SAILESH KUMAR SINGH vs NANI RESORTS AND FLORICULTURE PRIVATE LIMITED

HARERA ffiGURUGRAM Complaint No.

607 of 2024 BEFORE THE HARYANA REAL ESTATE REGULATORY AUTHORITY, GURUGRAM Sailesh Kumar Singh R/O: House No.

B-508, Street No. , Near Patel Nagar, Railway Station, Prem Na Central Complainant Delhi - 110008 M/s Nani Resorts & Flori Office: Building no.

80 Gurgaon, Haryana - 12 Respondent CORAM: Shri Arun Kumar APPEARANCE: Sh.

Maninder Singh Sh.

Garvit Gupta 1.

Chairman te for the complainant e for the respondent ERA H The present cor!,ptail under section att l 2016 fin short, the Act) read (Regulation and Developmen violation of section 11(4)( prescribed that the promote mplainant/allottee d Development) Act, th rule 28 of the Haryana Real Estate ) Rules,2017 (in short, the Rules) for of the Act wherein it is inter alio shall be responsible for all obligations, under the provisions of the Act or the omplaint no.

607 of ZOZ4 te ofFil 04.03.202+ of Decision: 31.1o.2025 m '*l w responsibilities and functio Page 1 of 17 Vers us HARERA M.GURUGRAI/ Complaint No.

607 of 2024 Rules and regulations made there under or to the allottees as per the agreement for sale executed inter se.

A.

Unit and proiect related details 2.

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.No.

Particulars Details 1.

Name ofthe project "RofAlante" sector- 108, Gurugram 2.

Project area 5.0 acres 3.

Nature of project Affordable Group Housing 4.

DTCP License no. and validity 43 0f 2019 dated 05.03.2019 5.

Name of licensee Nani Resorts & Floriculture pvl Ltd.

6.

RERA registered/not registered and validity Registered vide no.

7E oiz0ddated 09.12.2019 7.

Environment Clearance 06.02.2020 8. of Date of approval building plans t5.1.7.201.9 [As per page no.

5 of the complaint) 9.

Application form for allotment 0 3.03.2 02 0 (As per page no.

13 ofthe complaint) 10 Unit no. and unit area admeasuring B-707 645.549 sq.

45.549 sq. ft (carpet area) & 7O4.7BT sq. ft.(balcony area) (As per page no.

13 of the complaint) 11 72 Date of buyer's agreement Not Executed Possession clause in Affordable Housing Poliry 1 (iv) All such projects shall be required to be necessarily completed within 4 years ftom the date of approval of buildins Page 2 of 17 ffiHARERA ffi, eunuemnr B.

Facts ofthe complaint 3.

The complainant has made the Complaint No.

607 of2024 following submissions in the complaint: plans or grant of environmental clearance, whichever is later.

This date shall be referred to as the "date ol' commencement of project" for the purpose ofthe policv.

13 Due date of possession 06.08.2024 [Note: Due date of possession can be calculated by the 4 years from EC i.e., 06.02.2020, being later plus six months on account of Covid-19 l 74 Total sale consideration Rs.26,32,L96/- (As per details filed by respondentl 15 Total amount paid by the complainant Rs.20,95,500/- (As stated by the complainant in the complaint) Rs.

12,63,500/- (As per ledger at page no.

61 of reply filed by respondent) t6 Demand letter 0 6.77.2020, 76.t2.2020, 07.04.2021, t9.04.2022(final) L7 Cancellation letter 06.05.2022 (page 59 of replyl 18 Newspaper Publication L3.09.2022 (page 64 of replyl 79 Third party rights created 79.11.2022 (page 63 of replyJ 20 Occupation certificate Not obtained 27 Offer of possession Not offered Page 3 of17 HARERA GURUGRAM That in the year 2020, respondent through its agents approached the complainant with an offer to buy its above-mentioned project claiming to provide possession to the complainant within 4 years for a basic sale price of Rs.26 ,32,196 /-.

That the respondent arranged the visit of its representatives to the complainant, wherein it was categorically assured and promised by the respondent that they already have secured all the sanctions and permissions from the co rities and departments for the sale of said proiect and it over the flat of the complainant within the time span o I e span o III.

