KARAN SINGH AND MEENAKASHI vs SAVYASACHI INFRASTRUCTURE PVT LTD

COMM: Shri Arun Kumar Shri Vijay Kumar Goyal Shri Ashok Sangwan Shri Sanieev Kumar Arora Complaint No.

7497 of2022 & others Chairman Member Member Member ffiHARERA ffi atnuonnrr,r BEFORE THE HARYANA REAL ESTATE REGULATORY AUTHORITY, GURUGMM Date of decision: 3O.01.2024 NAME OF THE BUILDER M/s Salyasachi Infrastructure pvt.

Ltd, Amaya Greens at Sector 3, Gurugram, Haryarla cR/7497 /2022 :ructure Pvt.

Shri Pankaj Kumar None cR/7773/2022 Shri Pankaj Kuma r None cR/7827 /2022 t lt g lt" Infrastructure Pvt.

I yLr, Shri Pankaj Kumar None cR/?839/2022 re Pyt.

Shri Pankaj Kumar N one cR/7892/2022 Page 1 of 1B Case title PROJECT NAME S.

No.

I case No.

2.

Sharmila Vs.

M/s Salr}/asachi Infiastructure pvt Lrd.

3.

Ltc 4 Di\,,ya Nandal Vs.

M/s Savyasachi Infrastructure pvt.

Ltd.

HARERA ffiGURUGRAI,{ Complaint No.

7497 of 2022 & others ORDER 1.

This order shall dispose of the aforesaid complaints titled above filed before this authority under section 31 of the Real Estate (Regulation and Development) Acr,2016 (hereinafter referred as "the Act") read with rule 28 ofthe Haryana Real Estate (Regulation and Development) Rules,2017 (hereinafter referred as "the rules") for violation ofsection 11(4)(aJ ofthe Act wherein it is inter alia prescribed that the promoter shall be responsible for all its obligatioqs, responsibilities and functions to the allottees as per the agreement fof sale executed inter se between parties.

The core issues emanating from them are similar in nature and the complainant(s) in the dbove reierred matters are allottees of the project, namely, Amaya Greens situatedit Sector 3, Curugram being developed by the same respondent/promoter i.e., M/s Savyasachi Infrastructure pvt.

The terms and conditions of the buyer's agreements and fulcrum of the issue involved in all these cases pertains to failure on the part of the promoter to deliver timely possession of the units in question, seeking possession of the unit along with delayed posses yed possession charges.

The details of the complaints, reply status, unit no., date of agreement, possession clause, due date of possession, total sale consideration, total paid amount, and relief sought are given in the table below: "Amaya Greens", Sector Haryana Affordable plotted Jan Awaas Yojna 03, Gurugram, colony under Deen Dayal Proiect Name and Location Nature ofthe project 9.0375 acres Page 2 of 18 Proiect area ISHARERA #GuRUGRAM Complaint No, 7497 of 2022 & others 37 0f 2077 dated 28.06.2017 valid vp to 27.06.2022 Licensed area : 9.0375 acres Licensee - Sharma Confectioners Pvt.

DTCP License No. and other details 212 0f 2017 dated 18.09.2017 Valid up to 16.03.2023 0ncluding 6 months area : 9.0375 acres HRERA Registered Completion certificate on the complain ants Offer of possessio n Complaint No., Case Tid€, and Date offiling ofcomplaint Not placed on fecord Possessio certificate 30.17.202 DPC Complete developme project Registratio n ofthe plot cR/7497 /2022 Sunny Singh f.aith & Anr M/s Salyasachi Infrastructure PvL Ltd, DOF: 26.12.2022 Reply: Notfiled URU + 6 months grace period of covrDl Page 3 of 1B Dat€ of lorBs,{ i l Due date ol possession AP- Rs 26 00.415 Uni t & size 30.03.2023 TSC" Rs 26,00,41S 148.02 sq. ydsl *HARERA S-GuRircRAM Complaint No.

7497 of 2022 & others cP./7713 /2022 Sharmila M/s Salyasachi lnfrastructure Pvt Ltd.

