftthe iaid trnit shall be delivered I r,,;; 'tjl ,.".,'/ lti.i - [ i ]$ 9* to rhe .o-pluidahffitrri1 4j y.ifu.sl[of#n#) e{iecution of flat buyer " .4, ' , , -t i i That after execution of n+ buyer agreement, the complainant visited at the"si# oftb3 rff.qt ahdindtice-.d.1nr, there was no sign of constructi'bn 'and the lind on- wHich the project was to be developed wrs lying vacant, l upon iwhich the complainant confronted the respondent no.

1 and tried to enquire about the status of the project but the respondent no.

L made no contact with the complainant and avoided any form of communication with the complainant. mplainant.

That the complainant after being harassed and not getting any assurance and reply despite running from pillar to post for getting V.

Page 8 of24 HARERA ffiGUIIUGRAM Complaint no.4376 of 2023 and 4 others VI. any update about his unit and amount paid to the respondent no.

1, the complainant sent a legal notice dated 24.0L.2019 to the respondent no.

1 and its directors for seeking refund of his amount paid by the complainant in lieu of the unit.

That despite of serving legal notice, there was no reply from the respondent no.1 and subsequently the complainant gave a written complaint to the SHO, PS;Co-3.1aWht Place, New Delhi against the respondent no.

L and iii aryq'-"ii upon which an FIR bearing no' -r .l1 0037 dated 30.04.201,?itu/#!', 420/406/1,20-B/34 IPC was 4,Y o registered at es;Cy,lauglit:-r1e.e, , *"* Delhi against the respondent na,[ anu itb,Cffio* . ' ,u' , VII.

That after the,registration "f ein; Ufr. ,u[pandent no.

1 approach ,, . ;, : :' 1,, , '. l the complain$t for=-Settlem.$nt'hnd conveyed to the complainant - E. th.e c0nstruction of the project as they that theY could not starl have revised tha 6 $pfe f ;k.reirproject and will soon start ' fre#ised building plans are approved. the construction onie"tl That as per the settlement, the respondent no.

1 entered into a s ettlement afreemenf Aatud /a.lg'.ZOZo, wh ereby the respon dent e to1he reVised building plan allotted three alternative units and one of the unit allotted is bearing no.

LG-50, measuring a43 Sq.

Ft. @ Rs.

9250/- per Sq.

Ft.

The said allotment was made in lieu of the same terms and conditions of the flat buyers agreement dated 07.02.20L4. vlll.

That the respondent nos.

2 to B have got their license renewed from the Directorate of Town & Country Planning, Haryana vide Page 9 ofZ4 ffiHARERA ffiGURUGRAM Complaint no.4376 of 2O23 and 4 others memo no.

LC- 1 8 1 3 /Asstt (MS) / 202L / t7 89 4 dated 26.07 . ed 26.07 .2021, on the ground that they could not start the construction as the respondent nos.

2 to B are in process of revising the approved building plans.

That despite of the settlement agreement and revising of the building plans, the possession of the unit of the complainant has not been delivered by the respondent no.

1 and the project is extremely delayed and is far away from completion. x.

Thatthe complainant the terms and conditions of the agreement and have ments in a timely manner as and when de no.

1 and no default was X. ever made complainan adjusted 443 Sq.

That as per cla was under legal t and till date the LS /- which has been no.

LG-50, measuring 19.08.2020. t, the respondent the possession of the unit - "' antllr'rithi-n # &en@-E".fromShe date of execution of to the complafn.; , * :i*q, ..._^T- -^ "---,;- ,.- buyers agreement.

That dud to thepersondl disputes and interest relating to N.".ryo4e-mry #"fegd , among u tlie respondent no.

1 [developer) and respondents no.

2 to B (landowners), the construction of the project is being hampered and the complainant has been trapped in the vicious circle of the personal disputes of the respondents without there being any fault on his part.

XI.

That the complainant has undergone severe mental harassment due to the negligence on the part of the respondents to deliver his Page 10 of24 HARERA ffiGUIIUGI?AM unit on time agreed.

Therefore, respondents have forced the complainant to suffer grave, Severe and immense mental and financial harassment with no fault on his part.

The complainant being common person just made the mistake of relying on respondent no.L false and fake promises, which lured him to buy a unit in the aforesaid project of the respondents.

XII.