That relying upon them to be true, the complainant block/tower n aring no.

8-707 in of 645.54 sq. ft. and 1,04.787 sq. developed by ed pro,ect to be complainant had paid Rs.

5,38,500/- as e basic price.

IV.

That thereafter, the aising the demand of money /installments duly paid by the complainant as ftr nant as on todav has II.

Complaint No.i607 of 2024 e possession ofthe above mentioned flat naid Rs.20,95,@ F+A|V+," "rthe nat.

That as mentioned above th an affordable project under project developed by the respondent is e Affordable Housing Policy-2013 and as per clause 5(iii)b ofthe cy the date ofoffer ofpossession will be 4 years from the date of proval of building plan or grant of tive part of the clause is below:- environmental clearance ope That the building plan got promised date to hand over oned on 15.11.2019 by which, the VI, PaEe 4 of 17 ffiHARERA #,aTRUGRAM Complaint No.

607 of 2024 comes out to be 15.11.2023 but the respondent has still not handed over the flat after many repeated reminders and request by the allotees.

VII.

That the conduct on the part of respondent regarding delay in delivery of possession of the said flat has clearly manifested that the respondent never ever had any intention to deliver the said flat on time as agreed.

The respondent had made all those false, fake, wrongful and fraudulent buy the said flat on basis o respondent never in VIII.

That the respond delaying the d time of sale of which is i misappropriate consideration of timelines. againstthe respondent in 20 said flat and it further aros to induce the complainant to d frivolous promises, which the eficiency in services by romises made at the unfair trade practice, nt has also criminally complainant as sale the unit by agreed 'Hffi':'"I,T:"1T:::i: time asreed. rr@t R @ RAtWse financial burdens and hardship from his limi respondent's failure to fulfill That the cause of action ac income resources, only because of ts promises and commitments. mmitments. ed in favor of the complainant and 9, when the complainant had booked the when respondent failed /neglected to agreed date.

The cause of action is deliver the said flat on Page 5 of 17 ffiHARERA ffi aiRuGRAM C.

4.

5.

D.

I.

Complaint No.

607 of 2024 continuing and is still subsisting on day-to-day basis as the respondent has still not handed over the possession ofthe flat as agreed.

XI.

That the comblainant further declares that the matter regarding which the present complaint has been made is not pending before any court of law and any other authority or any other tribunal on the subject matter.

Relief sought by the complainant: The complainant has sough (i) Direct the respondent to p ofthe complainant. (ii) Direct the re of delay in offe consideration flat from the d On the date respondent/prom been committed in relatio or not to plead Reply by the ef(s). ssession ofthe residential unit licable rate on account 00/- towards the sale deration ofthe said of possession. explained to the ons as alleged to have 4) (al ofthe act to plead guilty $\,{re rottowing grounas.

ERA The respondent That the complainant is a real investor who had booked the unit in question with a view to quick profit in a short span of time.

However, it appears that his culations have gone wrong on account ofsevere slump in the real esta market and the complainant now want benefits from the respondent.

Such to somehow illegally extra nt cannot be allowed to succeed. malafide tactics of the comp PaEe 6 of 17 HARERA M.GURUORAM RC/REP/HARERA/GGM I II.

That the complaina applied for allo on 23.L2.20L9. conditions of and had admi that they by the project under the affo the respondent was ar,,Yare that Complaint No.

607 of 2024 II.

That the respondent had obtained the approval on the building plans from DTCP vide letter bearing memo no.

Zp_ \348 /AD(RA) /20t9 /281.A6 dated 1S.11.2019 and the environment clearance dated 06.02. ted 06.02.2020 from the State Environment Assessment Authority, Haryana for the project in question.

Moreover, the respondent in compliance of all laws including Real Estate (Regulation and Development] Act, 2016 has registered the project in question with this Hon'ble Authority a registration ce 'ble Authority has issued a no. bearing 5. ofthe said proiect had king application form nd by the terms and nt was aware king application form had applied in the said colony being developed by licy.

The complainant the total sale consideration *@UlQ RAMro*t strictly as per the said policy and only after ing completely satisfied about the same, respondent.