DOF: 26.12.2022 Reply: Not filed (Plot) 107.35 sq. yds 03.12.2021 rd 03.06.2023 [12 months from agreement + 6 months grace period of c0vlDl xi,]r"la.

TSC- Rs.

18,78,625 AP' Rs. tl,49312 Not placed on record I Possession I DPC I Complete developme project I ReSistratio n o[the plot 3. cP./7A27 /2022 f'aran Singh and Meenakhi M/s Salyasachi InfTastructure Pvt Ltd.

DOF: 26.12.2022 Reply: Not filed A-58 (PIot) 1028 so. ft /a /it IJ t 'i-" \, 21.43.2019 ).202t TSC- Rs.

23,25,336 22,79,7 6a Not placed on record Possession DPC Complete project ReBistratio n of lhe plot 4. he plot 4. cR/7A39 /ZOZZ Mamta Kumari M/s Salyasachi Infi'astructure h/t Ltd.

DOF: 26.L2.2022 Reply: Notfiled A-42 (Ptor) 1028 sq. ft.

04.01.2019 04.07.2021 124 months agreement + 6 months grace period of c0vrDl TSC- Rs.

24,25,052 AP- Rs.

27,63,036 Not placed on record Possession DPC Complete developme proiect Registratio n of the plot Page 4 of 18 [24 nronths agreemenl + 6 months grace period of LC0VrDl HARERA P* GURUGRAM 5.

Complaint No.

7497 of 2022 & others 4.

The aforesaid complaints were filed by the complainant-allottee(s] against the promoter on account of violation of the builder buyer's agreement executed between the parties in respect of subject unit for not handing over the possession by the due date, seeking the physical possession of the unit along with delayed possession charges and maintenance charges.

The facts of all the complaints filed by the complainant-allottee[s) are similar.

Out of the above-mentioned cases, the particulars of lead case CR/7497/2022 titled ds Sunny Singh Kaith and Anr.

Vs. lil/s Savyasachi lnlrastructure PvL Ltd, are being taken into consideration for determining the rights ofthe allottee(s) qua the reliefsought by them.

Proiect and unit related details The particulars ofthe prolect, the details ofsale consideration, the amount paid by the complainant(s), date of proposed handing over the possession, delay period, if any, have been detailed in the following tabular form: A.

6.

5. cR/7A92 /2022 Dilya Nandal M/s Sa\,f/asachi Infrastructure PvL Ltd.

DOF: 26.12.2022 Reply: Not nled 41/3 IPlot] 1028 sq. fL 30.07.2019 I 30.01.2022 [24 months from agreement + 6 months grace period of c0vrDl TSC- Rs.

25,50,468 AP' Rs.

24,35,985 Not placed on record Possession DPC Complete developme project Regislratio n ofthe plot Note: In the table referred above certain have been used. been used.

They are elabo rated as follows Abbreviation DOF DPC TSC FUU form Date ol filing olcomplaint Delayed possession charges Total sale consideration Amount paid by thc allottee/s 3 Page 5 ol lB ff HARERA #- aJRuGRA[/ Complaint No.

7497 of 2022 & others CR/7497/2022 titled as Sunny Singh Kaith and Anr.

Vs.

M/s Sovyasachi Infrastructure pvl Ltd, s.N.

Particulars Details 1.

Name ofthe project "Amaya Greens", Sector 03, Gurugram.

Nature ofthe project Deen Dayal fan Awaas Yojna 3.

Project area 9.0375 acres 4.

License no. l il 2017 dated 28.06.2017 \p to 27 .06 .2022 sed area: 9.0375 acres Confectioners Pvt.

5.

RERA w 17 dated 18.09.201.7 o 1,6.03.2023 (lncluding 6 race period of C0VID) d arear 9.u3 / 5 acre\ 6.

Completioncerti[icate lrr.Or.rOZ, received on I A 7.

Allotment letter issued by the respondent in favour of the complainants on 30.09.2027 [Page 54 of complaint] B.