The cause of action accrued in favour of the complainant and wheii-due to their personal disputes' the agai nst the respondehtsl. ..:,*ri{.:,+: - construction of the,pro$li. he,pro$li.qJfrffi delayed, and the building plans posed to be lurieffiIferesnondents and further arose when the respomllt nffi.f,,?,L to del'lver the project as per its renf dda'to p"i tne delayed;p'ossession charges to the rants,l The cauSp o,f action iS continuing and is still ,:,i... t' ,,."i,,. ,, :l " .' The complainant ii segl-ring,,,! following relief: Th e co mpl ai nant h as-s ought {ollowrng relief(s): re respondent no. r ,o pay the delayed possession charges till valid offer of.possession,fo'r the re'-allotted unit bearing no' LG- 50, along-with prevailihg ihterest as pei t Act.

II.

Direct the respondents no.2 to B being the license holders of the project, to complete the project and deliver the physical possession of the re-allotted unit to the complainant' C.

Complaint no.4376 of 2023 and 4 others Page 11 of24 MHARERA ffiEUNUGRAM Complaint no.

437 6 of 2023 and' 4 others Reply filed by the respondents No.

2 to I The respondents had contested the complaint on the following grounds: I.

That the respondents 2 to B are the land-owning entity of the project in question.

Schedule of the land is already on record with the complaint.

That a licence bearing no.

24 of 20L1 dated 24.03.2011 had been obtained by us for setting up a commercial colony of land measuri acres by the resPondents 2 to B e license issued bY the DTCP Haryana, Chandigarh i record with the comPlaint.

That the land to B, and the resPondent no.

L had en ent dated 24.06.201'1 at the office of Sub was executed with Realtors Pvt.

Ltd.) as the devel Naveen Gambhir and Pankaj Gambhir. ereafter changed to Vivek r a new director Amit ent, it was agreed h contractuallY bound to develop the said project by 24.0t.20L6.

That at the time of execution of the collaboration agreement, the said developer had represented that it had reasonable expertise and considerable experience in developing and setting up a commercial complex' It was relying upon these representations that were entered upon in the sa in the said collaboration agreement' D.

7. vide Vashi Registrar, III. rhat in terms"gj rt: that the said develoP Page 12 of24 ffiHARERA ffialtuglAM Complaint no.4376 of 2023 and 4 others ry.

That as per the terms and conditions of the collaboration agreement, the developer was liable for getting the requisite permissions concerning the project and thereby the developer got the licence renewed on 26.07.2021.

The renewed license is already on record with the complaint.

That in fact the said developer had specifically assured us that all the stipulations, obligations, terms and conditions recorded in the agreement or provisions of law, rules, regulations, noti applicable to the project or imposed by the com orities while granting letter of intent, license, I nctioning of zoning plan approval ofb ictly by the developer during the That after ers had signed and but only for me was delayed for a long time and per was got done vide dated 19.L2.2022 of V. handed ove the reasons memo no.

LC-181 nge in developer, the registration of the project and the on no.

37 of 2023 dated 02.02.2023.

Iy'I.

That it remains an undeniable fact that the respondent no.2 to B have not received even a single rupee from any person alleging himself/herself or itself to be an allottee of any area in the project in question.

That the respondent no.2 to B have had no concern with the said complainant, transactional or contractual, at any DTCP Haryans, Chanq€ developer hfld fu th6ft Page 13 of24 w ffi- HARERA GU11UGIIAM point of time and further that none of us has made any sales whatsoeveroutoftheareaproposedtobedevelopedandnoneof us have received any amount whatsoever from any person/entity towards the sale of any area to be developed in terms of the license mentioned in the preceding paragraphs' ul.

That the respondent no.Z to 8 have been subject of a preplanned fraud and conspiracy bV th. acy bV th.-u,,:",?id developer' The said developer has kept us entangled last m'0d Z Years therebY dePriving us of our own land as well asi ts of the license no' 24 of 20tL' Furthermore, we ha{e. su ftitg*-monetary losses as well' On the other hand; thb' id' M,$Ag.F+ onlY defrauded us but *s*, " has also violated" the rule$ t"pqlfuhns of the honourable e S*a ' f *41is thesaid etrhla tn6sb rlres set by the Town & authoritY as"w.el qrg.rvv F__-_ il #,+ il+ :if ,r E "'+r i c ountry ph6#; h H&"$". {Fil$ th - wl;in g resp ondents have no role or rel-p,r9""iP,]liry Witfr tltfefr.td the development or construction oi ffi sfd Proiect vrl.

