MOHAMMAD YAMIN KHAN vs OCEAN SEVEN BUILDTECH PVT. LTD.

The present complaint was filed on 19.10.2021. Despite multiple opportunities to the respondent, the respondent has failed to file reply and in view of the same, the defence of the respondent was struck of by the authority vide order dated 08.12.2023. The succinct facts of the case are as under: S. No. Particulars Details 1. Name of the project Golf Heights, Sector 69, Gurugram, Haryana. 2. Project area 5.4125 Acres 3. Nature of the project Affordable housing project 4. DTCP license no. 28 of 2018 dated 02.05.2018 License valid till 01.05.2023 Licensed area 5.4125 Acres 5. HRERA registered/ not registered Registered vide no. 17 of 2018 dated 12.10.2018 HRERA registration valid up to 20.10.2023 (Including 6 months COVID extension) 6. Building plan approval dated 20.07.2018 7. Environment clearance dated 10.10.2019 8. Date of booking N.A 9. Allotment letter issued in favour of complainant on 14.03.2019 (Page no. 20 of complaint)  10. Unit no. 1402, 14th floor, Tower 2 (Page no. 20 of complaint)  11. Unit admeasuring 574 sq. ft. of carpet area along with 98 sq. ft. of balcony area [Page no. 20 of the complaint] 12. Builder buyer agreement Not executed 13. Possession clause as per clause 5.2 of the agreement The Company shall sincerely endeavour to complete the construction and offer the possession of the said unit within five years from the date of the receiving of license (“Commitment Period”), but subject to force majeure clause of this Agreement and timely payment of installments by the Allottee(s), However In case the Company completes the construction prior to the period of 5 years the Allottee shall not raise any objection in taking the possession after payment of remaining sale price and other charges stipulated in the Agreement to Sell. The Company, on obtaining certificate for occupation and use by the Competent Authorities shall hand over the said unit to the Allottee for his/her/their occupation and use, subject to the Allottee having complied with all the terms and conditions of the said Policy and Agreement to Sell and payments made as per Payment Plan. It is further agreed by the Allottee that the Developer shall not be liable for delay in completion of construction, in case of force majeure condition and/or the delay is caused due to non-completion of construction of said Complex /building/unit. In the event if a number Allottee(s) are not paying due installments on time or a number of Allottee(s) has withdrawn their application after allotment of unit or a number of units has been cancelled due to nonpayment of due installments or otherwise… (Note: - Possession clause taken from the similar project being developed by the same promoter in CR/4218/2021) 14. Possession clause as per policy 1(IV) of the Affordable Housing Policy, 2013 All such projects shall be required to be necessarily completed within 4 years from the approval of building plans or grant of environmental clearance, whichever is later. This date shall be referred to as the “date of commencement of project” for the purpose of this policy. The licenses shall not be renewed beyond the said 4 years period from the date of commencement of project. 15. Due date of possession 10.04.2024 (calculated from the date of environment clearance dated 10.10.2019 being later + 6 months as per HARERA notification no. 9/3-2020 dated 26.05.2020 for the projects having completion date on or after 25.03.2020) 16. Total consideration Rs.23,09,500/- [As alleged by the complainant at page 16 of complaint] 17. Amount paid by the complainant Rs.3,67,250/- (As per receipt and demand letter at page no. 26 and 27 of complaint)  18. Occupation certificate Not obtained 19. Offer of possession Not offered The counsel for the complainant states that he is seeking possession of the allotted unit and the construction of the project is yet not been completed. The counsel for the respondent states that the complainant is defaulter due to non-payment of outstanding dues. Arguments  heard. Order reserved. However in the interest of justice,  the respondent may file written arguments within a period of 2 weeks with an advance copy to the counsel for the complainant. Matter to come up on 15.10.2024 for pronouncement of order.

The present complaint was filed on 19.10.2021. Despite multiple opportunities to the respondent, the respondent has failed to file reply and in view of the same, the defence of the respondent was struck of by the authority vide order dated 08.12.2023. None is present on behalf of the respondent today. The proxy counsel for the complainant seeks a short adjournment as the arguing counsel is not available today. Request is allowed. Matter to come up on 03.09.2024 for further proceedings.

The matter is adjourned to 21.05.2024 before the full bench for further proceedings.

Matter is adjourned to 15.03.2024.

The court is adjourned today i.e. 20.10.2023 due to power cut in the HARERA Gurugram office. Matter to come up on 08.12.2023  for the purpose  already fixed.