Agreement for sale between the respondent and the complainants 30.09.2027 [Page 24 ofcomplaint] 9.

PIot no.

B-66 admeasuring 148.02 sq. yds. (Page 29 ofcomplaint) Page 6 of 18 l ffi HARERA ffi aJRTJGRAu Complaint No.

7497 of 2022 & others Total sale price Rs.

26,00,4L5/- as per clause 1.1 of the Agreement to sale (Page 29 of complaint) Paid up amount Rs.

26,00,415/- as alleged by the complainants [Page 17 of complaint) Possession clause 7.2. "Procedure for taking possession of Plot: The promoter upon obtaining the approved rcation-cum-zoning plan ond provision ces by the colonizer/promoter, duly ,/port completion certificote, as the ay be, in respect of plotted colony shall iting the possession of the plot months from the date of agreement to the allottees ffi Due date from agreement + 6 period of C0VIDI Possession letter HA record by the complainants Facts ofthe comp 7.

The complainants have made following submissions in the complaint; i. plaint; i.

That after going through advertisement published by respondent in the newspapers and referring to the brochure /prospectus provided by respondent, the complainants desired an allotment of a unit/ plot in the proiect ofthe respondent floated by the name ofAmaya Greens, in Sector- Page 7 of 18 30.03.2023 HARERA ffiGURUGRAM agreement.

7497 of 2022 & others ll, 3, Farukhnagar, Gurugram, Haryana, having super area 148.02 Sq, yds,, for basic sale consideration of Rs.

26,00,415/-.

That deluded by the representations of the respondent, the complainants entered into a builder buyer agreement on 30-09-2021.

The complainants thereafter paid a full & final payment of Rs.

26,00,475 /- up to 22.01.2022 towards the booking in the project.

The respondent thereupon issued the allotment letter on 30.09.2021 in favour of the complainants for plot no.

B- 66.

The respondent represented that it is in right to exclusively develop, construct and build residential building, transfer or alienate the unit's floor space and to carry out sale deid, agreement to sell, conveyance deeds, letters of allotments etc. in respitct to the prorect.

That as per clause-4.1 of the builder.buyer's agreement, the respondent was under legal obligation to handover the possession of the above said plot within 24 months from the date of execution of the builder buyer flIII llr. iv.

That the complainants visited the site during the course of construction and noticed and found that the construction work was delayed beyond the possession date and since then they have been trying to communicate to the respondent by visiting their offices and through various modes including but not limited to telephonic conversations and personal approach etc. v.

That the complainants have made and satisfied all the payments against the demands raised by the respondent and as on the date of filing of the present complaint, the complainants have abided by all the payment plan of the builder buyer's agreement wi reement without any delay and default.

The complainants have also paid the development charges of the project.

Page B of 18 HARERA ffiGURUGRAM vi.

That till today the complainants have not received any satisfactory reply from the respondent regarding the completion of the project.

The complainants have been suffering a lot of mental, physical and financial agony and harassment. vii.

That the respondent has not completed the construction of the said real estate project till now and the complainants have not been provided with the possession of the said plot despite several and repeated promises and representation made by respondent.

By committing delay in delivering the possession ofthe aforesaid plot, db reipondent has violated the terms and conditions ofthe builder buyer's agreement and promises made at the time of booking of said plot. viii.

That cause ofaction accrued in favour'ofthe complainants and against the respondent, when complainants had booked the said plot and it further arose when respondent failed/ neglected to deliver the said plot within stipulated time period.

The cause of action is continuing and is still subsisting on day-to-d Complaint No.

7497 of 2022 & others C.

Reliefsought by the complainants B.

The complainants have sought II.

I, Direct the respondent to pay the,delayed possession charges till offer of possession of the said plot along-with prevailing interest as per the provisions ofthe Act.

Direct the respondent to provide habitable possession of the said plot/unit to the complainants with immediate effect.

Direct the respondent to complete the development work of the proiect.

III.

Page 9 of 18 HARERA Complaint No.

7497 of 2022 & others subject matter reasons given MGURUGRAM 02.lL.2023.

IV.