That the buirde. uffigreement mentioned in the complaint by the complainant had been.entered into between the complainant and the respondent no. -:---, , ., . i. l been r"..ivei uitue qespollaents 2 to, I from the complainant' Thatassuch,thereisnolegalorcontractualrelationbetweenthe complainantandtherespondents,andthepresentcomplaintis badformisioinderofpartiesandisliabletobedismissedqua respondentsaSthereisnoprivityofcontractbetweenthe complainantandrespondentsno.landthereisnodeficiency whatsoever on part of respondents' Complaint no.4376of 2023 and 4 others Page 14 of24 MHARERA ffiCUNUGrIAM x.

That the flat/builder buyer agreement is executed between the complainant and the respondent no.

1 which clearly shows that the transaction and commitments made were between them and the respondents 2 to B were never party to the sale' Further' as prayed by the complainant in his complaint for completion and delivery of theprojectbytherespondentnumber2toBisnotfeasibledueto thecapacityoftherespondglts2toBandthethird-partyrights created bY the In fact, the resPondents incurred huge losses on account of the inaction a lf of resPondent no.

1' The respondents h the comPlainant and cannot i responsible for the actions/in- is no cause of action raised in ndents have never received anY complainant and has x. no privitY of co Furthermore, advertiseme the t. eme the t. never Published any for any proPosal space bY the name Complaint no.437 6 of 2023 and 4 others RAM ThepresentComplaintwasfiledon03.l0.2023intheauthority.The notice for hearing was duly served to respondent no' 1' On 02'02'2024 Shri Shankar vig Advocate appeared on behalf of the respondent no' 1 and requested for a sought short adjournment for filing of reply' The saidrequestwasallowed,andtherespondentwasdirectedtofilethe reply in the registry along with a cost of Rs'5,0ool- to be paid to the Page 15 of24 9.

HARERA Complaint no.4376 of 2023 and 4 others GUIlUGtlAM complainant.

However, despite providing enough opportunity for filing the reply, no written reply has been filed by the respondent no.

L.

Thus, keeping in view the opportunity given to the respondent no.

1 and that despite Iapse of more than one year, the respondent has failed to file the reply in the registry.

Therefore, in view of the above-mentioned fact, the defence of the respondent no.

1 is hereby struck off by the authority.

Also, it is pertinent to men-ti.on here that the Act mandates that the t Authority shall deal/with the :9"T"1*l"1irts as expeditiously as possible and shall dispose of the same wilhig '3 period of sixty days from the date of receipt of such applic..3-tion/f:.T,,pjflnt and in case the time period is not adhered to, theA,l,rtho.iry*u*l-,.,,,,s111,,1r..o.0 the reasons in writing' The legislative intent for the said enactment is to provide speedy summary trial of the compirint filed bV lhq complainant.

The spirit and object of the benevolent legislation will be frustrated and defeated if the complaints filed are not, dispo.sed of expeditiously.

The present matter is pending for more thanl years..[he Rleadings are complete, there is no justification in adjourning th; nrgceedings anymore. ,.

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

Their authenticitY,is not in dispute Hence, the complaint can be decided on the basis of these undisputed documents and submission made by the Parties.

E. turisdiction of the authoritY 11.

The authority observed that it has territorial as well as subject matter jurisdiction to adjudicate the present complaint for the reasons given below: 10.

Page 16 of24 E.I 12.

HARERA Complaint no.4376of 2023 and 4 others GU11UGRAM Territorial iurisdiction As per notification no.

7/92/2017-LTCP dated 14.L2.20L7 issued by Town and country Planning Department, Haryana, the jurisdiction of Real Estate Regulatory Authority, Gurugram shall be entire Gurugram District for all purpose with offices situated in Gurugram.

In the present case, the project in question is situated within the planning area of Gurugram District, therefore,a.ll1.,lu,hority has complete territorial jurisdiction to deal with,n" Effi#.plaint' Subi ect-matter iurisdictio Section ltta)(a) of the Acl proyides that the promoter shall be responsible to the allottee as per agreement for sale.

Section L1'(4)[a) is reproduced as he*reunder: _ ys- E.II 13. sale, or to the assiciation of ai,lottees, as the case may be, till the conveyance of all thp opartments, plots or buildings, as the case ^o, br, ti the atllottees, or the common areas to the association olittottebs o, ti,, comtpetent authority, as the case may be; section 3 4-Fur7cti7n2 a[nU,fq!q.?n!A, .,, 3a(fl of the Act provides to ensure compliance of the obligations cast ,po, iip pro^otrri, the allottees and the real estate agents under this Act and the rules and regulations made thereunder' 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 PagetT of 24 HARERA ffiGURUGRAM which is to be decided by the adjudicating officer if pursued by the complainant at a later stage. ter stage.

