SHREYA SACHAN vs OCEAN SEVEN BUILDTECH PVT. LTD.

tA UR H \7 Complaint No.

8103 of ZO22 BEFORE THE HARYANA REAL ESTATE REGULATORY AUTHORITY, GURUGRAM Complaint no. : Date ofcomplaint ; Date oforder i Shreya Sachan, R/o: - 1.428,W-2 Juhi Kalan, Damodar Nagar, Kanpur, Uttar Pradesh-20802 7.

Versus 0cean Seven Buildtech private Limited.

Regd, Office at: 505-506, 5th Floor, Tower 84, Spaze I-'Iech Park, Sohna Road, Curugram.

COMM: Complainant Respondent Ashok Sangwan Member {_: M RER UGRA 8703 of 2022 23.ot.2023 25.O9.2024 APPEARANCE: Harshit Batra (Advocate) Arun Yadav (Advocate) Complainant Respondent ORDER 1. 'fhe present complaint has been filed by the complainant/allottee under section 31 of the Real Estate (Regulation and Development] Act, Z 016 (in short, the Act) read with rule 2g of the Haryana Real Estate [Regulation and Development] Rules,2017 (in short, the Rules) forviolation ofsection 11 [a)(aJ of the Act wherein it is inter alia prescribed that the promoter shall be responsible for all obligations, responsibilities and functions under the provisions of the Act or the Rules and regulations made there under or to the allottee as per the agreement for sale executed interse.

Page 1 of 16 Complaint No.

8103 of2022 A.

2.

HARERA ffiGURUGRAM Proiect and unit related details The particulars of unit details, sale consideration, the amount paid by the complainant, date of proposed handing over the possession, delay period, if any, have been detailed in the following tabular form: S. x, L. lq4llclers Name of the pro,ect Petails "Expressway Towers, Sector 109, Gurugram Atfordable Housin[- 6 0f 2016 dared I6.06.2 016 S0l of2OrZ dated t3.10.2017 vatid upio 72.t0.2027 2.

Nature of the prorect 3.

DTCP license validifv status no. and 4.

RERA Registered/ not registered 5.

Allotment Letter 21.05.2017 (page 37 of complaintl 1107, Tower 4 (!qgq 3Z o f q q ltplqtlr tl 645 sq. ft. [carpet area.) (Paee 3 7 o f_qqInplqllnQ Not executed 20.

Application rorm -.-. rorm -.-. _ - "The Company shall sincerely endeavor to complete construction ofthe said unit within a O?ur). years from the date of sanction/clearance of Building plans or regei?t of Environmental Clearance, whichever is later." (page 23 of complaintl 1(iv) AII such projects shall be required to be necessarily completed within 4 years I from the date of approval of building plans or grant of environment i I clearance, whichever is later.

This date shall be referred to as the ,,date of i commencement of project,, for the ] purpose of the oolicv.

I 6.

7. ; Unit no.

Unit area admeasuring Date of executlon of Apartment Buyer,s Agreement 9.

10.

Possession clause Possession clause in Affordable Housing poliry Page2of16 / ffi HARER \ #eunuennt.,r Complaint No.

8103 of 2022 72.

11.

13.

Date of environmental clearance Date of ,pp.oril - of building plans Due date of possession Total sale consideration- Amount paid by the complainant conversion of payment plan from time linked to construction linked O.cupation -- certincate /Completion certificate Letter from Gurugram STP, regarding soj t-n tz (as per information obtained from the plannine branch) - (as per information obtained from the planning branq[f 30.05.202? (Calculated as 4 years from date ofgrant of environmental clearance i.e., 30.1.7.2077 as per policy of 20L3 + 6 months as per HAREM notification no.

9 /3-?OZ0 dated 26.05.2020 for the proiects having completion date on or ?\fter 25.03.2020.) (inadvertently mentioned as 26.03.2027 On Dfoceedinqs ri ^tod ) 1 ie )^, ^.1 1"4.

Rs.

27 ,t8,249.t2 / _ [As per demand letter dated 19.0S.2OZO on page 44 of complaint) Rs.27 ,1,8,249 / - [As per ledger dated 27.O7.ZO2O 46 of com plaint] 27 .07 .2022 (page 47 of complaint) on page Not obtained Not offered 15.

L7.

