DEEPAK BHATIA vs RELIABLE REALTECH PVT LTD

The present complaint has been received on 19.03.2021 and the reply on behalf of respondent was received on 27.08.2021. Both the proxy counsels state at bar that matter pertaining to deemed OC is pending before the Hon’ble Punjab and Haryana High Court and is fixed for 14.10.2024  and hence matter may be heard after the above date. Matter to come up on 26.11.2024 for further proceedings.

The present complaint has been received on 19.03.2021 and the reply on behalf of respondent was received on 27.08.2021. Succinct facts of the case as per complaint and annexures are as under: S.N. Particulars Details 1. Project name and location “Antriksh Heights”, Sector 84, Gurugram 2. Project area 23.10 acres 3. Nature of project Residential group housing colony 4. RERA registered/not registered Not registered 5. DTPC License no. 123 of 2008 dated 14.06.2008 Validity status 13.06.2018 Name of licensee Reliable Realtech Pvt. Ltd. 6. Occupation Certificate details OC received dated 19.05.2016 for tower/block- Ø AF (ground floor to 17th floor) Ø AG (ground floor to 9th floor) Ø AH (ground floor to 7th floor) Ø AI (ground floor to 9th floor) Ø AJ (ground floor to 9th floor) Ø AL (ground floor to 18th floor) Ø EWS (ground floor to 10th floor) OC received dated 14.10.2016 for tower/block- Ø AE (ground + 1ST floor to 19th floor) Ø AG (10th floor to 19th floor) Ø AH (8TH floor to 19th floor) Ø AI (10th floor to 19th floor) Ø AJ (10th floor to 19th floor) OC received dated 07.02.2020 for tower/block- Primary School (Ground floor to 3rd floor) 7. Respondent claiming deemed occupation certificate in respect of following towers Ø Tower AA – 80 Units, Ø Tower AB – 80 Units, Ø Tower AC – 74 Units, Ø Tower AD – 80 Units, Ø Tower AE - 40 Units Balance, Ø Tower AK - 71 Units Ø Tower AM – 160 Units Ø EWS          – 107 Units Convenient shopping, Community center, balance Part of the basement 8. Occupation Certificate details OC received dated 21.09.2020 for tower/block- Ø AA (ground floor to 19th floor) Ø AB (ground floor to 19th floor) Ø AC (ground floor to 18th floor) Ø AD (ground floor to 19th floor) Ø AE (ground floor to 19th floor) Ø AK (ground floor to 18th floor) Ø AM (ground floor to 19th floor) Ø EWS block (ground floor to 10th floor) Ø 2 no’s Convenient Shopping Type- 1 (ground only) Community Building (ground floor to 1st floor) 9. Unit no. 1805, 18th floor, Tower/block- AM, Unit measuring 1450 sq. ft. (Page 50 of the complaint) 10. Date of execution of agreement 30.05.2012 (Page 47 of the complaint) 11. Date of allotment letter 01.05.2012 (Page 45 of the complaint) 12. Possession clause 12. POSSESSION, RIGHTS AND INTERESTS The owner shall construct the apartment as early as possible and within 3 years, from the start of construction work unless due to unavoidable circumstances, it is not possible to do so, however, time is not the essence of this Agreement to sell in this regard. If the construction is completed earlier, the possession thereof can be delivered even earlier. The objections of the Allot(s) in this regard are not tenable/ entertain able. (Page 55 of the complaint). 13. Due date of possession 30.05.2015 Note: Date of commencement of construction is not given by either of the parties.  Thus, the due date of handing over the possession is calculated from the date of execution of the said agreement i.e., 30.05.2012 14. Total sale consideration Rs.61,96,000/- (As per estimated cost at page 46 of the complaint) 15. Total amount paid by the complainant Rs.59,22,936/- (As per averment of complainant page 21 of the complaint) 16. Re-issue of final demand cum offer of possession 30.11.2020 (Page 8 of the reply)   The complainant has sought following relief: 1.     Direct the respondents to refund the money of Rs. 59,51,890/- paid by the complainant towards sale consideration of the apartment. 2.     Direct the respondent to pay the interest at the rate of 18% per annum on the refundable amount to the complainant. 3.     Direct the respondents to pay amount of Rs.22,08,000/- to the complainant being paid by the complainant towards rent on account of non-delivery of possession of the said apartment within the stipulated time period. 4.     To pay the penalty of Rs.5,00,000/- to the complainant on account of harassment, paid and mental agony suffering being suffered by the complainant on account of non-delivery of the apartment by the respondents. 5.     Cost of the complaint may also be awarded in favour of the complainant against the respondent.   The counsel for the complainant states that request for refund was filed before this authority on 19.03.2021 after making a request through email to the respondent for refund in January 2020.  The offer of possession has been made on 19.12.2016  and again on 30.11.2020, a copy of which has been placed on record at page 8 of the reply but no copy of the earlier offer is placed on record, although the same is mentioned in the offer dated 30.11.2020. The matter is pending in Hon’ble Punjab and Haryana High Court on issue of deemed occupation certificate for which next date fixed is 18.07.2024. Matter to come up on 13.08.2024 for further proceedings.

