ASHISH JAIN vs MAXWORTH INFRASTRUCTURE PVT. LTD.

The present complaint has been received on 17.02.2020 and the reply was received on 01.09.2022 Succinct facts of the case as per complaint and reply are as under: S. No. Heads Details 1. Name of the project “City Residencies”, Sector 10A, Gurugram 2 Nature of the project Residential 3 Allotment Letter 12.10.2017 (Page 23 of complaint) 4 Unit no. 602, 6th floor, Block A (Page 27 of complaint) 5 Unit area admeasuring 1600 sq. ft. (Page 27 of complaint) 6. Date of execution of Apartment Buyer’s Agreement 13.10.2017 (Page 25 of complaint) 7 Possession clause 14. Developer will based on its present plans and estimates and subject to all just exceptions, contemplates to give / offer possession of Unit to Buyer(s) within 36/3 months/years from the date commencement of construction of that particular tower where Buyer(s) unit is located (with a grace period of 6months), subject to force majeure events or governmental action/inaction or due to failure of Buyer(s) to pay in time the price of the said Unit along with other charges and dues in accordance with the schedule of payments or any other activity of Buyer(s) deterrent to the progress of the Project. However the Buyer(s) is entitled to Rs. 5/- per Sq. ft. per month for the delay in offering possession beyond the said period. That the Buyer(s) shall take possession of the Unit within 30 days from the date of issuance of final notice of possession failing which the Buyer(s) shall be deemed to have taken possession of the Unit on 30 day of such notice. In such case the developer shall not be responsible for any encroachment in the Unit occasioned due to failure of the Buyer(s) to take possession within the stipulated time. Besides, holding charges @Rs.5/- per sq. ft. per month and the maintenance charges, as determined by the Developer / Maintenance Agency, shall also be payable by the Buyer(s). However, the Buyer(s) shall be responsible and liable for all civil and liabilities, which may accrue qua such Unit. 8 Date of start of construction 15.12.2014 (Annexure P4 at page 44 of complaint as decided in proceedings dated 25.08.2022) 9 Due date of possession 15.06.2018 (As decided by Authority in proceedings dated 25.08.2022) 10 Total sale consideration Rs. 78,00,000/- (As per BBA on page 29 of complaint) 11 Amount paid by the complainant Rs. 40,00,000/-   (As per receipts annexed at P-5) Amount paid by bank: Rs. 54,00,000/- (SOA at annexure P-7) 12 Occupation certificate /Completion certificate Not annexed 13 Offer of possession Not offered   1.     Direct the respondent to pay delayed possession charges and handover possession of the unit.              Considering the above-mentioned facts, the authority calculated due date of possession as per clause 14 of the BBA which stipulates that the possession to give / offer possession of Unit to Buyer(s) within 36/3 months/years from the date commencement of construction of that tower where Buyer(s) unit is located. As such the due date of possession comes out to be 15.06.2018. Therefore, the authority allows DPC w.e.f. due date of delivery of  possession i.e. 15.06.2018 till the date of offer of  possession.             The matter stands disposed of. Detailed order will follow. File be consigned to registry.

The counsel for the complainant has moved an application for amendment in the relief being sought from refund to delayed possession charges and reply of the respondent on said application has also been received.  Arguments heard. The application for amendment of relief is allowed. The counsel for the respondent requests for filing of written submissions  which may be filed within 10 days after supplying a copy to the counsel of the complainant. Order reserved. Matter to come up on 15.02.2023 for pronouncement of order.

The present complaint was received on 17.02.2020 and reply on behalf of respondent was filed on 01.09.2022. File has been received on transfer from Adjudicating Officer in view of the judgment dated 11.11.2021 passed by the Apex Court in the case bearing no. (SLP(Civil) No(s). 3711­3715 OF 2021) titled as M/s Newtech Promoters and Developers Pvt Ltd Versus State of U.P. and Ors., and wherein it was held that as matters regarding refund and interest under section 18(1) are to be decided by the authority and matters regarding adjudging compensation to be decided by the Adjudicating officer. The counsel for the complainant has made an application on 06.12.2022  for amendment in the relief  as the complainant now wishes to continue in the project and is seeking delay possession charges at the prescribed rate of interest.  The proxy counsel for the respondent  states that the application for amendment in the relief has been received a day before only and hence,   request for filing reply to the application which may be filed in next two weeks time after supplying a copy to the counsel of the complainant. Matter to come up on 05.01.2023 for further proceedings.