16.

18.

Offer ofpqssession B.

Facts ofthe complaint 3.

The complainant has made the following submissions in the complaint: l.

That the complainant was allotted an apartment bearing no.

1007, Tower 4 having 645 sq. ft.

45 sq. ft. carpet area and 99 sq. ft. balcony area in proiect of respondent named ,,Expressway Towers,, at Sector 109, Gurugram, under Page 3 of16 * HARERA #, ounuennu Complaint No.

8103 of 2022 the Affordable Housing policy, 2013 vide allotment letter dated 21 .05.2017.

II, That after the allotment of the unit to the complainant, the complainant approached the respondent for execution of the builder buyer,s agreement, but the respondent paid no heed to the request of the complainant and till date no buyer,s agreement has been executed bv the respondent.

III.

That under the Sec 1(ivJ of the Affordable Housing policy, 2013, the possession ofthe unit was to be delivered within 4 years from the approval of building plan or grant of environmental clearance, whichever is later.

IV.

That till date, the possession has not been offered and the project is far from being completed.

It is a matter ofrecord that no occupancy certificate has been applied till date and the essential services are incomplete in the project.

V.

That the respondent failed in complying with all the obligations, not only with respect to the agreement with the complainant but also with respect to the concerned laws, rules and regulations thereunder, due to which the complainant faced innumerable hardships.

Moreover, the respondent made false statements about the progress of the proiect as and when inquired by the complainant.

Vl. 'fhat the complainant wrote an email dated L1.1L.2O2Z to the respondent, enquiring about the status ofconstruction of project yet no reply was givcn by the respondent.

VII, That under proviso of section 1g[1) of the Act, the respondent is bound to make the payment ofinterest on the amount deposited by the complainant till the actual handover oIpossession.

Page 4 of 16 MHARERA #- eunuennvr Complaint No.

8103 of 2022 C.

4.

Reliefsought by the complainant: _ 5. nant: _ 5.

The complainant has sought following relief[s): I Direct the respondent to handover possession ofthe unit, to execute conveyance deed and to pay delay possession charges as per the Act.

Apart from the above relief, the complainant has sought s;me other reliefs such as appointment ofL.C, conduct forensic audit ofthe books ofaccounts of the respondent, initiation of penal proceedings for violation of Section +(Z)(l)(c), Section 6 of the Act, 2016 etc.

The Aurhority observes that due to several continuing violations of the provisions of the Act, 2016 by the respondent, the Authority has already freezed the bank account of the respondent related to the project vide order dated 24.02.2 023 and has also taken Suo motu cognizance of the project vide complaint bearing no.

RERA-GRG- 1087-2 023.

Therefore, the authority is proceeding to decide only the maill relief sought by the complainant in the present complaint ie, delay possession charges, possession and execution of conveyance deed on the basis of documents available on record as well as submission made by the parties.

On the date of hearing, the authority explained to the respondent/ promoter about the contraventions as alleged to have been committed in relation to section 11(a) tal ofthe act to plead guilty or not ro plead guilty.

Reply by the respondent 'fhc respondent has contested the complaint on the following grounds i.

That this Authority Iacks jurisdiction to adjudicate upon the present complaint as vide clause 16r.2 of the builder buyer agreement both the 6.

D, 7. parties have unequivocally agreed to resolve any disputes through arbitration.

Page 5 of 16 t. * HARERA *&. eunuennnr . tv, That the complainant is a willful defaulter and deliberateJy, intentionally and knowingly have not paid timely installments. tallments.

That starting from February 2023, the construction acdvities have been severely impacted due to the suspension of the Iicense and the fieezing of accounts by the DTCP Chandigarh and HREM Gurugram, respectively.

This suspension and freezing ofaccounts represent a torce majeure event beyoncl the control of the respondent.

The suspension of thc license and freezing of accounts, starting from Feb 2023 till date, have created a zero-time scenario for the respondent.

Further, there is no delay on the part of the respondent proiect as it is covered under clause number 5.5 force Majeure, which is beyond control of the rcspondent.

That the final EC is CTE/CT0 which has been received by the respondent in February 2018.

Hence the start date of proiect is Feb 2 01g and rest details are as follows: complaint No.