The present complaint has been received on 19.03.2021 and the reply on behalf of respondent was received on 27.08.2021. An application has been moved by Ms. Khyati Sharma proxy counsel appearing on  behalf of the respondent on the ground that the main counsel Shri Shanker Wig has suffered a massive cervical attack in the wee hours of the morning around 4.00 AM and rushed to Medanta Hospital Gurugram and requests to adjourn the matter to some other date. Request is allowed.  It is made clear that no further adjournment  to the respondent shall be granted  Matter to come up on  30.04.2024 for further proceedings.

Coram  of full bench is not complete.  Hence the case is adjourned to  19.3.2024    for the purpose already fixed

The present complaint has been received on 19.03.2021 and the reply on behalf of respondent was received on 27.08.2021. On the last date of hearing i.e., 11.04.2023, the counsel for the respondent/promoter submitted that the respondent has applied occupation certificate on 18.10.2016, along with prescribed documents, but the department has not processed the application of occupation certificate. As such as per code 4.10(5) of the Haryana Building Code, 2017 deemed occupation certificate has been treated by them in this case, which is reproduce below: - “If no communication is received from the Competent Authority within 60 days of submitting the application for “Occupation Certificate”, the owner is permitted to occupy building, considering deemed issuance of “Occupation certificate” and the application Form BR-VIII shall act as “Occupation Certificate”. However, the competent authority may check the violations made by the owner and take suitable action”. However, the matter remained pending before the department and vide their letter dated 21.09.2020, they have issued a belated ‘occupation certificate’ vide memo No. ZP-451- Vol.-11/AD(RA)/2020/1672 dated 21.09.2020. Regarding the claim of the respondent in connection with date of deemed occupation certificate, the respondent has filed a CWP no. 16873-2020 and the same is pending before the Hon’ble Punjab and High Court for 11.12.2023. So, in view of the matter being sub-judice with regard to date of occupation certificate, matter to come up on   16.01.2024  before full bench  for further proceedings.

Due  to administrative exigencies (re-distribution/re-allocation of court files), the case is adjourned. The matter to come up on 06.12.2023 for the purpose already fixed.