Findings on the obiections raised by the respondent.

Obiection with regard to mis- ioinder of respondent no.

2 to B in the complaint.

While filing the complaint, the complainant sought relief against ISHV Realtors Private Limited _r.1"9-.....]..?,hers being the developers of the project. on failure to fulfil their obl",l, on to complete the project by the due date, the complainrr,,,,rPP,foa;hed the authority seeking relief of possession and delay_ possessi,on ,q,.!,l.q"t against the allotted unit' A bare perusal of variout do.u.e1ts placed ol the record shows that respondents no.

2 ,.!o,B are landowner.

The buyer's agreement with regard to the allotied unit wii executed between the cornplainant and ,,' .,, .,,. li, -': l respondent no.

1.

Even ifter allotment and buyer's agreement, demands for various payments wele raised against the allotted unit by respondent no.

1 only. ihus, it sh,,.gws that there is no privity of contract between respondel tno.lto B and the complainant and as such the plea of the respondent no.

2 to Bwith regard to misjoinder is valid and thus, would be justified to delete its name from array of party.

Findings on the relief sought by the complainant.

G.l Direct the respondent no.

L to pay the delayed possession charges till valid offer of possession for the re-allotted unit bearing no.

LG- 50, along-with prevailing interest as per the provisions of the RERA Act.

G.

Complaint no.4376 of 2023 and 4 others F.

15.

Page 18 of24 MHARERA ffiCUNUGIIAM Complaint no.4376 of 2023 and 4 others G.ll Direct the respondents no.2 to B being the license holders of the project, to complete the project and deliver the physical possession of the re-allotted unit to the complainant' 16.

In the present complaint, the complainant intends to continue with the project and is seeking delay possession charges as provided under the proviso to section 1B(1) of the Act.

Sec. tB(1) proviso reads as under' "section 78: ' Return of amo.u"1*l{ compensation 1g(1). ion 1g(1). lf the promoter fails to comqlte or is unable to give possession of :: :::'::::: :"' or buitdins' =:.'' ' ot intend to withdraw from Provided that where ai aillotte,e does n- the projecg, ;,gi;h il ,r^-p*.,,r.', ' tne or:o,;1y|u, '::::":,f:' every month.ofieiy.,.iitltheh|titndiigb,uofthdpossession,atsuchrate as maY be iiesbribed"', ,: i IT.

Clause 15 of tfre Uuita.r,bry.i', igt...ent provides for time period for handing over of possession and is reproduced below: ' "',, ,,-.';i I l lt ,,' ','."' 15.

PoSsESSIoN "t,,,, ii' ,r' "'t- 't'l'','- i' '* ' ' (a) Schedule forpossession of the Unit That thepossession- of the said Orynlses is proposed to be delivered iy iii iivsL\pER io tne ALLTTTEE(S) within !2u'y??rt from thedateofthisAgreement,IfthecompletionofthesaidBuilding ii,l\i*:i;';:,:;,:{;';tr;':i!x:#;r,i':f :,i:,:!;;;:::::':; a-oin, strike" or due to a dispute with the construction agency employed by the OgVgt'Opgi, toct< out or civil commotion or by reasonofwarofenemyactionorterroristactionorearthquakeor anyactofGodornon-deliveryofpos'sessionisasaresultofanyAct' Notice, Order, nuli or Notificaiion of the Government and/or any other public or competeni Authority or due to delay in action of buitding / zoning 'plans / grant of completion / .occupation certificate by anv iompeteni e!\21iW or f9r-:!l::!:' reason beyond the controt if [n' DEVEL\PE\' the DEVEL}PER shall be entitred to extensiton'of ti^, for derivery of possess.ion of the said iiiiirt. rhe oEvgtopgn ai a result of such a contingency arising' reserves the righti atter or vary the'terms and conditions of this Page 19 of24 ffiHARERA ffiCUNUGIIAM Agreementorifthecircumstancesbeyondthecontrolofthe DEVEL}PERsowarrant,theDEVEL\PERmaysuspendtheScheme for such period as it might consider expedient' 18.

Admissibitity of delay possession charges at prescribed rate of interest: The complainant is seeking delay possession charges at the prescribed rate. ibed rate.

