MRS HEMINDER GILL vs SOLUTREAN BUILDINGS TECHNOLOGIES PVT LTD

Detailed order will follow. Matter stands disposed of.

Matter to come up on 27.03.2025 for pronouncement of order.

The present complaint has been received on 13.07.2023 and the reply was received on 19.04.2022 and rejoinder on behalf of complainant was received on 31.01.2024. Succinct facts of the case are as under: S.No. Particulars Details 1.       Name of the project “Caladium” village Pawala Khusropur, Sector 109, Gurugram 2.       Project area 15.881 acres 3.       RERA registered/not registered  Not Registered 4.       DTPC License no. 13 of 2011 dated 04.02.2011 Validity status 03.02.2017 Name of licensee Chintels 5.       Unit no. B-161, 16th floor (page 38 of complaint) 6.       Unit admeasuring 2430 sq. ft. (super area) (page 38 of complaint) 7.       Date of execution of buyer’s agreement 22.04.2013 (page 34 of complaint) 8.       Possession clause 11. Time of handing over of possession Barring unforeseen circumstances and Force Majeure events as stipulated hereunder, the possession of the said Apartment is proposed to be delivered by the Company to the Allottee within 36 months (three years |with a grace period of six months (hereinafter referred to as "the Stipulated Date") from the date of actual start of the construction of a particular Tower Building in which the registration for allotment is made, subject always to timely payment of all charges including the Basic Sale Price, Stamp Duty, Registration Fees and Other Charges as stipulated herein or as may be demanded by the Company from time to time in this regard. The date of actual start of construction shall be the date on which the foundation of the particular Building in which the said Apartment is allotted shall be laid as per certification by the Company's Architect/Engineer-in-charge of the Complex and the said certification shall be final and binding on the Allottee. 9.       Commencement of construction of subject tower To be ascertained 10.          Due date of possession To ascertain 11.          Basic sale price Rs.72,90,000/- (as per BBA page 40 of complaint) 12.          Total amount paid by the complainant Rs.80,19,150/- (as alleged by complainant’s page 25 of complaint) Rs.80,16,520/- (as per SOA dated 22.08.2022 page 92 of complaint) 13.          Reminder Letter 21.05.2019, 24.06.2019 (page 38 -42 of reply) 14.      Death certificate of original allottee 09.06.2017 (page 101 of complaint) 15.      Surviving certificate letter 08.08.2017 (page 102 of complaint) Occupation certificate 08.11.2017 for block 7 to 10 (page 33 of reply) Offer of possession 06.12.2017 (page 34 of reply) 18.      Final Notice for payment 24.06.2019 (page 40 of reply) 19.          Cancellation Letter issued in the name of original allottee i.e Kanwarpal Singh Gill 24.08.2020 (page43 of reply) 20.          Cancellation Letter issued in the name of legal heirs of original allottee 25.08.2022 (page 59 of complaint)   The new counsel for the complainant has appeared and filed power of attorney. The counsel for the complainant requests for setting aside the cancellation letter and to allow delayed possession charges and handing over of the possession as the complainant has already paid the due consideration but possession is not handed over till date. Further, submitted that the complainant being the legal heir of the deceased allottee has approached many a times to the respondent to substitute their names as the allottees. However, the respondent never substituted their name. Moreover, the respondent has already received more than the sale consideration of the subject unit and if the delay possession interest is calculated on account of delay in handing over of the possession, nothings lefts payable on behalf of the allottees towards the subject unit. The counsel for the respondent states that several reminders were sent to the complainant to make the outstanding dues and offer of possession for the subject unit was made way back on 06.12.2017. An amount of Rs.17 Lakhs were raised along with offer of possession inclusive of the sale consideration towards increase in area of the subject unit. However, the complainant never came forward to make the outstanding dues and to take possession. Therefore, the unit was cancelled and the respondent is ready to refund the deposited amount after deducting 10% earnest money. Also, the counsel for respondent submits that a third-party right has been already created against the subject unit.   However, the counsel for the complainant states that the complainant is not willing to take refund and requests for setting aside the cancellation of the unit along with delay period interest.   Arguments heard.   Both the parties may file brief written submissions within a period of 15 days after supplying a copy to each other. The respondent shall also clarify the date of start of the construction and due date of possession. Matter to come up on 20.3.2025 for pronouncement of orders.