The present complaint has been received on 19.03.2021 and the reply on behalf of respondent was received on 27.08.2021. The counsel for the respondent states that on the last date of hearing he could not appear due to an accident in which he was injured and the cost imposed by the authority may be waived off. The counsel for the complainant has no objection to it. Cost is waived off. The counsel for the complainant states that the due date for handing over of possession for the unit was 30.05.2015  while the complaint was filed by the complainant for refund of the amount deposited on 19.03.2021.  Prior to that refund application was also made on 03.01.2020 (at page No.73 of the complaint).  The offer of possession allegedly issued on 30.11.2020  was sent on wrong address by the respondent and was finally re-issued to the complainant on 30.07.2021. Therefore,   full refund of the amount deposited alongwith prescribed rate of interest may be allowed in terms of judgment of Hon’ble Supreme Court in case of Newtech Promoters and Developers Pvt. Ltd. versus State of U.P. The counsel for the respondent states that  the respondent was entitled to deemed occupation certificate for the project as on 19.12.2016 as per Section 4.10(5) of the Haryana Building Code,  2016. This matter has been confirmed by the department of Town and Country Planning vide their RTI reply dated 21.10.2020. He further refers email dated 21.09.2020 which was addressed to the allottee informing them of the occupation certificate. The matter is presently under adjudication before the Hon’ble High Court of Punjab and Haryana and the next date of hearing for the same is 25.05.2023. Matter to come up on 22.08.2023 for further proceedings.

The present complaint has been received on 19.03.2021 and the reply on behalf of respondent was received on 27.08.2021. Succinct facts of the case as per complaint and annexures are as under: S.N. Particulars Details 1. Project name and location “Antriksh Heights”, Sector 84, Gurugram 2. Project area 23.10 acres 3. Nature of project Residential group housing colony 4. RERA registered/not registered Not registered 5. DTPC License no. 123 of 2008 dated 14.06.2008 Validity status 13.06.2018 Name of licensee Reliable Realtech Pvt. Ltd. 6. Occupation Certificate details OC received dated 19.05.2016 for tower/block- Ø AF (ground floor to 17th floor) Ø AG (ground floor to 9th floor) Ø AH (ground floor to 7th floor) Ø AI (ground floor to 9th floor) Ø AJ (ground floor to 9th floor) Ø AL (ground floor to 18th floor) Ø EWS (ground floor to 10th floor) OC received dated 14.10.2016 for tower/block- Ø AE (ground + 1ST floor to 19th floor) Ø AG (10th floor to 19th floor) Ø AH (8TH floor to 19th floor) Ø AI (10th floor to 19th floor) Ø AJ (10th floor to 19th floor) OC received dated 07.02.2020 for tower/block- Primary School (Ground floor to 3rd floor) 7. Respondent claiming deemed occupation certificate in respect of following towers Ø Tower AA – 80 Units, Ø Tower AB – 80 Units, Ø Tower AC – 74 Units, Ø Tower AD – 80 Units, Ø Tower AE - 40 Units Balance, Ø Tower AK - 71 Units Ø Tower AM – 160 Units Ø EWS          – 107 Units Convenient shopping, Community center, balance Part of the basement 8. Occupation Certificate details OC received dated 21.09.2020 for tower/block- Ø AA (ground floor to 19th floor) Ø AB (ground floor to 19th floor) Ø AC (ground floor to 18th floor) Ø AD (ground floor to 19th floor) Ø AE (ground floor to 19th floor) Ø AK (ground floor to 18th floor) Ø AM (ground floor to 19th floor) Ø EWS block (ground floor to 10th floor) Ø 2 no’s Convenient Shopping Type- 1 (ground only) Community Building (ground floor to 1st floor) 9. Unit no. 1805, 18th floor, Tower/block- AM, Unit measuring 1450 sq. ft. (Page 50 of the complaint) 10. Date of execution of agreement 30.05.2012 (Page 47 of the complaint) 11. Date of allotment letter 01.05.2012 (Page 45 of the complaint) 11. Possession clause 12. POSSESSION, RIGHTS AND INTERESTS The owner shall construct the apartment as early as possible and within 3 years, from the start of construction work unless due to unavoidable circumstances, it is not possible to do so, however, time is not the essence of this Agreement to sell in this regard. If the construction is completed earlier, the possession thereof can be delivered even earlier. The objections of the Allot(s) in this regard are not tenable/ entertain able. (Page 55 of the complaint). 12. Due date of possession 30.05.2015 Note: Date of commencement of construction is not given by either of the parties.  Thus, the due date of handing over the possession is calculated from the date of execution of the said agreement i.e., 30.05.2012 13. Total sale consideration Rs.61,96,000/- (As per estimated cost of page 46 of the complaint) 15. Total amount paid by the complainant Rs.59,22,936/- (As per averment of complainant page 21 of the complaint) 16. Re-issue of final demand cum offer of possession 30.11.2020 (Page 8 of the reply) None is present on behalf of the respondent. One final opportunity is being given to the respondent for arguing the case on the next date with cost of Rs.10,000/- to be paid to the complainant. In case the respondent fails to appear on the next date of hearing,  the case shall be decided on merits after hearing the complainant and the reply submitted by the respondent which is on the record. Matter to come up on 11.04.2023 for further proceedings.