8103 of 2022 Covid and NGT ctions r I utcLr curnpleoon Date covidtffi NGr.st@ yqarli.e.6*3 Totrl 'l'ime extended to be "xtended - (18+ 18) months =-- Accounts freezed & license suspended lurther time to be extended till the unfreezing of the accounts i.e.

Feb- Nov 2023 (10 months) l'i nat prolect iomlGtion dat"I nEre- pro,ect is unfreezedJ further time would be added till unfreezing the accounts F eb-22 18 months 18 months 36 months Feb 2023 till date Nov-2 3 Nov-25 Page 6 of 16 / 8.

E.

9. ff HARERA #* eunuennv 10.

Complaint No.

8103 of 2022 As per the table given above, the final date for the completion of construction is Feb 25 in case the accounts are unfreezed bythe competent authority on the date of filing this reply.

From Feb 2023, the license has been suspended and accounts have been freezed by the DTCp Chandigarh and HRERA Gurugram.

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

Their authenticity is not in dispute.

Hence, the complaint can be decided on the basis ofthese undisputed documents and submission made by the parties. e parties. ,urisdiction of the authority The authority observes that it has territorial as well as subiect matter jurisdiction to adjudicate the present complaint for the reasons grven below, E.l Territorialiurisdiction As per norificati on no.

1/92/2077-7TCp dated 74.72.2077 issued by Town and Country Planning Department, 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, this authority has complete territorial jurisdiction to deal with the present complaint.

E.ll Subiect matter iurisdiction Section 11[4)(aJ of rhe Act, 2016 provides that the promorer shall be responsible to the allottee as per agreement for sale.

Section 11(a)(al is reproduced as hereunder: Section 11 ii;1 t t,n pronoter shatt- Page 7 of 16 &HARER , #eunuonnHl Compiaint No.

8103 of 2022 (o). be .responsibte for all obligations, responsibilities ond functions under the provisions of thk A;t or the rites ora ,iiitoiiinr''.ra" thereunder or to the qllottees as per tn" ogr"".rnt fi ,ii", i, io tn" association ofallottees, as the case moy be,ii th" coiv"yorr" oS o th" apartments, plots or buildings, os the cose may be, to theittotteis, ortne common qreas to the associotion ofallottees or the compete au;hority, os the case may be; Section 3 4-Fu nctions of the Authority : 344 oJ the Act provides to ensure conpliance of the obligations cast upon the promoters, the allottees and the uot uioru og"nii una", ni, A, I u nd I he I ule\ ond I equlot ions mode Lhpreundct.

So, in view of the provisions of the Act quoted above, the authority has complete iurisdiction to decide the complaint regarding non_compliancc of obligations by the promoter.

Findings on the obiections raised by the respondent F.l Obiections regarding force maieure. e maieure.

The respondent/promoter has raised the contention that the construction oF the pro,ect has been delayed due to force majeure circumstances such as ban on construction due to orders passed by NGT, major spread of Covid-19 across worldwide, suspension of license by the DTCP, Chandigarh and freezing of accounts by HRERA Gurugram etc. \,\,hich is beyond the control of the respondent.

The respondent has further submitted that suspension of the license and freezing of accounts, starting from Feb 2023 till date have created a zero_time scenario for the respondent.

Furthermore, the final EC is CTE/C1,O which has been received by the respondent in February 201g, hence the start date of proiect is Feb 2018.

However, all the pleas advanced in this regard are devoid of merits.

As per clause 1(iv) of the Affordable Housing policy, 2013 it is prescribed that,,A such projects shall be required to be necessarily completed within 4 years from the date ofapproval ofbuilding plans or grant of environmental clearance, whichever is later.

This date shott be relbrred to 12.

F.

13, Page 8 of 16 Complaint No.

8103 of 2022 as the "dqte of commencement of project,' for the purpose of this policy.

The respondent has obtained environment clearance and building plan approval in respect of the said proiect on 3O.L7.ZO7T and 26.09.2076 respectively.

Therefore, the due date ofpossession is being calculated from the date of environmental clearance, being later.

Further, an extension of 6 months is granted to the respondent in view ofnotification no.

9/3_2020 dated 26.05.2020, on account of outbreak of Covid-19 pandemic.

Therefore, the due date of possession was 30.05.2022.

