The present complaint has been filed on
06.04.2022 and the reply on behalf of respondent was filed on 30.08.2022.
Succinct
facts of the case as per complaint and annexures are as under:
S. N.
Particulars
Details
1.
Name and location of the project
“The
Corridors” at sector 67A, Gurgaon, Haryana
2.
Nature of the project
Group Housing
Colony
3.
Project area
37.5125 acres
4.
DTCP license no.
05 of 2013
dated 21.02.2013 valid upto 20.02.2021
5.
Name of licensee
M/s Precision
Realtors Pvt. Ltd. and 5 others
6.
RERA Registered/ not registered
Registered
Registered in
3 phases
Vide 378 of
2017 dated 07.12.2017(Phase 1)
Vide 377 of
2017 dated 07.12.2017 (Phase 2)
Vide 379 of
2017 dated 07.12.2017 (Phase 3)
Validity Status
30.06.2020
(for phase 1 and 2)
31.12.2023
(for phase 3)
7.
Unit no.
804,8th
Floor, C-11 Tower
(page no. 51
of complaint)
8.
Unit area
admeasuring
1295.78 sq.
ft.
(page no. 51
of complaint)
9.
Date of
approval of building plan
23.07.2013
(annexure R5
on page no. 56 of reply)
10.
Date of
allotment
12.08.2013
(annexure R-2
on page no. 50 of reply)
11.
Date of
environment clearance
12.12.2013
(annexure R-6
on page no. 64 of reply)
12.
Date of buyer’s agreement
10.07.2014
(page no. 48 of complaint)
13.
Date of fire scheme approval
27.11.2014
(annexure R-8 on page no. 76 of reply)
14.
Due date of possession
23.01.2017
(calculated from the date of approval of building plans)
Note: Grace Period is not allowed.
15.
Termination notice
03.10.2018
(page no. 107 of complaint)
16.
Possession clause
13.
Possession and Holding Charges
Subject
to force majeure, as defined herein and further subject to the Allottee
having complied with all its obligations under the terms and conditions of
this Agreement and not having default under any provisions of this Agreement
but not limited to the timely payment of all dues and charges including the
total sale consideration, registration chares, stamp duty and other charges
and also subject to the allottee having complied with all the formalities or
documentation as prescribed by the company, the company proposes to offer the
possession of the said apartment to the allottee within a period of 42
months from the date of approval of building plans and/or fulfillment of the
preconditions imposed thereunder(Commitment Period). The Allottee further
agrees and understands that the company shall additionally be entitled to a
period of 180 days (Grace Period), after the expiry of the said commitment
period to allow for unforeseen delays beyond the reasonable control of the
Company.
(Emphasis
supplied)
17.
Total sale consideration
Rs. 1,36,32,699/-
[as per payment plan on page no. 43 of
complaint]
Rs. 1,48,72,213/-
[as per statement of account on page no. 169 of complaint]
18.
Amount paid by the complainants
Rs. 1,34,30,236/-
[as per statement of account on page no. 169 of complaint]
19.
Occupation certificate
27.01.2022
(annexure R-11 on page no. 81 of reply)
20.
Offer of
possession
16.02.2022
(annexure R-12 on page no. 84 of reply)
The
complainant has sought following relief:
1.
Refund the entire amount of Rs. 1,34,20,791/- paid by the complainant to
the respondent since 25.03.2013.
2.
Interest at the rate of MCLR +2% from the date of each payment till the
date of refund.
The complainant has booked the residential apartment
in the project named as ‘The Corridors’ situated at sector 67 A for a total
sale consideration of Rs. 1,36,32,699/- out of which it has made payment of Rs.
1,34,30,236/-. The complainant was
allotted the above-mentioned unit vide allotment letter dated 12.08.2013. The
apartment buyer agreement was executed between the parties on 10.07.2014.
As per possession clause 13 of the builder buyer
agreement the possession of the unit was to be handed over within 42 months
from the date of approval of building plans or fulfillment of preconditions
imposed thereunder. The due date for handing over of possession comes out to be
23.01.2017 calculated from the date of approval of building plans.
The complainant on 03.10.2018 sent
an email to respondent and stated that “I would like to exit the investment.
Kindly confirm the total amount payable back to me along with interest on the
same and timeline by when you can issue the refund.” Further the
complainant sent various emails on 22.11.2018, 04.02.2019, 25.04.2021,
09.05.2021, 20.06.2021, 08.10.2021, 26.07.2021 seeking refund of his paid-up
amount.
The counsel for the complainant has
placed on record a copy of the order passed by the authority in CR No.3876 of
2021 wherein full refund has been allowed with interest and requests for a
similar relief for the above complaint
as well since after the due date, the complainant-allottee has been
requesting for refund vide various e-mails
since 3.10.2018 followed by several reminders.
However, the
counsel for the respondent states that the above complaint in CR No.3876 of
2021 was filed before obtaining occupation certificate of the above project
which has been received on 27.1.2022 while the instant complaint has been
filed on 6.4.2022 after receipt of occupation certificate The counsel for the respondent draws attention
of the authority towards orders passed by DTCP as issued vide Memo No.17537
dated 7.10.2020 (annexure R-13) where it has been held that the delay is due to
various litigations and hence requests that the complainant be directed to take
the possession which has already been offered
after obtaining occupation certificate.
However, the counsel for the complainant starts that the Hon’ble Supreme
Court in case of above respondent and in the same project, has already held the
right of the complainant to seek refund with interest and he is seeking the
same relief. ( As per Para 31 of the orders).
Arguments heard.
Order reserved.
Matter to come up
on 18.5.2023 for pronouncement of orders.