PARESH CHANDRA DAS AND SHIPRA DAS vs RAMPRASTHA PROMOTERS AND DEVELOPERS PVT. LTD.

Matter is disposed off.

Since the Hon’ble Member is on leave, hence, the matter is adjourned to 13.02.2025 for pronouncement of order.

The present complaint was filed on 02.02.2024 and reply was received on 02.07.2024.   Succinct of the facts are as under: S. No. Particulars Details 1. Name of the project “Primera”, Sector 37D, Village Gadauli Kalan, Gurugram, Haryana 2. Project area 13.156 acres 3. Nature of the project Group housing colony 4. DTCP license no. and validity status 12 of 2009 dated 21.05.2009 Valid up to 20.05.2024  5. Name of licensee Ramprastha Realtor Pvt. Ltd. 6. RERA Registered/ not registered Registered vide no. no. 21 of 2018 dated 23.10.2018 for an area of 3.257 acres Valid up to 31.03.2020 7. Date of approval of building plans 25.04.2013 (As per information obtained by planning branch) 8. Unit no. 203, 2nd floor (Page no. 30 of complaint) 9. Unit admeasuring 1720 sq. ft. (Page no. 30 of complaint) 12. Date of execution of apartment buyer’s agreement 04.10.2013 (Page no. 25 of the complaint) 13. Possession clause 15. POSSESSION (a) Time of handing over the Possession Subject to terms of this Clause and subject to the Allottee having complied with all the terms and condition of this Agreement and the Application, and not being in default under any of the provisions of this Agreement and compliance with all provisions, formalities, documentation etc., as prescribed by the DEVELOPER, the DEVELOPER shall endeavor to complete the construction of the Said Apartment within a period of 54 months from the date of approval of Building Plans by the office of DGTCP. The Allottee agrees and understands that the DEVELOPER shall be entitled to a grace period of hundred and twenty days (120) days, for applying and obtaining the occupation certificate in respect of the Group Housing Complex. (Emphasis supplied) (Page no. 66 of the complaint) 14. Due date of possession 23.02.2018 (calculated by the 54 months from approval of building plans i.e., 25.04.2013 including grace period) 15. Total sale consideration Rs.1,08,22,863/- (As per buyer’s agreement on page no. 30 of complaint) 16. Amount paid by the complainant Rs.92,24,687/- (page 62 of complaint) 17. Occupation certificate /Completion certificate 05.04.2023 (as per DTCP site) 18. Offer of possession 31.12.2023 (email dated 31.12.2023 page 63 of complaint) The complainants have sought following relief(s): 1.     Direct the respondent to pay delay possession charges. 2.     Direct the respondent not to ask for any other charges which was not the part of BBA. 3.     Direct the respondent that above charges be adjusted in final due payment. The counsel for the complainant requests for allowing DPC as physical possession has not been handed over despite repeated follow up and seeks relief for handing over of possession along with execution of CD. Arguments heard. Order reserved. Both the parties may file brief written submissions within 3 weeks after supplying a copy of the same to each other. Matter to come up on 06.02.2025 for pronouncement of order.