Direct the respondent for registration of the said plot /unit with immediate effect.

Direct the respondent to pay Rs.

50,000/- as litigation expenses. expenses.

Any other relief /order or direction, which this Hon,ble Authority may deem fit and proper considering the facts and circumstances of the present complaint.

9.

The public notice for appearance ofthe respondent and for filing reply was published on 77.06.2023 in two newspapers.

Despite that, the respondent failed to appear on 27.07.202i .17.2023.

None has appeared on behalf of the respondent despite sufficient opportunities.

In view of the same, the respondent was proceeded ex-parte vide order dated VI.

D, a!t 10.

The authority observes that it has territorial as well as jurisdiction to adjudicate the present complaint for the below.

D.I 11.

As per notification no: l/g7/gAlflTCp dated 74.72.2017 issued by Town and Country Plannihg Department, the jurisdiction of Real Estate Regulatory Authority, Gurugram shall be entire Gurugram District for all purpose with offices situated in Gurugram.

In the present case, the project in question is situated within the planning area of Gurugram District.

Therefore, this authority has complete territorial.iurisdiction to deal with the present complaint.

Page 10 of 18 HARERA ffiGURUGRAM Complaint No.

7497 of 2022 & others D.II Subiect matter iurisdiction 12.

Section 11[a)(al of the Act, 2016 provides that the promoter shall be responsible to the allottee as per agreement for sale.

Section 11(4J(a) is reproduced as hereunder: Section 77 (4) The promour sholl- (o) be responible for all obligqtions, responsibilities and functions under the provisions of this Act or the rules ond regulations tno(le thereunder or to the ollottees qs per the agreement for sole, or to the qssociotion ofollottees, asthe casemaybe, till the conveyance ofallthe opartments, plots or buildings, qs the cose may be, to the ollottees, ot the common areos to the ossociqtion of ollottees or the competent authotity, os the cose may be; 34A of the Act provides to ensure compliance of the obliqotions cost upon the promoters, the allottees and the real estate al estate ogents under thts Act and the rules qnd regulotions made thereunder.

13.

So, in view of the provisions of the Act quoted above, the authority has complete jurisdiction to decide the complaint regarding non-compliance of obligations by the promoter leaving aside compensation which is to be decided by the adjudicating officer if pursued by the complainants at a later stage.

HAH t4.

Findings on the reliefsought by the complainants E.I Direct the respondent to provide habitable possession of the said plot/unit to t]le complainants with immediate effect.

In the present complaint, the grievance of the complainants is that the respondent has failed to handover the physical possession.

Vide proceedings dated 76.01.2024, it was observed by the authority that the complainants have submitted copy of the letter of handing over of possession/possession certificate which is not legible and was thus T E.

15.

Page 11 of 18 HARERA ffiGURUGRAM t7.

7497 of 2022 & others 16. directed to file clear copyofthe same.ln compliance ofthe aforesaid order, the complainants have placed on record possession letter in CR/ 7497 /2022 and CR/7839 /2022.

Further, it has come to the notice of the authority through LC report dared 2 6.12.2023 in another matter where it has been stated that the promoter has constructed/sold plots/SCOs in an area of 3.125 acres beyond the licensed area.

The complainants in CR/7497 /2022 present in person along with counsel stated that the units ofthe complainants fall in the licensr As per possession letter placed on .ced on record in CRI 7497 /2022 anc) CR/7839 /2022, the physical podsession o in of the subject floor has already 30.11.2021 and 01.09.2021 respe r, the counsel for the complainants submitted that the physical possession has not been handed over by the respondent to the complainants. plainants.

The authority observes that respondent promoter has obtained completion certificate in respect of the said project from the competent authority on 1,1,.01,.2021, and has offered the possession of the subject plot/unit(sl.

Section 17 of the Act obligates the promoter to handover rhe physical possession of the subject plot/unit complete in all respect as per specifications mentioned in BBA and thereafter, the complainants- allottees are obligated to take the possession within 2 months as per provisions ofsection 19(10) ofthe Act, 2016.

