VIDYA DEVI vs SUNRAYS HEIGHTS PVT. LTD.

HARERA HARYANA REAL ESTATE REGULATORY AUTHORTTY GURUGRAM GURUGRAM 6R?Trur kriq{r frFrqrro slHir{ul, Tsrrq New PWD Rest House, Civil Lines, Gurugram, Haryana Shri Tushar Behmani Advocate 02.0+.2025 Naresh Kumari and HR Mehta Proceedings-cum'order The present complaint was filed on L3.05.2024 and the reply on behalf of the respondent was received on 20.L\ -2024' Succinct facts of the case are as follows: PROCEEDINGS OF THE DAY Wednesday and L4.05.2025 CR/2037 12024 Case titled as Vidya DeviVS sunrays Heights Private Limited Complaint No.

Vidya Devi Shri Vijay PrataP Singh Advocate Complainant Represented through Sunrays Heights Private Limited Respondent RePresented through Last date of hearing Proceeding Recorded bY S.No.

Particulars Details "Sixty-Three Golf Drive", Sector 63-A, Gurugram" t.

Name of the Project 2.

Proiect area 5.9 acres 3.

Nature of the Proiec!

Affordable GrouP Hoqqqg 4.

DTPC License no' and validity AZ ot 2074 dated 08.08.2014 Valid upto 07.08.2019 Hrrrrays Heights Pvt.

Ltd., Smt.

Kiran W/o Dharam 5.

Name of licensee 6.

RERA registration details Registered 249 of 20t7 dated 26.09.20t7 7.

Allotment letter 10.08.2017 (Page 19 of comPlaintl L5.06.20L6 [Stamp paper annexed to BtsA at Page 20 ol comolaint') Builder BuYer Agreement executed on B.

Unit no.

C-1^ZB,Tower C I1BHK-TYPe A An Authority 6 under seqtlo rffr taA*t llt{ frrrs) :rfuftqr, 2016fI qr<I 2ot' rfrrd zrea slfrfi'{ur ffi ffi HARERA HARYANA REAI ESTATE REGULATORY AUTHORITY GURUGRAM GURUGRAM Nel Ha G a-qr fr.r.e.S.

EJrfr r r rrrma;r tarra; ;f naaa tg of c0mDtainil 9.

Unit area admeasuring Carpet Area- 356.18 sq. ft Balcony Area- 69.84 sq. ft. fAllotment letter at page 19 !!99rnpl4nl) 10.

Possession clause 4- Possession I "4.7 The developer shall endeavour to handover I possession of the said ftat within a period of 4-\ 'years i.e. years i.e.

48 months from the date of I -commencement of proiecl subiect to force I maieure & timety payment by the allottee towards I the sale consideration, in accordance with the I terms as stipulated in the present agreement"' \ *Note: As per affordable housing policy 2013 - I "L(iv) All such proiects shall be required to be nicessarity completed within 4 years from the approval of buitding plans or grqnt of e'nvironmental clearance, whichever is later' This I dot, shatt be referred to os the "date of | ,o^*rnrement of proiect" for the purpose of I this policv.

The licences shqll not be renewed I Oeyona tie said 4 years period from the date of I commencement of Proiec{ 11.

10.03.2015 [Page 53 of replY) Date of aDDroval building plan 12.

Date of clearance environment I 16.09.2016 | 1n.g.

59 of rePly) 13.

Due date of possession taoz.zozt I (Calculated from date of environment I iI."r.n.., i.e., L6.09,2016 being later, which I comes outto be 16.09.2020 + 6 months as per HAREM notification no.

9 /3'2020 dated 26.05.2020 for projects having completion date on or after 25.03.2020, on account of I force majeure conditions due to outbreak of I Covid-19 pandemic) 14.

Sale consideration Rs.

14,59,640/' (as per BBA at Page 34 of comPlaint) 15. the Amount Paid bY complainant Rs.17,60,7\7 l- [as per Payment Plan Detail Report at page 79 of replvl 76.

Occupation certificate Not obtained and DevetoPment) Act' 2016 t+ivq tEF{a-d ilt{ Rrro srfufrca' 2016f,I qEI 20-, J.f, d ildd cmrs-{ur gRqrun krfErfl ai,,i I HARERA HARYANA REAI ESTATE REGUTATORY AUTHORITY GURUGRAM M GURUGRAM New PWD Rest House, Civil Lines, Gurugram, rql [email protected].

E^,ns rff,tffat drig rtsIlrfr Elfqrsn , r r. l r r r rt rtrIr" rr:=: ttl :r =;=li;I lApplleo on ut 'rz.zuLJ- rdBc t v ut tclJty I 17.

Offer of possession Not offered 18.

Final Reminder sent bY respondent to comPlainant 74.05.2024 [Page 71 of reply) t9.

Publication in newspaper 21.06. per 21.06.2024 fPase 75 of reply) Th" comptai"a"ts have sought the following relief(s): 1.

Direct the respondent to pay interest @ 8.650/o per annum as per the prevailing MCLR plus 2% on the paid amount of Rs.11,60,717 /- for delay period starting from LS.O3.ZOZ1 till the actual handover of physical possession or offer ol possession plus 2 month after obtaining OC, whichever is earlier, as per the provisions of the Act.

Z. birect the respondent to substitute name of original allottee late Smt Vidya Devi to that of Smt.

Hemlata Upadhyay' 3.

Direct the respondent not to cancel or create any third-party interest in tht allotted unit and further handover actual physical possession of the unit after obtaining OC from the competent authority' 4.

To issuelhe last demand as per Haryana Affordable Housing Policy toward consideration of the said flat in order to make the payment.

I S. ff,.

Authority to guide as to in which bank account complainant should deposi I t6t demand if raised by respondent as escrow account of respondent i I ft..rud by Authority vide its order dated L2'02'2024' I e.

Oi...t th; ,"rpond"nt to get the copy of application for OC as such th I tutpondent claims that they have applied for OC' I I Via" proceedings dated 20.1L.2024, the Authority directed the respondent t | .rintain status q-uo with respect to apartment allotted to the complainant till th I decision of the case.

I I rhe counsel for the respondent points out that the complaint has initially bee I nt.a in the name of Smt.

Vidya Devi with all relevant documents including pow( I of "tto.ney and affidavit signed and attested in the name of Smt.

Vidya Devi wh I nra exoired on 14.01.2017 which was before the filing of the complaint' In vie I of the .bo,n", the complaint is liable to be dismissed' I ffr. counsel for the complainant states that the mistake was committed out I igno..n.e and requests that the name of the legal heirs may be substituted.

Ln. tuted.

Ln. authoriw is of the view that the complaint cannot be proceeded in its prese I fo.-.

Howeirer, the counsel for the complainant may file a fresh complaint aft I impleading the relevant parties.

So far as the issue of filing of the prese e S o e n lr IO w nt er nt of lon a1d DeveloPment) Act' 20 16 " {-{vfi {FBnra 3it{ fisrs) rfufrcx, ,916f,1 unr 2oi' rd-T d aBa clfu6'{ur gRqIun t-dq{r HARERA HARYANA REAI ESTATE REGUTATORY AUTHORITY GURUGRAM H GURUGRAM New PWD Rest House, Civil Lines, Gur allottee is concerned, the matter is left to the parties to proceed in the manner, if so desired.

The present complaint is dismissed with liberty as observed above' F'ile be consigned to the record' ""tit"t"d ""dt section 20 the Real Estate (Regulation and Developr ,i"*a; eA".- rik Frrg) $ftf;rq-q, 2916trI qRr 2on rl'f,Ta rEi clfu{{ur