Moreover, the complainant had made the booking with th had also perused and signed ure A of the Application form which contained the payment plan payments. hich specifically stated the stage of Page 7 of 17 HARTRA ffi* GUI?UGRAM Complaint No.

607 of 2024 IV.

That on the basis ofthe application a draw oflot was conducted under the supervision of the concerned departments and subsequently a unit no.

8-707 having a carpet area of 645.549 sq. ft. and balcony area of 104.787 sq. ft. together with one two-wheeler parking.

The complainant was intimated of the said allotmentvide intimation cum allotment letter dated 03.03.2020 whereby the complainant was bound to remit an amount of Rs.

5,33,729/- as per the mutually agreed payment plan on or before 18.03.2020.

That out of the demanded e complainant only made part- payment of Rs.

1,32,000 d hence committed default from the very in y as per the terms ofthe allotment and 06.11.2020 for an amount of Rs 7 ent of the said demanded amou and he failed to remit the total due t was constrained to send another d 020 for the remaining amount. [t is pertinen that despite the multiple vr ;"#1fi::,HI{#t ue payment.

7 .04. nt.

7 .04.2021 demanded a payment " -@t {-q complainant again made only part-payment and failed to pay the total amount as he was liable to pay as per the payment plan and as per the terms of the Affordable Housing policy, 2013.

The respondent after giving ample of time and opportunities to the complainant and after numerous reminders to remit the due amount was constrained to issue final opportunity letter dated 19.O4.ZOZZ vide which the respondent had again reminded the complainant of the due payment of Page B of17 HARERA ffi,GURUGRAI/ Complaint No.

607 of 2024 Rs.

8,75,567 /- which was to be made by the complainant.

The complainant as per the said final opportunity letter was obliged to remit the total amount within 7 days from the date of the said letter.

That despite the service of final opportunity letter only part-payment was made by the complainant and he still failed to make the payment of total due amount.

The respondent vide reminder letter dated 25.06.2021 again reminded the complainant of the due amount of Rs 4,75,760/-.

Despite the n inders sent by the respondent through telephonic calls, ages and the aforementioned reminders and letters VIII.

The complainant application form, 22 of the booking essence ofthe al form and as per that if the allo the demanded amount, then the ed to terminate the allotment by issuing r.

0n account of defaults committed bv th was left with no other choice but to te lainant by issuing the canceuation rett@{glRtJ@RAMnd nnal settrement of the account against the unit no.

8-707.

Therefore, the complainant is now left with no right, title or lien in the unit after the said cancellation.

The said cancellation has been done by the respondent strictly as per the said policy and the same is valid in the eyes of law.

That at the time of cancellation and vide the cancellation letter, the respondent had informed the complainant to collect the balance dues from the ent amount was the e booking application Scheme Policy,2013, Page 9 13, Page 9 of17 HARERA GURUGRAM substantial part timeline prescri respondent.

The complainant has paid Rs.

72,63,500/- only out of the total sale consideration.

IX.

That thereafter, the respondent in accordance with the Affordable Housing Policy,2013, published advertisement in the Newspaper on 1,3.09.2022 inrimating the public that the allotment of the unir in question has been cancelled.

The respondent accordingly invited applications for booking of the said unit.

The unit has been subsequently allotted to M av and Mr.

Sachin Yadav vide allotment letter dated 19.1 re the filing of the present baseless, false and frivol x.

That the responde ictly as per the terms of the allotment, ons issued by the concerned auth ready completed a Complaint No.

607 of 2024 in question as per the of whatsoever nature 7. on the part ofthe Jurisdiction of the authority The authority has complete territorial and subject matter jurisdiction to adjudicate the present complaint for the reasons given below.

E.l Territorialiurisdiction As per notification no.

1/92/2017-1TCp dated 1,4.1,2.2017 issued by Town and Country Planning Department, Haryana the iurisdiction of E.

8.

9.

Page 10 of17 ffiHARERA ffi GTJRuGRAT,/ Complaint No.

607 of 2024 Haryana Real Estate Regulatory Authority, Gurugram shall be entire Gurugram district for all purposes.

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.II Subrect-matteriurisdiction 10.

Section 11(4J(a) of the Act, 2016 provides that the promoter shall be responsible to the allottee is reproduced as hereunder: Section 71 (4) The promoter (o) be respo under the thereunder the associa t for sale.