As far as other contentions of the respondent w.r.t delay in construction of the project is concerned, the same are disallowed as firstly the orders passed by NG.f banning construction in the NCR region.

CR region.was foi a very short period of time and thus, cannot be said to imiact the respondent-builder Ieading to such a delay in the completion.

Secondly, the licence of the project of the respondent was suspended by DTCp, Haryana vide memo dated 23.02.2023, doe to grave violations made by it in making compliance of the tcrnrs and conditions of the licence and thereafter due to several continuing violations ofthe provisions ofthe Act, 2016 by the respondent, in view to protect the interest of the allottees, the bank account of the respondent related to the proiect was freezed by this Authority vide order daled 24.02.2023.

Thus, the promoter/respondent cannot be given any leniency on based of aforesaid reasons and it is well settled principle that a person cannot take benefit ofhis own wrong.

II Obiection regarding complainant is in breach ofagreement for non- invocation of arbitration 14.

The respondent has submitted that the complaint is not maintainable for the reason that the agreement/application form contains an arbitration clause which refers to the dispute resolution mechanism to be adopted by EALEIA GURUGRAI/ Page 9 of16 l --_r ffiHARERA ffi ounuennvr Complainr No.

8103 of 2022 the parties in the event of any dispute. l.he authority is of the opinion that the jurisdiction of the authority cannot be fettered by the existence of an arbitration clause in the buyer,s agreement as it may be noted that section 79 of the Act bars the jurisdiction of civil courts about any matter which falls within the purview of this authority, or the Real Estate Appellate Tribunal.

Thus, the intention to render such disputes as non_arbitrable secms to be clear.

Also, section gg ofthe Act says that the provisions ofthis Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force. in force.

Further, the authority puts reliance on catena of judgments of the Hon,ble Supreme Court, particularly in Ndtional Seeds Corporation Limitedv, M, Madhusudhan Reddy & Anr. (2012) 2 scc so6, wherein it has been herd rhat the remedies provided undcr the Consumer protection Act are in addition to and not in derogation of the other laws in force, consequently the authority would not be bound to refer parties to arbitration even if the agreement between the parties had an arbitration clause.

Therefore, by applying same analogy the presence of arbitration ciause could not be construed to take awav the jurisdiction of the authority.

15 Further, in Aftab Singh and ors, v.

Emaar MGF Land Ltd and ors., Consumer case no, 7Ol of 2OlS decided on l3,O7,ZOL7, the National Consumer Djsputes Redressal Commission, New Delhi (NCDRC) has held that the arbitration clause in agreements between the complainants and builders could not circumscribe the jurisdiction of a consumer.

I.urther, while considering the issue of maintainability of a complaint before a consumer forum/commission in the fact of an existing arbitration clause in the builder buyer agreement, the hon,ble Supreme Co.ot in case titled os M/s Emaor MGF Ldnd Ltd.

Aftob Singh in revision petition no.

Page 10 of 16 l, ffi HARERA # eunuennnt 2629-30/2018 in civil oppeal no.

23572-ZSS73 ol 2017 ctecided on 70.12.207Bhasupheld the aforesaid iudgement of NCDRC and as provided in Article 141 ofthe Constitution oflndia, the law declared by the Supreme Court shall be binding on all courts within the territory of India and accordingly, the authority is bound by the aforesaid view.

Therefore, in view ofthe above judgements and considering the provision oftheAct, the authority is of the view that complainant is well within his right to seek a special remedy available in a beneficial Act such as the Consumer Protection Act and RERA Act, 2016 instead of going in for an arbitration. bitration.

Hence, we have no hesitation in holding that this authority has the requisite iurisdiction to entertain the complaint and that the dispute does not require to be referred to arbitration necessarily.

Findings on the reliefsought by the complainants.

G.l Direct the respondents to handover possession of the unit to execute ,, ":'J;"#il;l fi l;:: I HI J;l?#ffi ;l;:ffi f lth"s."t possession charges as provided underthe proviso to section 1g(1J ofthe Act.

Sec.

18(1) proviso reads as under. "Section 1 B: .

Return ol amount and comDensotion t6(t) rr the promoter fairs to comprete or is unabre Io give possession oJ on apartment, plot, or building, _ provided thot where on ,al.lottee does not intend to withdraw Jrom the i:?::, , !,",::,1!^!",paid. by th.e .promote,. ,n,",irt 1o, iui,y .ontn "1 uetu!. tttl (ne noncltn_q over ol the possession, at such rate os moy be prescribed_" 17.