Proviso to section 18 provides that where an allottee does not intend to withdraw from the project, he shall be paid, by the promoter, interest for every 19,,,1, of delay' till the handing over of possession, at such rate as t*l*f:cribed and ithas been Rr;scribed the rules.

Riiil'm*; been reproduced as under: RuIe 75.

Prescribed qnd sub-section (1) For the lending to section 72, section 18 r 791 section 18; and sub- at the rate marginal cost marginal cost of replaced bY such of lndia maY ftx public. t9. fr o m tim etru3#a{jtr atw ry:*wwr :"tr' v The l e gi sl ature in its-# #o.-]r-ilf f.J,u oidinrte legi slati o n under rul e .. a - --^^L 7F1^^ ral-o te of interest' The rate 15 of the rules has deterryine$ lhe,lrescribedra iril 'ii ':'5 "ln 1N')' lsonable and if the said of interest so determined by the.legislature' is rei ,J;#;l; .;;;ir.ri, ti*rit ensure unirorm practice in all the cases. : Zo,Consequently,aSperwebsiteoftheStateBankoflndiai.e., https://sbi'co.in,themarginalcostoflendingrate[inshort,MCLR)as ondatei.e.,07.O2.2o?,5is9.10%.Accordingly,theprescribedrateof interest will be marginal cost of lending la1g +2o/o i.e., 1t.lUo/o.

Complaint no.4376 of 2023 and 4 others sections Page 20 of24 MHARERA ffiCUNUGRAM 21.

Rate of interest to be paid by the complainant in case of delay in making payments- The definition of term 'interest' as defined under sectionz(za)oftheActprovidesthattherateofinterestchargeable 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: "(za) "interest" means the rates a,llottee, as the case maY ber;t)i.

Explanation. -For the Pu O the rate ofinterest in case of default' : promoter shal,l the interest payable bY the Promoter or the the allottee bY the Promoter, the rate of interest which the in case of default; ollottee shall be from or ony Part thereof till interest thereon st thereon is i nteii e si i I P aY obl e b Y to the Promoter "\i,ii"i{ i:oi"'iii'irt'iii-;tl;'*i an.oirt' in pavment to the ir:o^oiqitillilhe date t1. is paid;i' , ' '' , . the allbttee d is yaid;i' 22. .i, o, th; dei;y puy,nt1"s flom the complainant shall 23. .fr. ,r.i.iiU.a .",. i't', 1'1'lOo/o by the respondent/ 1 promoter which is the ,i.u it ii U.irg gianted to the complainant in case of delayed possessiol ch-a-1€es, ,. ,, :.,:. ..,, On consideration 6f tnu documentsivailable on record and submissions made by the parties regar$Jns.9,9ntraven-!ion as per :t"-t'::it ::tj: Act, the authority is rriirri.a that the respondent no'l' is ln contravention of the section 11t4)[a) of the Act by not handing over possessionbytheduedateaspertheagreementdatedoT.02.Z0t4.By virtueofclausel5(a)ofthebuyer,sagreementexecutedbetweenthe partieson07.O2.2o!4,thepossessionofthesubjectflatwastobe delivered within a period of four years from the date of this agreement' Therefore, the due date of handing over possession comes out to be Page2lof 24 HARERA ffiCUNUGIIAM 07.02.2018.

However, the respondent no.1 has failed to handover possession of the subject apartment to the complainant till the date of this order.

Accordingly, it is the failure of the respondent no'1 to fulfil its obligations and responsibilities as per the agreement to hand over the possession within the stipulated period' The authority observes that there is no document on record from which it can be ascertained as to whether the respondent has applie,! for occupation certificate or what is the status of constru.,to-l-*,3f-1$ffiject' Hence' this project is to be treated as on-going projed' ;'J ]he provisions of the Act shall be .1, i| ;t3,#,'# 24.

Accordingly, the n9n-.lipri1i"1,,,;-.,..9.,f*.;he man-$ate contain;a in section ad with;;;ri'o ,o-ldlii.n ratr) otthe::t "'.t:: part of the respondent no. ondent no.L l; ;tlu"tht*'As such, the complit"i':',1lottee shall be paid, by the piomo!9t,,iniittit fgt evelY,m-onth of delay from due date of possession i-u,,'ozlO z)oip till valid ofrtt of possession plus 2 t,'f.- '': :.:l 1,.,.r months after obtaining-"3..unfii-n certificate from the competent authority or actual rr3ndi,1g ;l:i ojlos,session-whichever is earlier' as per section 18[1)'ori!."[lt 'ii,2219_"ead witf rule ].5 of the rules' 25.