Section 11(4J(a) and functions ulations made t for sale, or to the conveyqnce ofall the may be, to the allottees, or allottees or the competent Section 344 of the Act pro iance of the obligations cost upon unde upon under this 77.

So, in view ofthe provisions ofthe Act quoted above, the authority has which is to be decided by the adiudicating officer if pursued by the complainant at a later stage.

F.

Findings on the obiections raised by the respondent.

F.l Obiecdon regardlng the complainant belng investor.

12.

The respondeit has taken a stand that the complainant is the investor and not consumer, therefore, they are not entitled to the protection of Page 11 of 17 ffi HARERA ffi, aJRUGRAT,/ Complaint No.

607 of 2024 the Act and thereby not entitled to file the complaint under section 31 ofthe Act.

The respondent also submitted that the preamble ofthe Act states that the Act is enacted to protect the interest ofconsumer ofthe real estate sector.

The authority observed that the respondent is correct in stating that the Act is enacted to protect the interest of consumer of the real estate sector.

It is settled principle of interpretation that preamble is an introduction of a statute and states main aims & ob.jects of tatute but at the same time preamble cannot be used to enacting provisions of the Act.

Furthermore, it is perti aggrieved person can file a complaint oter contravenes or violates any p thereunder.

At ofterm allottee reference: or regulations made upon the definition ced below for ready "2(d) "allottee" in relation to a reol estate project meqns the person to whom a plot, aportment or building, as the case may be, hqs been allotted, sold (whether as freehold or leasehold) or otherwise tronsferred by the promoter, ond includes the person who subsequently ocquires the sqid allotmentthrough sole, transfer or otherwise but does not include o person to whom such plot, apartment or building, as the case moy be, is given on rent;" 13. rn view or "uo,"(6r,[iJJdd UJt"n e{l\lM&", ", wer as au the terms and conditions of the apartment buyer's agreement executed between promoter and complainant, it is crystal clear that the complainant are allottee(sl as the subject unit was unit was allotted to them by the promoter.

The concept of investor is not defined or referred in the Act.

As per the definition given under section 2 ofthe Act, there will be "promoter" and "allottee" and there cannot be a party having a status PaEe 12 of \7 vl HARERA ffi"GURUGRAM Complaint No.

607 of2024 of "investor".

Thus, the contention of promoter that the allottee being an investor is not entitled to protection ofthis Act also stands rejected.

G.

Findings on the relief sought by the complainant: (i) Direct the respondent to provide the possession ofthe residential unit of the complainant. (ii) Direct the respondent to pay interest at the applicable rate on towards the sale con by the complainant as sale consideration of the sai the date of payment till the date ofdelivery of 74.

In the present co s to continue with the project and is provided under the proviso to sectio reads as under. "Section 18: - 18(1). rf the to give possession of qn apartment, plo P d to withdraw from the proj ', interest for every month ion, qt such rate ,,.,n" .,;#;iH[Jr] UGRATM participarion in the draw for the allotment of apartments in the project developed by the respondent company, namely ROF Alante, located at Sector 109, Gurugram.

In response, the complainant was allotted unit bearing no.

707 on the 7th floor in tower B, with a carpet area of645.549 sq. ft. and balcony area of 1,04.787 sq. ft. vide allotment Ietter dated 03.03.2020.

The builder buyer agreement was not executed between the parties.

Page 13 of17 ffi HARERA *ffi. eunuennHr Complaint No.

607 of 2024 The said project is the affordable group housing project and regulated as per the Affordable Group Housing policy,2013.

16.

Clause 1(ivJ of the affordable group housing policy, 2013 provides for handing over of possession and is reproduced below: 1 (iv) All such projects required to be necessarily completed within 4 yeors from the date of opproval of buitding plans or grant of environment clearance, whichever is later. is later.

This dqte shall be rekred to qs the "date of comm of project" Ior the purpose of the policy.

17.

Due date ofpossessio policy,2013 the p date of approval whichever is approval and en 15.11.2019 and possession is bei clearance, being later.