In view ofthe above, the respondent is directed to handover the pos5essron of the allotted unit/plot to the complainants complete in all aspects as per specifications of buyer's agreement within one month from date of this order after payment of outstanding dues, if any, as the completion 18.

Page 72 of lB ffi HARERA ffi arnLrennr'r certificate in respect of the project has already been obtained by it from the competent authority.

E.II Direct the respondent to pay the delayed possession charges till offer of possession of the said plot along-with prevailing interest as per the provisions of the Act.

In the present complaint, the complainants intend to continue with the proiect and are seeking delay possession charges at prescribed rate of section 18[1) ofthe Act whi der:- "Section 78: - Return of tpensation 1B(1). lf the promoter apartment plot, or Io\ Provided Complaint No.

7497 of 2022 & others 19. project, he r is unable to give possession of an tund to withdrqw from the nterest for every month of deloy, till L at such rote os moy be prescribed.

20.

Clause 7.2 of the the agreement) dated 30.09.2027, provides reproduced below: "7,2 Procedure "The promoter and provision of services by the colonizer/promoter, duly cettifying/port completion certificate, os the cose mqy be, in respect of plotted colony shall oller in writing the possession ofthe plotwithin twelve months from the dote of signing of this ogreement to the ollotte he ollottees as per terms of this agreement.....,...." 21.

Due date of handing over possession: As per clause 7.2 of buyer's agreement, the respondent promoter has proposed to handover the possession of the subject unit within a period of twelve months from the date of signing of this agreement to the allottees as per terms of this ession and the same is Page 13 of 18 interest on amount already paid by them as provided under the proviso to ffi HARERA # aJRuGRA[/ Complaint No.

7497 of 2022 & others agreement.

The authority in view of notification no.

9/3-2020 dated 26.05.2020, on account of force majeure conditions due to outbreak of Covid-19 pandemic has allowed the grace period of 6 months to the promoter.

Therefore, the due date of handing over possession comes out to be 30.03.2023.

22.

The following table concludes the due date of handing over possession in the following matters: 23.

On consideration of the on record and submissions of the Act, the authority is made regarding contraventio satisfied that the respondent slons or the Act, the authonty ls y obtained completion certificate in respect of the said project prior'to the due date of handing over possession as per the terms of the buyer's agreement executed inter se parties.

Byvirtue ofclause 7.2 ofthe buyer's agreement executed between the parties, the possession of the subject apartment was to be delivered within a period of twelve months from the date ofsigning ofthis agreement to the allottees as per terms of this agreement.

9 /3-2020 dated 26.05.2020, on account of force majeure conditions due to outbreak of Covid-19 pandemic has allowed the grace Date ofcompletion certificate cR/7 497 /2022 11.07.2021, cR/?713/2022 71.01.2021. cR/1827 /20 11.07.2027 77.0t.2027 Page 14 of 18 S.no.

I Complaint no.

Due date of possession 1.

HARERA ffi GURUGRAIV Complaint No.

7497 of 2022 & others period of 6 months to the promoter. promoter.

24.

Section 19[10J of the Act obligates the allottee to take possession of the subject unit within 2 months from the date of receipt of completion certificate.

The respondent has offered the possession of the subject unit(s) to the respective complainants after obtaining completion certificate from competent authority.

Therefore, in the interest of natural justice, the complainants should. be given 2 months' time from the date of offer ofpossession.

This 2 months' of reasonable time is being given to the complainants keeping in mind that even after intimation of possession practically they have to arrange a lot oflogistics and requisite docunrents.

In the present complaint, the completion certificate was granted by the competent authority on 11.07.202-J..

The respondent has obtained completion certificate prior to the due date of handing over possessron as per the buyer's agreement.

Thus, no case for delayed possession charges is made out under sectiLt{t}hiillii[ddc*rdd wirh proviso to section 18(1) of the AcL A..o.affi@g6i9kihi. "ff".t. , u il:,."",:;5;r*ffi m',ffix*:H#J:,',-::J:ffi: project is "ot."*d}hr{+LlSjQru* oi;ected to comptete the said development work 25.

