SAVITA AND ANR vs SEPSET PROPERTIES PVT.LTD.

The present complaint was filed on 07.06.2023 and reply was received on 11.03.2024. Succinct facts of the case are as under: S.No. Particulars Details 1.       Name of the project “Paras Dews”, Sector- 106, Gurugram 2.       Nature of project Group Housing Colony 3.       RERA registered/not registered  Registered 118 of 2017 dated 28.08.2017 4.       DTPC License no. 61 of 2012 dated 13.06.2012 Validity status 12.06.2020 Name of licensee Sepset Properties Licensed area 13.76 acre 5.       Unit no. 12, floor-05, tower-E (page 51 of complaint) 6.       Unit admeasuring 1385 sq. ft. (super area) (page 51 of complaint) 7.       Allotment letter in favor of original allottee i.e. Leela Bansal 10.01.2013 (page 37 of complaint) 8.       Endorsement in favor of complainants 22.02.2013 (page 38 of complaint) 9.       Date of execution of buyer’s agreement 10.05.2013 (page 48 of complaint) 10.          Tripartite Agreement b/w complainant and HDFC 05.06.2013 Page 78 of complaint) 11.          Possession clause 3. Possession  3.1 Subject to Clause 10 herein or any other circumstances not anticipated and beyond the reasonable control of the Seller and any restraints restrictions from any courts/ authorities and subject to the Purchaser(s) having complied with all the terms and conditions of this Agreement and not being in default under any of the provisions of this Agreement and having complied with all provisions. formalities, documentation, etc. as prescribed by the Seller, whether under this Agreement or otherwise, from time to time, the Seller proposes to hand over the possession of the Apartment to the Purchaser(s) within a period of 42 (Forty-Two) months with an additional grace period of 6 (six) Months from the date of execution of this Agreement or date of obtaining all licenses or approvals The commencement of construction, whichever is later, subject to Force Majeure. The Purchaser(s) agrees and understands that the Seller shall be entitled to a grace period of 90 (ninety) business days, after the expiry of grace period, for offer to hand over the possession of the Apartment to the Purchaser. Any application for the occupation certificate in respect of the Project shall be filed in the due course. The Seller shall give Notice of Offer of Possession in writing to the Purchaser(s) with regard to the handing over of possession, where after, within 30 (thirty) days, the Purchaser(s) shall clear his outstanding dues and complete documentary formalities and take physical possession of the Apartment. In case, the Purchaser(s) raises any issue with respect to any demand, the same would not entitle the Purchaser(s) for an extension of the time for taking over possession of the Apartment In the event the Purchaser(s) fails to make all payments and accept and take the possession of the Apartment within 30 (thirty) days of the Notice of Offer of Possession, the Purchaser(s) shall be deemed to be custodian of the Apartment from such due date indicated in the Notice of Offer of Possession and the Apartment shall be held by the Seller solely at the risks and costs of the Purchaser(s), including but not limited to applicability of the appropriate Holding Charges as defined in Clause 3,3 below and interest. The obligation of the Seller to offer possession to the Purchaser under this Clause shall be subject to Force Majeure. 12.          Environment clearance 06.09.2013 (taken from CR/931/2023) 13.          Due date of possession 06.09.2017 (Calculated from the date of environment clearance i.e. 06.09.2013) (Grace period is allowed being unqualified) 14.          Total sale consideration Rs.95,57,900/- (as per payment plan page no.77 of complaint) 15.          Total amount paid by the complainant Rs.73,60,611/- (as per SOA dated 28.04.2023 page 99 of complaint) Occupation certificate dated 26.04.2023 (page 21 of reply) Offer of possession 28.04.2023 (page 97 of complaint) The complainants have sought following relief(s): 1.     Direct the respondent to pay delay possession charges. 2.     Direct the respondent to waive complete amount of interest levied for delay in making payments. 3.     Direct the respondent to pay litigation cost. 4.     Direct the respondent to pay compensation for mental agony. The complainants have sought interim relief(s): 1.     Direct the respondent not to cancel the allotment and not levy holding   Despite assurance the cost of Rs.10,000/-  imposed by the authority is not paid by the respondent and again  requests for short adjournment is made by the proxy counsel. The counsel for the complainant alongwith the complainant in person requests for grant of delayed possession charges as there was an inordinate delay in offering the possession which was to be handed over by 06.09.2017  but offered only on 28.04.2023  and that too with unreasonable demands.   The demands were raised without achieving the milestone. Both the counsels for the parties are directed to file brief written submissions within 15 days with an advance copy to each other. Matter to come up on 10.10.2024 for final arguments/orders.

The present complaint was filed on 07.06.2023 and reply was received on 11.03.2024. The counsel for the respondent has filed the reply in the registry on 11.3.2024 after supplying a copy to the counsel for the complainant and assures to make the payment of cost before next date of hearing. Matter to come up on 22.8.2024 for further proceedings.

Neither reply filed nor cost of Rs. 10000/- paid. Now the matter is listed before the authority on 25.04.2024 for further proceedings.

Neither reply filed nor cost of Rs. 5000/- paid by the respondent. Learned counsel for respondent submitted that till today copy of complaint not supplied to the respondent. On the other hand, learned counsel for the complainant submitted that respondent is delaying the proceeding and copy of complaint already supplied to the complainant. It is further submitted on behalf of the complainant that as respondent is not filing reply and not paying cost of Rs. 5000/- so defence of respondent may be struck off. Heard. In the interest of justice, the case is adjourned for 07.03.2024 for filing reply on behalf of the respondent subject to the additional cost of Rs. 5000/- (total Rs. 10000/-) failing which defence of respondent shall be struck off.

Written reply has not yet filed by the respondent. Shri Himanshu Singh, Advocate appeared on behalf of the respondent and filed power of attorney and  seeks a short adjournment to file the reply.  The respondent is directed to file reply within a period of 15 days after supplying a copy to the counsel for the complainant failing which a cost of Rs. 5000/- shall be paid to the complainant. Last opportunity is being granted to file reply failing which the defence of the respondent may be struck off. Matter to come upon 16.2.2024 for further proceedings.