MATTER IS ADJOURNED TO 23.11.2022.

File has been received on transfer from the court of Adjudicating Officer in view of the judgment dated 11.11.2021 passed by the Apex Court in the case bearing no. SLP(Civil) No(s). 3711­3715 OF 2021) titled as M/s Newtech Promoters and Developers Pvt Ltd Versus State of U.P. and Ors. as matters regarding refund and interest under sec 18(1) are to be decided by the authority and matters regarding adjudging compensation to be decided by the Adjudicating officer. CRA for refund has been filed by the complainants on 25.03.2022                      The present complaint has been received on 19.03.2021 and the reply on behalf of respondent was received on 27.08.2021.           Upon perusal of documents on record, the authority observes that the respondent/promoter has applied occupation certificate on 18.10.2016, along with prescribed documents, but the department has not processed the application of occupation certificate. As such as per code 4.10(5) of the Haryana Building Code, 2017 deemed occupation certificate has been treated by them in this case, which is reproduce below: - “If no communication is received from the Competent Authority within 60 days of submitting the application for “Occupation Certificate”, the owner is permitted to occupy building, considering deemed issuance of “Occupation certificate” and the application Form BR-VIII shall act as “Occupation Certificate”. However, the competent authority may check the violations made by the owner and take suitable action”. However, the matter remained pending before the department and vide their letter dated 21.09.2020, they have issued a belated ‘occupation certificate’ vide memo No. ZP-451- Vol.-11/AD(RA)/2020/1672 dated 21.09.2020. Regarding the claim of the respondent in connection with date of deemed occupation certificate, the respondent has filed a CWP no. 16873-2020 and the same is pending before the Hon’ble Punjab and High Court for 01.08.2022. So, in view of the matter being sub-judices with regard to date of occupation certificate and the complaint having been filed seeking refund after offer of possession, the same is adjourned to 21.09.2022 after the hearing fixed in the High court.                                       Matter to come up on 21.09.2022 for further proceedings.

Due to paucity of time, matter could not be heard.                Matter to come up  on 31.5.2022 for the purpose already fixed.

In view  of judgment dated 11.11.2021 in title- M/s Newtech Promoters and Developers Pvt Ltd. Vs State of UP & Ors. Etc. passed by the  Apex Court, this forum has no jurisdiction to adjudicate the complaint in hands.                              File be transferred to the Authority. Next date will be notified later on by the Authority. Reader is directed to send the file immediately.

To come on  17.02.2022 for proceedings already fixed , as requested.

Issue with regard to jurisdiction between the Authority and the Adjudicating Officer inter se has not been resolved till now. To come on 20.01.2022 for the proceedings already fixed.

Both of learned counsels request for adjournment stating that matter is fixed before Hon’ble High Court on 07.12.2021.                            To come on 16.12.2021 for further proceedings.

After advancing some arguments, counsel for respondent  seeks some time for remaining arguments stating he could not prepare for today due to illness of his father-in-law which is objected by counsel for complainant. In the interest of justice,  request is allowed.                           To come for remaining arguments  on 10.11.2021.

THE MATTER IS ADJOURNED TO 26.10.2021

Due to increase in the Covid-19 cases, case is not being taken up for hearing. Hence, as per directions of the Hon’ble Authority, it is being adjourned to 30.07.2021 for the proceedings already fixed. 2.         Both the parties be informed accordingly through e-mail.