The authority observes that the Directorate of Town & Country Planning Haryana has already granted completion certificate dated 11.01.2021 subiect to certain conditions in respect of the said proiect certirying that the development work are complete.

The complainants are at liberty to approach the competent authority if any grievance subsists on account of Page 15 of 1B ffi HARERA ffi aIRTJGRAM Complaint No.

7 497 of 2022 & others thin the period mentioned r to withhold Registrotion any error in granting the completion certificate in respect of the said project.

E.lV Direct the respondent for registration of the said plot /unit with immediate effect 27. effect 27.

The complainants are seeking relief of execution of conveyance deed.

Clause 10 of the buyer's agreement provides for 'Conveyance of the said unit/plot' and is reproduced below: Clause 70.

CONVEYANCE OF THE "The Promoter on receipt Plot as per 7.1, shall execute a Conveyance Deed prefera months but not later than six monthsfrom possession the Plotfor which possession is granted to the Al Plot s uquipped with oll the specifrcati conditions and e agreed terms and under Rule 20)A of Rules,2017.

However, in ca osit the Stamp Duty and / or Registration in the notice, of the Con p Duty, Registration Chorges, other to the Promoter." The authority has go clause of the agreement and observes that the con subjected to all kinds of terms provisions, formalities, and dbqqlehtation as prescribed by the promoters.

A reference to the provisions of section 17 (1) of the Act is also must and it provides as under: "Section 77: - Transfer of title 17(1).The promoter shall execute a registered conveyance deed in favour ofthe alloftee along with the undivided proportionate title in the common oreqs to the association of the ollottees or the competent authority, as the case moy be, and hond over the physical possession of the plot, apartment ofbuilding, as the case may be, to the allottees qnd the common areas to Page 16 of18 and conditions ofthis agreement and the complainants not being in default Complaint No.

7497 of 2022 & others 29.

F.

HARERA ffiGURUGRAN4 the associatlon of the allottees or the competent authoriE, as the case may be, in o real estate project, and the other title documents pertaining theretowithin specified period as per sanctioned plans as provided under the locql laws: Provided that, in the absence of any local low, conveyance deed in favour of the allottee or the association of the o ottees or the competent outhority, as the cose may be, under this section shqll be carried out by the promoter within three months from date of issue of occuponcy certifrcot certifrcote.

The respondent is under an obligation as per section 17 of Act to get the conveyance deed executed in faygul of the complainants.

As delineated hereinabove, the completion certificate in respect of the said project was granted on 11,.07.2021by the competent authority.

Thus, the respondent is directed to execute the conveyance deed upon payment of outstanding dues and requisite stamp duty by the complainants as per norms of the state government as .per section 17 of the Act failing which the complainants may approach the.adjudicating officer for execution of order.

Directions of the authority 30.

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[f): i.

The respondent is directed to handover the possession ofthe allotted unit/plot to the complainants complete in all aspects as per specifications of buyer's agreement within one month from date of this order after payment ofoutstanding dues, ifany, as the completion certificate in respect of the project has already been obtained by jt from the competent authority.

Page 17 of 18 31.

This decision shall m this order.

33.

The complaints placed in the case Files be consigned Haryana Dated: 30.01.2024 * HARERA S-aJRuGRAr,/ ii.

The respondent is directed to execute the conveyance deed upon payment of outstanding dues and requisite stamp duty by the complainants as per norms ofthe state government as per section 17 ofthe Act with 3 months from the date of this order failing which the complainants may approach the adjudicating officer for execution of order. iii.

The respondent shall not charge anything from the complainants which is not the part of the buyer's agreement and the provisions of Deen Dayal lan Awas Yoj Complaint No.

7497 of 2022 & others cases mentioned in para 3 of ofthis order shall be \,t.1 - -. \,t.1 - -.,---) iiay Kffiar Goyal) Member Page 18 of 18 A/"^) (Sanieev Ku.par Arora) (Ashok SairiJwan) Memtier Wv (Arun Kumar) Chairman Member