CHANDER MOHAN KAPILA vs SANA REALTORS PRIVATE LIMITED

The  present complaint has been received on 09.11.2020 and the reply on behalf of respondent was received on 22.01.2021. Succinct facts of the case as per complaint and annexures are as under: S. No. Heads Details 1.        Project name and location Precision Soho Tower, Setor-67, Sohna Road, Gurgaon 2.        Project area 2.46 Acre 3.        Nature of project Commercial 4.        RERA registered/not registered Not registered 5.        DTPC license no. & validity status 72 of 2009 dated 26.11.2009 Valid/renewed up to- 25.11.2019 Licensee- SH HARI SINGH 6.        Provisional allotment letter dated - 7.        Date of execution of buyer agreement 16.06.2010 [Page 40 of complaint] 8.        Due date of delivery of possession as per clause 15 of the said agreement i.e., 3 years from the date of this agreement    [Page 40 of complaint]  16.06.2013   9.        Occupation certificate 18.07.2017 10.   Offer of possession Not on record  11.   Unit no. as per the buyer’s agreement 25, ground 12.   Unit measuring 404 sq. ft. [Page 42 of reply] 13.   Total consideration Rs. 28,42,740/- (as per page no. 42 of complaint)   14.   Total amount paid by the                         complainant Rs. 26,10,470/-   15.   Remarks, if any ---   1.     Direct the Respondent to give immediate possession of the unit of the above mentioned to Complainant along with prescribed interest per month from the date promised for delivery of possession till the actual possession is handed over to the Complainant of the unit in a habitable condition and/or alternatively. 2.     Direct the Respondent to provide with all the amenities and facilities as mentioned in its Brochure/advertisements and cure structural defects within 30 days from the final adjudication of the pre- sent complaint. 3.     To restrain the Respondent from raising any demand of maintenance before the actual delivery of possession and before the completion of one month after the actual delivery of possession of the unit. The counsel for the respondent requests for an adjournment as the respondent wishes to settle the matter amicably with the complainant  but the complainant states that during last proceedings also an assurance of amicable settlement was given but no efforts has been made by the respondent to amicably settle the matter and hence, requests for early order as the complainant has been waiting for the unit for more than last 10 years while OC of the unit has been received in 2019 and unit is ready for handing over. The complainant is requesting for grant of DPC and direction for handing over the possession as per statutory rights under section 18 (1) of the Act,  2016 at the prescribed rate of interest i.e., 10.70% p.a. for every month of delay on the amount paid by the complainant to the respondent. Accordingly the delayed possession charges are allowed at the prescribed rate of interest i.e., 10.70% p.a. for every month of delay on the amount paid by the complainant to the respondent. Respondent shall handover the possession to the complainant within one month. 4.     To restrain the Respondent from raising any demand of final payment with interest and holding charges from the Complainant presently and in future. The respondents shall not charge anything from the complainant which is not the part of the agreement. However, holding charges shall also not be charged by the promoter at any point of time even after being part of agreement as per law settled by the Hon’ble Supreme Court in civil appeal no. 3864-3889/2020 dated 14.12.2020. Matter stands disposed off.  Detailed order will follow. File be consigned to the registry.

The present complaint has been received on 09.11.2020 and the reply on behalf of respondent was received on 22.01.2021. Succinct facts of the case as per complaint and annexures are as under: S. No. Heads Details 1.        Project name and location Precision Soho Tower, Setor-67, Sohna Road, Gurgaon 2.        Project area 2.46 Acre 3.        Nature of project Commercial 4.        RERA registered/not registered Not registered 5.        DTPC license no. & validity status 72 of 2009 dated 26.11.2009 Valid/renewed up to- 25.11.2019 Licensee- SH HARI SINGH 6.        Provisional allotment letter dated - 7.        Date of execution of buyer agreement 16.06.2010 [Page 35 of complaint] 8.        Due date of delivery of possession as per clause 15 of the said agreement i.e., 3 years from the date of this agreement    [Page 40 of complaint]  16.06.2013   9.        Occupation certificate 18.07.2017 10.   Offer of possession Not on record  11.   Unit no. as per the buyer’s agreement 25, ground 12.   Unit measuring 404 sq. ft. [Page 42 of reply] 13.   Total consideration Rs. 28,42,740/-   14.   Total amount paid by the                         complainant Rs. 26,10,470/-  as per page 35 of the rejoinder attaching certificate of the respondent   15.   Remarks, if any     The counsel for the complainant submits a copy of the order passed by Hon’ble State Consumer Commission on 27.02.2023 withdrawing the complaint pending before the Commission to pursue the matter before RERA.    The counsel for the complainant requests for grant of DPC as well as handing over of possession as there has been inordinate delay  in handing over of possession on the part of the respondent despite having paid more than 90% of the consideration amount.   The counsel for the respondent requests for a short adjournment as there are fair chances of amicable settlement with the complainant including handing over of possession within next 2 weeks and also requests for filing of written submissions. The counsel for the respondent states that offer of possession after obtaining OC has already been made on 17.10.2019. Arguments heard.   Both the counsels request for filing of written submissions which may be filed after supplying a copy to each other within 10 days.   Matter to come up on 18.05.2023  for final arguments and order, if matter is not amicably settled including  handing over of possession to the complainant allottee by that time

The counsel for the complainant seeks a short adjournment for withdrawing the complaint in the State Commission which was filed on the same grounds. Matter to come up on 27.04.2023 for further proceedings.