Clause 1(iv) of the Affordable Housing policy, 2013 provides for completion of aI such pro.iects licenced under it and the same is reproduced as under for ready reference: 1 (iv) "All such projects shall be required to be necessarily completed within 4 yearsJrom the date oj opprovol of buirding prans or gt ont of "rriroriiirriIii"rir,nri, *ilrner", i, tntur. rni, Complaint No.

8103 of 2022 G.

76.

PaEelloft6 y 18. ffi HARERA #- ounuonnvr L9. complaint No, 8103 of 2022 clate shall be referred to as the ,,date of commencement of project,, t'or the purpose oJ the policy." Due date of handing over of possession: As per clause 1(ivJ of the Affordable Housing policy, 2013 it is prescribed that,.,1 ll such projects shall be required to be necessarily completed within 4 years from the date of approval of building plans or grant of environmentql clearance, whichever is loter.

This date shall be referred to as the ,,date of commencement of proiect,, for the purpose of this policy.

The respondent has obtained envtrorr)rent clearance and building pJan approval in respect of the said project on 30.11. on 30.11.2017 and 26.09.20L6 respectively.

Therefore, the due date of possession is being calculated from the date of environmental clearance, being later.

Further, an extension of6 months is granted to the respondent in view of notification no.

9/3-2020 d,ated 26.05.2020, on account of outbreak of Covid-19 pandemic.

Therefore, the due date of possession comes out to be 30.05.2022.

Admissibility of delay possession charges at prescribed rate of interesti 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 month of delay, till the handing over of possession, at such rate as may be prescribed and it has been prescribed under rule 15 ol. the rules.

Rule 15 has been reproduced as under: Rule 75. prescribed rate of interest- Iproviso to section 72, section 78.and sub-section (4) and subsection (7) of section 7gl (1) For the purpose oJ proviso to section 72; section 70; qnd sub- sections (4) and [7) of section 19, the ,,interest ot the rate prescribed" shall be the Stote Bonk of tndia highest marginal cost of lending rqte +20/o.: Provided that in cose the State Bsnk of lndia morginal cost of tending rate (MCLR) is not in use, it shall be replaied by such benchmark lending roteswhich the State Bonk oflniia may fixfrom time to timefor lending to the generol public.

Page12 of16 Y ffiF]A|]EBA #" eunuonRu Complaint No.

8103 of 2022 20. 'Ihe legislature in its wisdom in the subordinate legislation under the provision of rule 15 of the rules, has determined the prescribed rate of interest. 'l'he rate of interest so determined by the legislature, is reasonable and if the said rule is followed to award the interest, it will ensure uniform practice in all the cases, 21.

Consequently, as per website of the State Bank of India i.e., https://sbi.co.in, the marginal cost of lending rate (in short, MCLR) as on date i.e., 25.09.2024 is 9,LOo/o. s 9,LOo/o.

Accordingly, the prescribed rate of interest will be marginal cost of lending rate +2o/o i.e., l7.7oo/o.

22.

The definition ofterm ,interest,as defined under section 2(za) ofthe Act provides that the rate of interest chargeable from the allottee by the promotet in case of default, shall be equal to the rate of interest which the pronroter shall be liable to pay the allottee, in case of defaurt.

The rerevant section is reproduced below: "(zo) "interest" means the rotes of interest payable by the promoter or the olloLLee. os the ese mqy be.

Explanqtion. -For the purpose ofthis clouse_ O the rate of interest chorgeoble from the dllottee by Lhe promoter, in cose ofdefoult, shall be equal to the rate of interest wiich tie promoter shall be liqble to poy the allottee, in cose oldefoult; 0i) the interest payable by the promotir to the ollottee sha be from the date the promoter received the omount or an, parL thereof ti the date the amount or port thereof ond tnterest thireon is relunded, and the interest payable by the ollottee to the promoter shall ie from the clote _ the ollottee defaults tn poyment to the promoter till the d;Le it is poid; , 23, Therefore, interest on the delayed payments from the comjiainant shall be charged at the prescribed rate i.e., 11.10% by the respondent/promoter which is the same as is being granted to the complainant in case ofdelay possession charges.