Further, the authority observel,that,the buyer's agreement executed between the compfrinrnt rra tt! reipondent no'l- was superseded by the settlement agreement executed inter se parties' Thus' by virtue of the settlement agreement dated 20'oB'2020' the respondent no'1 is under an obligation to allot the unit bearing no' LG-50 at lower ground floor.

In view of the above submissions, the respondent no'L is directed to allot the unit bearing no.

LG-50 to the complainant as per the Complaint no.4376 of 2023 and 4 others Page22 of24 ffi ffi waiq irqd HARERA GU11UGllAM settlement agreement dated 20.08.2020 and is further directed not to create any third party right against the unit bearing no' LG-S0' Directions of the authoritY Hence, the authority hereby passes this order and issue the following directions under section 37 of the Act to ensure compliance of obligations casted upon the promoter as per the functions entrusted to H.

26. the authority under section 31t0,1f,lhe Act: " I ; l':tu' ii r'11'' i.

The respondent no't* ea to pay interest to the .;;r;;oi"t",ffimount at the prescribed rate Prtverv fu oi d"l'Y from the due date of ' : - 07 r02.2A1& ''till,,valid' ofu of possession plus 2 possgsslon 1.e., u I .v L'Lv-*-.-tt-tl i,'.."q 4 .l .',,, tr r+ :; n .r ^+^s+ ii. '" ': i -i- . "' ^- .^rl. inharror ' authority of u.irrl handing over of possession, whichever is earlier, u, n&i.:rr"r 1t!1) of the Act of ??turead with rule 15 of the rules ,,. i"..,= i''; l' =l i ,ct, int"r.rl i.slub'd fr m 07.02. r m 07.02.2018 till the date r authority shll be paid by.the promoter to the allottee[s) wi.thin a feriod .,.9f bO alys'q,m'date of this order and interest for every: miornlh of delay shall be paid by the promoter to the allotteels) b"fOie "10tn' of tf,. subsequent month as per rule 1,6(2) of the rules.

The respondent no.1 shall handover possession of the shop/unit as agreedbytherespondentno.].intermsofthesettlement agreementdated20.08.2020executedinterSepartiesintermsof section 19(10) of the Act and is further directed not to create any third party right against the said unit' months afteu.iq$taining o..upition ceiuficate from the competent iii.

Page23 of24 HARERA OU{1UGt?AM The complainant(s) are directed to pay outstanding dues, if any, after adiustment of interest for the delayed period' Therespondent/promotershallnotchargeanythingfromthe complainant(s)whichisnotthepartofthebuilderbuyers agreement.

The rate of interest chargeable from the allottee[s) by the promoter,incaseofdefaultshallbechargedattheprescribedrate i.e.,11.10o/obytherespondent/promoterwhichistheSamerateof interest which the promoter,$all be liable to pay the allottee[s)' in case of default i."., tt..4gffiossession charges as per section Z(za) of the Act. ; ;*l;.THi* vii. rt is atso noted by the*gffiffi,'J tr'e Rroiect:tt1t::t^'-"li::: rI' ilrffi;;;; ;;.;** ;f*m{i#'pnqiecls' under section 3(i) of the Act "f z;iq-.tm;tp,*g +igae^l*'r"-cia violated the above provision of ,tt;,,, ,Aetz0ie",b s riiUie't6'be proceeded against under ,..tiffig "ii*i" Aiirg"d,ig CUi{ffinning branJh of the Authority trfui.J to ipitiatt gtt!o^1 'Sqii$t the promoter in this regard withrh S0taays of paiiing of this orcler' This decision shall m.ytatis ,nutrnaii'apply to cases mentioned in para 2 of this order wherein {e--1.1ils "f-'"id-Yq. "'1ou"t is mentioned in each ofthe complaints. .''.i;1;1j1;-*W,3*p"- complaint as well -as applii*1ti3*nt' -,1J,-'---1,Ii* stands disposed off accordingIy.::l'i"],-.';. 'i"],-.';.

Fite be consigned{,o :,"fi?Iry;= i ; "" ,, "i (Arun Kumar) Chairman Haryana Real Estate Regulatory Authority' Gurugram Dated: 07 '02'2025 Complaint no.4376of 2023 and iv.

V. vi.

27.

29.

28, \Lh,*/ Page24 of 24