SHOBHA BHALLA vs VATIKA ONE ON ONE PVT. LTD.

Detailed order will follow. Matter stands disposed off.

Vide Resolution dated 26.02.2025, a request has been  received from the District Bar Association Gurugram regarding suspension of work on 28.02.2025 on account of annual election of District Bar Association Gurugram. In view of the above, the matter is adjourned to 28.03.2025  for pronouncement of order.

The present complaint has been received on 18.01.2023 and the reply was received on 17.10.2023.  Succinct facts of the case are as under: S.N. Particulars Details Name of the project Vatika One on One, Sector 16, Gurugram. 2.       Nature of the project Commercial Complex 3.       Area of the project 12.13125 acres 4.       DTCP 05 of 2015 dated 06.08.2015 5.       RERA Registration 237 of 2017 dated 20.09.2017 Unit no. 350, 3rd floor, block no. 3 (Page 10 of complaint) 7.       Unit area admeasuring 500sq. ft. (Page 10 of complaint) 8.       Date of allotment 17.09.2016 (Page 10 of complaint) 9.       Date of execution of agreement 05.11.2016 (Page 13 of complaint) Basic sale consideration Rs. 39,64,505/- (Page 16 of complaint) Paid up amount Rs. 44,77,825/- (Page 3 of complaint) 12.                          Assured return 15. “The Developer may, where the Buyer has paid 100% of the Total Sale consideration and other charges for the Commercial Unit, upon signing of this agreement pay Rs. 151.65/- per sq. ft. super area per month by way of assured return to the Buyer, of certain category of commercial unit as per its policy, from the date of execution of this agreement till the construction of the said Commercial Unit is complete.” (Page 33 of complaint) 13.                          Amount of Assured return 18,90,570/- (from 09.11.2016 till 01.09.2018) –  page 3 of reply 14.                          Possession clause Clause 17: Handing over of possession of the commercial unit in case of non leasing arrangement: . …“Within 48 months from the date of execution of this agreement” 15.                          Due date of possession 05.11.2020 Offer of possession Not offered Occupation certificate 06.09.2021 The counsel for the complainant draws attention of the authority towards clause 2 of the allotment letter dated September, 09,2016 (Annexure C1)  vide which the respondent has promised to pay assured return at the rate of Rs.151.65 per sq.ft.  per month till completion of the construction post which it was liable to pay @ Rs.130/- per sq.ft. per month upto 3 years post completion or till the unit is put on lease, whichever is earlier. Further, no AR  is being paid since October, 2018 and hence, the respondent be directed for its payment in terms of the said allotment letter as the building is not yet completed and no assured return is paid. The counsel for the respondent states that subsequent to above allotment letter, a BBA was also executed on 05.11.2016 (Annexure C2) and as per same, the assured return @ 151.65 per sq.ft. per month is to be paid till  completion of the building. The assured return has been paid till October,  2018 and OC of the unit after its completion has been obtained on 06.09.2021 (copy supplied during the proceedings and requests for filing brief written submissions which may be filed within 2 weeks by both the parties. The counsel for the complainant states that as per clause 15 and 16 at page 29 and 30 the respondent is required to make payment even after completion of the building upto the 3 years or leasing of the building whichever is earlier. The counsel for the respondent will clarify the status if the unit has been put on lease and if any lease rental is paid as the counsel for the complainant is very categorical that the lease rental is not yet paid. Arguments heard. Order reserved. Matter to come up on 28.02.2025   for pronouncement of order.