24.

0n consideration of the documents available on record and submissions made by both the parties, the authority is satisfied that the respondent is Page 13 of 16 RERA UGRAM #HA #- eun 25. in contravention of the section 11(4)(aJ of the Act by not handing over possession by the due date as per the agreement.

By virtue of clause 1 [iv) ofthe Affordable Housing policy, 2013, the respondent/promoter shall be necessarily required to complete the construction of the project within 4 years from the date of approval of building plans or grant of envrronmental clearance, whichever is later. is later.

Therefore, in view of the findings given above, the due date of handing over of possession was:J0.05.2022, IIowever, the respondent has failed to handover possession of the subject apartment to the complainant dll the date of this order.

Accordingly, it is the failure of the respondent/promoter to fulfil its obligations and responsibilities as per the agreement to hand over the possession within the stipurated period.

Further, the authoriry observes that there is no document on record from which it can be ascertained as to whether the rcspondent has applied for occupation certificate or what is the status of construction of the project.

Hence, this prolect is to be treated as on-going project and the provisions of the Act shall be applicable equally to the builder as well as allottees.

Accordingly, the non-compliance of the mandate contained in section 11(41(a) read with proviso to section 1g(1) of the Act on the part of the respondent is established.

As such, the allottee shall be paid, by the promoter, interest for every month of delay from due date of possession t.e.,30.05.2022 till valid offer of possession plus 2 months after obtaining occupation certificate from the competent authority or actual handing over ofpossession whichever is earlier, as per section 1g( 1J ofthe Act of 2016 read with rule 15 ofthe rules.

Further, as per section 11[a](f and section 17[1) ofthe Act of 20.16, rhe promoter is under an obligation to get the conveyance deed executed in page 14 of 76 Complaint No.

8103 of 2O2Z 26. # HARERA #" eunueRau complaint No.

8103 of 2022 favour of the complainant.

Whereas as per section 19(11J of the Act of 2016, the allottee is also obligated to participate towards registration of the conveyance deed of the unit in question.

However, there is nothing on the record to show that the respondent has applied for occupation certificate or what is the status ofthe development ofthe above-mentioned project. d project.

In view of the above, the respondent is directed to handovcr possession of the flat/unit and execute conveyance deed in favour of the complainant in terms of section 17(11 of the Act of 2016 on payment of stamp duty and registration charges as applicable, within three months after obtaining occupation certificate from the competent authority.

H.

Directions ofthe authority 27.

Ilcnce, the authority hereby passes this order and issue the following directions under section 37 ofthe Act to ensure compliance ofobligations casted upon the promoter as per the functions entrustcd to the authority under section 34(iJ ofthe Act: i.

The respondent/promoter is directed to pay interest to the complainant against the paid-up amount at the prescribed rate of 1 1.10% p.a. for every month of delay from the due date of posscssion i.e., 30.05.2022 till valid offer of possession plus 2 months after obtaining occupation certificate from the competent authority or actual handing over of possession, whichever is earlier, as per section 1B(1) of the Act of 2 016 read with rule 15 of the rules. ii.

The arrears of such interest accrued from ZO.OS.2OZZ till the date of order by the authority shall be paid by the promoter to the allottee within a period of 90 days from date of this order and interest for every month of delay shall be paid by the promoter to the allottee before 10th ofthe subsequent month as per rule 16(2J ofthe rules.

Page 15 of 16 t lll. lv.

28.

29.

Haryana Datedt 25.09.2024 application form or provided 013. by the promoter, in rate i.e., 11.10% by ofinterest which the case of default i.e., the of the Act. rd,€ Regulatory * HARER,\ #eunuennnr under the Affordable vi.

The rate of interest case of default the responde promoter be delay possessi The complaints stand Files be consigned to re Complaint No. plaint No.

8103 of2022 The respondent/promoter shall handover possession ofthe flat/unit and execute conveyance deed in favour ofthe complainant in terms of Section 17[1) of the Act of 2O16 on payment of stamp dury and registration charges as applicable, within three months after obtaining occupation certificate from the competent authority.

The complainant is directed to pay outstanding dues, if any, after adjustment of interest for the delayed period. v.

The respondent/prom charge anything from the complainant which is n ter Page 16 of 16 I