ADITI SAWHNEY vs PURI CONSTRUCTIONS LTD.

HARERA ffi- GUI?UGI?AM BEFORE THE HARYANA REAL ESTATE REGULATORY AUTHORITY, GURUGRAM Aditi Sawhney Address at: B-7 B, Greater Kailash-1, New Delhi-110048 Versus Regd. office: 4-78, Ground f'loor, Tolstoy Marg, New Delhi-i.

10001 CORAM: Shri Ashok Sangwan APPEARANCE: Sh.

Sanjeev Kumar Sharma Ms.

Smriti Complaint No.

1005 of 2OZ4 Complaint no.

1005 of2024 Order reserved on: L3.t2.2024 Ot{qlronounced on: 2L.02.2025 Complainant Respondent Member 1.

ORDER Advocate for the complainant Advocate for the respondent The present complaint has been filed by the complainant/allottees under section 3 j. of the Real Estate fRegulation and Development) Act, 201,6 [in short, the Act) read with rule 28 of the Haryana Real Estate fRegulation and Development) Rule s, z}tr (in short, the Rules) for violation of section 11(a)(a) of the Act wherein it is inter aria prescribed that the promoter shall be responsible for alI obligations, responsibilities and functions under the provisions of ttre Act or the Rules and regulations made there under or to the allottees as per the agreement for sale executed inter set.

Unit and project related details ,/ A.

Page 1 of9 HARERA GUl?UGRAM The particulars of unit details, sale consideration, the amo the complainant, date of proposed handing over the period, if any, have been detailed in the following tabular Facts of the complaint The complainant has made the following submissions in the co Complaint No.

1005 Name and location of the project "Emerald Bay" at sector L04, Haryana Nature of the project Residential Group housing Rera registered or not 136 of 2017 i 28.02.202L 21.05.20t2 7.05.20L3 Amount complainant 2L.tL.2078 07.02.2019 B.

3. / of9 s.

N.

Particulars Details t.

2.

3.

Project area t7,,L7 45 acres 4.

5.

DTCP License no.

6.

Unit No.

L502,15th floor, Block 82 7.

Unit area admeasuring 1550 s<1. ft.

B. buyer agreement 2s.1o.zot3 I 9.

Total sale consideration Rs.

L,26,82,348/- 10.

Rs. /- 10.

Rs.

1,26,19,843/- (as alleged by respondent at p;rge 9 of complaint) 1,1.

Occupation certificate 72.

Offer of possession 13.

Conveyance deed Not executed I. [. executed immediately.

Relief sought by the complainant: The complainant has sought following relief[s).

0rder the respondent/builder to get the conveyance deed executed get the conveyance deed ,': .:t. iL, ffiHARERA ffi-. eunUGRAM harassment to the complainant. ' t,,t,,i''.''l III.

Kindly order the respondent btiiiders to C.

4. (i) immediately.

5. on the date of hearing, the authority explained to the respondent/promoter about the contraventions as alleged l.o have been committed in relation to section tt{4)(al of theract to plead guilty or not to plead guilty.

D.

Reply by the respondent.

The respondent has contested the complaint on the fbllowing gnounds.

I.

That the complaint filed by the complainant is not maintainable as vicle order dated 0B.09.202L passed by Hon'ble Haryana Real Estate Regulatory Authority, Gurgaon the complaint with regard to t5e delay possession charges was adjudicated and no other issue viz. anrount of balance sale consideration/creclit note passed for compensation/passed inadvertently was ever adjudicated between the Page 3 of9 Complaint No.

1005 of Z0Z4 That after taking the possession of the apartment no.

82-1502, Tower 82, admeasuring 1550 sq. ft. the complainant filed complaint against respondent/builder vide complaint no.

2471 dated 16.06.zoz1 which was decided vide order dated OB.O7.ZOZL.

The amount of DPC has been received by the complainant now after repeated request and mails the respondent builder is not coming forward to execute the conveyance deed in favor of the complsinant as revenge to settle the scores with him.

This is causing delay anrC mental ,{"ffiL' W ffi ils{s wi HARERA GUl?UGRAM parties.

M parties.

Further till date the complainant has not made pa/me,nt of any stamp duty and registration charges which are still payable by the complainant to the respondent for the execution and registration of conveyance deed hence present complaint is not maintainable.

II' That the complainant has got no cause of action to file the present complaint.