TIi 1,) ofthe affordable housing within 4 years from the nmental clearance, ined building plan f the said project on re, the due date of aate of environmental te ofpossession comes out ;"^[[ff :L:Hy{lmHffi HT;;i:::tiffi Ji: having compreti@t ttitd@{frftffi "nc" th" du" d,t" or possession comes out to be 06.08.2024.

18.

Further, the total price ofthe unitwas Rs.26,32,196/- out of which the complainant has made a payment of Rs.

12,63,500 /-.

The occupation certificate for the proiect was not received till date.

The respondent further raised demand of Rs.7,33,444/-vide letter dated 06.ll.2020.

Due to the complainant's failure to remit the required payment, the PaEe 14 of 77 HARERA ffi,GURUGRAI/ Complaint No.

607 of 2024 respondent issued various reminders for payment dated 76.72.2020, 07.04.2021, 19.04.2022.

Subsequently, due to continued non-payment of the outstanding dues by the complainant, the respondent on 06.05.2022 cancelled the unit of the complainant.

Now, the question before the authority is whether this cancellation is valid or not.

19.

After considering the documents available on record as well as submissions made by the parties, the Authority observes that the said project is regulated as le Housing Policy, 2013.

Further, the clause 5(iii)(i) rdable Housing Policy,2013 is relevant in the case of respondent promoter.

The said clause is repr "lf any suc within the issued by depositing the date of making the published i circulation of payment of due e installments lotment letter to him for f 15 days from defaults in ulters may be er having in the State for ffii&:tri#ir: refunded idered bv the committee ewaiting lisf'.

20. lisf'.

20.

The Authority observes that clause 5[iii)[i) of the Affordable Housing Policy, 2013 provides that if an applicant fails to remit the installment within the prescribed time period, a reminder may be issued to the applicant, requiring payment of the outstanding installment within fifteen (15) days from the date ofissuance ofsuch notice.

If the allottee fails to make the payment within the specified period, the Iist of Page 15 of 17 HARERA M"GURUGRAI4 Complaint No.

607 of 2024 after deduction of iiiJ(i) of the policy. defaulters may then be published in a regional Hindi newspaper.

Ifthe allottee continue to default, the allotment may be cancelled within fifteen (15J days thereafter.

21.

In the present case, it is evident that the demand for payment was raised on 06.17.2020, followed by a reminders dared 1,6.12.2020, 07.04.2021, 19.04.2022.

Despite non-payment of outstanding dues the respondent issued publication in newspaper on L3.09.2022 (annexed at page 64 of reply).

It is o t the complainant failed to pay the remaining amount as ule of payment which led to issuance of notice for respondent/builder dated 06.05.2022.

22. lt is to be noted lection of payment provided under 2013, it is time payment plan. p Housing Policy construction linked 23.

The respondent h r the provisions of the policy and is valid one. on record to show that the respondent has Rs.25,000/- as rhererore, the re(G{:tR ir@Rft ffi" n"ia,p amount or Rs.12,63,500/- to the complainant after deduction of Rs.25,000/- as per the provisions of clause 5(iiiJ(i) of the Affordable Housing policy, 2013 along with interest at the prescribed rate i.e., 10.850/o per annum as prescribed under rule 15 of the Rules, 2017 from the date of cancellation i.e., 06.05.2022 (inadvertently in proceeding dated 31.10.2025 it was mentioned as Trom the date of each payment') till its actual realisation.

Page 16 of U H, Directions ofthe authority 24. hority 24.

Hence, the authority hereby passes this order and issues the following directions under section 37 of the Act to ensure compliance of obligations cast upon the promoter as per the function entrusted to the authority under section 34(0: i.

The respondent is directed to refund the paid-up amount of Rs.12,63,500/- to the com t after deduction of Rs.25,000/- as per the provisions )(il of the Affordable Housing Policy, 2013 along with the prescribed rate i.e., 10.85% per annum as p ofthe Rules, 2017 from the date ofcancel lrealisation.

A period of t to comply with the HARERA *@-GURUGRAM directions would foll 25.

Complaint as accordingly.

26.

File be consigned to Complaint No.

607 of 2024 ch legal consequence stands disposed off (Arun Kumar) Chairman Estate Regulatory Authority, Gurugram Dated: 31.10.2025 HA ERA 4*"^l GUR GRAM Haryana Page 17 of 17