The present complaint was filed in 2021. Due to non-appearance of the respondent, a direction vide order dated   03.03.2023 was issued by the authority for issuance of public notice for its presence for this date. The publication has since been made in the newspaper “Dainik Bhaskar” and “Hindustan Times” made by the registry of the authority. The proxy counsel for the respondent states that main arguing counsel is  not available  due to some other engagement, hence seeking a short adjournment.  Request is allowed. The respondent is directed to file reply alongwith previous cost within a period of 3 weeks with an advance copy to the complainant failing which additional cost of Rs.5000/- shall be imposed upon the respondent.  Last opportunity is being granted. In case reply is not filed within the time allowed, the defence of the respondent may be struck off. The proxy counsel for the respondent states that they have submitted a plan regarding completion of the project in the office of Town and Country Planning Department Chandigarh and as per that, the project is  to be completed within one year i.e  by July 2024. They are further directed to submit the said plan and correspondence with DTCP in the authority also before the next date of hearing. Matter to come up on 20.10.2023 for further proceedings.

The above complaint alongwith CR bearing Nos. 4218/2021,  4221/2021, 4219/2021,  4222/2021, 4217/2021,  4223/2021, 4504/2021, 7257/2022, 7258/2022, 6185/2022, 7785/2022, 5490/2022, 435/2022, 5300/2022, 5289/2022 and 6812/2022 were filed before the authority seeking delayed possession charges/refund on failure to deliver possession of the allotted unit by the respondent.  The registry had already sent the notices of the above complaints through emails i.e. [email protected] and the same is shown to have delivered on the above email addresses as per the report available in the file. Finally on 14.10.2022,  a notice was sent to the respondent which was duly served upon them on 17.10.2022 at the registered office of the respondent. Despite proper service of notices seeing the interest of a large number of allottees in the project to be developed by the respondent is involved, the  receipt of the notice clearly shows that the respondent is avoiding service to put in appearance.  Let the respondent be served by way of substituted service i.e. by way of publication in newspaper i.e. Dainik Bhaskar and Hindustan Times and the publication expenses shall be borne by the complainant on share basis. Matter to come up on 28.07.2023 for further proceedings.

The Coram is not complete, so the matter is adjourned to 03.03.2023 for the purpose as already fixed.

The registry of the authority has sent the notice through speed post as well as through email. Despite a number of reminders due service, the respondent builder failed to put an appearance to the averments made by the complainant. Though on the previous date planning/ engineering wing of the authority was directed to inspect the site and submit its report but that report has been submitted in one project only. In absence of complete details of project and non-appearance of respondent builder the issues for adjudication cannot be dealt effectively. Hence in such a situation the presence of respondent builder to put up its case before the authority is must. Since, the respondent builder is avoiding put in appearance  despite multiple opportunities, the authority in exercise of powers under section 35 of the Act,  2016,   directs the respondent directors with the CFO to appear before the Authority  alongwith relevant record of the case and status of the construction and other development works undertaken in the project and their likely date of completion on the next date of hearing.   A copy of the notice be served  to the respondent through process server of the authority.  Registry is directed to do the needful.           Matter to come up on 03.11.2022 for further proceedings.

On the last date of hearing no one was present from the respondent side and the respondent has failed to file reply even on this date. The respondent is directed to file reply within two weeks i.e. by 31.05.2022 in the registry with a copy to the complainant subject to costs of Rs.5,000/-, for not complying with the orders of the authority. Last opportunity is being granted. In case, reply is not filed even at this stage within the time allowed, the defense of the respondent may be struck off.            Since inspite of service of the notice and multiple opportunities,  the respondent has neither filed reply nor put in appearance and hence, the Planning/Engineering Wing of the Authority is directed to inspect the site and to submit status of the project alongwith details of sanction of the building plans, date of grant of environment clearance to work out due date of possession as per Affordable Housing Policy, 2013 which are required to proceed further in the matter on the next date of hearing. Planning Branch to do the needful within 15 days and submit report in the registry.              The matter to come up on 06.09.2022 for further proceedings.

The present complaint was filed on 19.10.2021 and registered as complaint No. 4219 of 2021. As per the registry, complainant has sent copy of complaint along with annexures through speed post as well as through email and proof regarding having the delivery of the complaint along with annexures made to the respondent has been submitted by the complainant as available in the file.  The registry of the authority sent a notice with a copy of the complaint along with annexures through speed post of which delivery confirmed on 13.12.2021 as per the tracking report of the speed post available in the file.  Registry has also sent the notice along with a copy of the complaint through email at following email address: [email protected] The same is shown to have been delivered on the above email address as per the report available in the file.  It is proper service of the notice.             Neither the written reply has been filed  by the respondent nor is putting in appearance. One last opportunity is being granted to the respondent for filing of the reply within two weeks i.e. by 22.03.2022 in the registry with a copy to the complainant. In case reply is not filed within the time allowed, the defense of the respondent may struck off.                       Matter to come up on 17.05.2022 for further proceedings.

THE MATTER IS ADJOURNED TO 08.03.2022.