The whole complaint is based upon the execuEion and registration of conveyance deed which the respondent is ready to execute and register subject to, making payments of stamp duty and registration charges as wellffielfl+og sale consideration for which charges but the complainant having fired a complaint for the same and the respondent having paid tht ; paid the same, now the amount of balernce sale consideration has become paiable.

Complaint No.

1005 of Z0Z4 III.

That the complainant is guilty of concealment and misrepresentation.

It is the complainant who has never made any payment of starnp duty, registration charges as well as amount of balance sale consideration for which credit note at the time of offer of possession w,as passed to set 6ff the delay possession charges / passed inadvertently though the allottee has taken possession of the unit long back.

The respondent has never refused to execute and register the conveyance deerl and has also sent the request letter / reminder to make payment of requisite stamp drty and registration fee etc. but the comp,lainant always stated that ttre payment of stamp duty etc. and execution of conveyance deed is the matter between the complainant and the state of Haryana and respondent cannot force to execute the conveyance deed.

Hence tyre present complaint is devoid of merits.

IV.

That the present complaint is barred un,der 0rder 2 Rule Z CptCas the said cause of action was available to the complainant at the time of filing Page 4 of 9 ffiHARERA ffi GURUGRAM 7.

1005 of 2024 of previous complaint hence the complainant has got no right to file another complaint. complaint.

Copies of all the relevant documents have been filed and placed on record.

Their authenticity is not in dispute.

Hence, the complaint can be decided on the basis of these undisputed documents and submission made by the parties.

In the proceedings dated 1,3.L2.2024, the matter was reserved for orders and both the parties were given the liberty to submit written submissions within a per with advance copy to each been filed by either of the parties.

E. )urisdiction of the Town and Country Planning Department, Haryana the jurisdiction of 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.lI Subject-matter jurisdiction 11. section 11(4)(aJ of the Act, 201,6 provides that the promoter shall be responsible to the allottee as per agreement for sale.

Section 11(a)(a) is reproduced as hereunder: Section 77 'i6 rn, promoter shau- other.

No such written su Page 5 of9 Complaint No.

L005 of Z0Z4 (a) be responsible for all obligations, responsibilities and functiols under the provisions of this Act or the rules and regulations maate thereunder or to the allottees as per the agreement for sale, or t:o the association of allottees, as the case *ay br, till tie conveyanc,e of all the apartments, plots or buildinlTs, as the case moy be,'to the allottees, or the common areas to the association of allottees or the competent authority, as the case may he; Section 34-Functions of the Authority: 3a(fl of the Act provides to ensure compliance of the obligations cast upon the promoters, the allottees and the real estati agents under this Act and the rules and regulations made thereundei. hereundei.

So, in view of the provisions of the Act quoted above, the authgrity has complete jurisdiction to decide the complaint regarding non- compliance of obligations by the,promoter leaving aside compernsation which is to be decided by the,adjlldicating officer if pursuecl by the complainant at a later stage. :: ndings on the obiections raised by the respondent: )bjection regarding complaint barred by order II Rute 2.

The respondent has raised an objection that the present complaint filed by the complainant is barred by thre Order II Rule 2 of The code of Civil Procedure, 1908, which clearly states that the suit which is filed by the complainant shall include the wh.ole claim which the plaintiff is entitled in respect of the cause of action.

In the present matter the complainant earlier filed a complaint bearing no. z4Tr of zoTI which was decided on 08.09.202L.

In ther aforementioned cornplaint, complainant sought a relief pertaining rlo the handover of possession and delay possession charges.

And now complainant by filing another complaint seeking relief regarding execution of conveyance dr:ed.

So, the present complaint should be dismiss;ed on this ground.

The Authority observes that in terms of Section rl(4)(f) read with Section 17 of the Act of 201.6, it is the statutory obligation of the respondent to get the conveyance deed executed in the name of the allottee.

The complaint cannot be construed being barred by res- Page 6 of 9 ffiHARERA ffi* GURUGRAM (a) be under thereu the ast of all t allotte compe Sectio, 34(fl t cast u1 under i t2.

So, in view ol complete ju compliance o which is to t complainant F.

Findings on th F.I Objection reg 13.

The responc filed by the c of Civil Proce by the compl; entitled in re complainant was decided complainant and delay por complaint set the present cr 14.

The Authorif Section 17 ot respondent tr allottee.

The ffiHAREI?A #-. ouRUGRAM Complaint No.

1005 of Z0Z4 iudicata on this ground. is ground.

In fac! the act of the respondent in not getting the conveyance deed executed has led to unnecessary litigation which could have been avoided.

Execution of conveyance deed is a logical corollary to the allotment, execution of buyer agreement and lhanding over of the possession of the allotted unit.

Therefore, in vie,,v of the above, the objection of the respondent w.r.t. the complaint being barred by Order II Rule 2 stands rejected.

G.

Findings on the relief sought by the complainant: (i) 0rder the respondent/builder tg get the conveyance deed exercuted immediately. 'I r,'i" rr"i-,.:,i 15.

The complainant is seeking aituetion to execute the conveyan,ce deed of the unit in favour of the complainant.

The complainant booked a unit bearing no.

1502 on 15tt,floor in Block B2 admeasuring 15s0 sq. ft.

The builder buyer agreement was executed on zg.1,o.zoLlJ.

The complainant has been offered possession of the allotted unit on 07.02.2019 after obtaining of occupation certificate on 21..1.1.21018 as per clause of the agreement.

Through an order dated o1.og.z0z1, the Authority had directed the respondent to pay delay possession r:harges to the complainant in CR no.

247t of 2A21.

The respondent has; stated that some 'credit note' was passed to set of the delay possession charges/passed 'inadvertently' thoug;h the allottee has taken possession of the unit long back.

This issue cannot be raised at the present stage as the said order stands satisfied and has attainecl finality.

1,6.

So far as the relief of execution of conveyance isr concernerl, it is relevant to reproduce the provisions of Serction 11 (a) [fJ and liectiorr 17 (1) of the Act of 201,6 which lay down as under: Section 11 (4) (f) execute a registered conveyance deed 0f the apartment plot or building, as the case may be, in favour of the allottee along with PageT of9 ,/ HARERA ffiGUI?UGI?AM the undivided proportionate title in the common areas to the association of allottees or competent authority, as the c , as the case moy be, as provided under section 17 ofthis Act; "SectionTT: Transfer of title.

17(1).

The promoter shall execute a registered conveyance deed in favour of the allottee along with the undivided proportionate title in the common areas to the association of the allottees or the competent outhoriQt, as the case may be, and hand over the physical possession of the plol apartment of building, as the case may be, to the allottees and the common areas to the association of the allottees or the competent authority, as the case may be, in a real estate project, and the other title documents pertaining theretowithin specified period,ggper sanctioned plons as provided under the local lows: Provided that in the favour of the allottee or To the above provi$ions leave :: 4 ' :a:. n^ that it is the statutory , obligation of the promoter to get deed executed in favour of the allottee. case may be, as provided under sub-section [1) of section L7 of this Act.

19.

As the occupation certificate of the unit has been obtained from the competent authority onZl.ll.20l&,there is no reason to withhold the execution of conveyance deed which can be executed with respect to the unit.

Accordingly, the Authority directs the respondent to execute the conveyance deed in favour of the complainant after payment of Complaint No.

1005 of 2024 competent authority, as f/re dffj be carried out by the promoieli issue of occupancy certificote.'i 17.

18.

Furthec the obligation has to be read in conjunction with section 19(11) of the Act of 2}l6which provides a mutual duty on the allottee to participate towards registration of the conveyance deed as prrovided in section 17(1) of E -.^ -I -,_-- I Section 19.

Rights and duties of allottees (11) Every allottee shall participate towards registration of the conveyance deed of the apartment, plot or building, as the ['age 8 of 9 ,/ ffiHARERA ffioutttlGtiAM applicable stamp duty charges and administrative Rs. rative Rs.15,000 /- as fixed by the local administration, if not a within 90 days from the date of this order.

H.

Directions of the authority 20.

Hence, the authority hereby passes this order and issues the 2L, directions under section 3T of the Act to ensure com obligations cast upon the promoter as per the function en authority under section 3af): The respondent is favour of the complain charges and ad the local admi the date of ii.

A period of directions would Complaint as wel accordingly.

22.

File be consigned to registry.

GUilUGRA Haryana Real Estate Complaint No.

1005 of the the convey of applicable duty up to Rs.15,000/- by d, within 90 d from t to comply the legal co Authority Dated:21 Page 9 of 9