VINOD DALAL vs SEPSET PROPERTIES PVT.LTD.

Order pronounced. Refund is allowed after deducting 10% of the basic sale consideration alongwith prescribed rate of interest i.e. 10.70% per annum. Detailed order will follow. Matter stands disposed off.  File be consigned to the registry.

The counsel for the complainant is seeking refund of the amount deposited with interest on grounds of conditional offer of possession and  significant alterations in the building plans of the project.  The due date for offer of possession was 02.10.2016 and the possession was offered on 24.01.2019  after obtaining occupation certificate dated 15.01.2019.   He further states that the OC was issued even when the building was not ready for habitation. The attention of the authority is invited  to the report of LC dated 27.07.2021 of another flat of the same tower. The counsel for the respondent states that the concerned tower in which the unit of the complainant is situated was duly complete and was fit for habitation when the possession was offered.   Written arguments have been submitted by both the parties. Order reserved. Matter to come up on 12.04.2023  for pronouncement of order.

The present complaint has been received on 02.04.2019 and the reply on behalf of respondent was received on 26.10.2020 Succinct facts of the case as per complaint and annexures are as under: S.N. Particulars Details 1. Name of the project Paras Dew’, sector-106, Gurugram 2. Nature of project Residential group housing project 3. RERA registered/not registered  Registered 118 of 2017 dated 28.08.2017 4. DTPC License no. 61 of 2012 dated 13.06.2012 Validity status 12.06.2020 Name of licensee Sepset Properties Licensed area 13.76 Acre 7. Unit no. 602, 6th  floor, Tower-C [As per page no. 31 of complaint] 8. Unit measuring   1760 sq. ft. [As per page no. 31 of complaint] 9. Date of execution of Flat buyer’s agreement 02.04.2013 (page no. 28 of complaint) 10 Allotment Letter 10.01.2013 (page no. 25 of complaint) 11. Possession clause 3. Possession  3.1 Subject to Clause 10 herein or any other circumstances not anticipated and beyond the reasonable control of the Seller and any restraints restrictions from any courts/ authorities and subject to the Purchaser(s) having complied with all the terms and conditions of this Agreement and not being in default under any of the provisions of this Agreement and having complied with all provisions. formalities, documentation, etc. as prescribed by the Seller, whether under this Agreement or otherwise, from time to time, the Seller proposes to hand over the possession of the Apartment to the Purchaser(s) within a period of 42 (Forty Two) months with an additional grace period of 6 (six) Months from the date of execution of this Agreement of date of obtaining all licenses or approvals The commencement of construction, whichever is later, subject to Force Majeure. The Purchaser(s) agrees and understands that the Seller shall be entitled to a grace period of 90 (ninety) business days, after the expiry of grace period, for offer to hand over the possession of the Apartment to the Purchaser. Any application for the occupation certificate in respect of the Project shall be filed in the due course. The Seller shall give Notice of Offer of Possession in writing to the Purchaser(s) with regard to the handing over of possession, where after, within 30 (thirty) days, the Purchaser(s) shall clear his outstanding dues and complete documentary formalities and take physical possession of the Apartment. In case, the Purchaser(s) raises any issue with respect to any demand, the same would not entitle the Purchaser(s) for an extension of the time for taking over possession of the Apartment In the event the Purchaser(s) fails to make all payments and accept and take the possession of the Apartment within 30 (thirty) days of the Notice of Offer of Possession, the Purchaser(s) shall be deemed to be custodian of the Apartment from such due date indicated in the Notice of Offer of Possession and the Apartment shall be held by the Seller solely at the risks and costs of the Purchaser(s), including but not limited to applicability of the appropriate Holding Charges as defined in Clause 3.3 below and interest. The obligation of the Seller to offer possession to the Purchaser under this Clause shall be subject to Force Majeure. 12. Due date of possession 02.10.2016 (calculated from the date of execution of BBA) (Grace period is not allowed) 13. Total sale consideration Rs. 1,18,87,200/- [As per CAO form] 14. Total amount paid by the complainant Rs.1,13,24,683/-                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         (As per CAO form) 15. Occupation certificate dated 15.01.2019 16. Offer of possession 24.01.2019 The counsel for the complainant has filed written arguments on 22.09.2022 but the copy of the same  is not  received by the respondent. The counsel for the complainant assures to forward a soft copy of written arguments within three days. The counsel for the respondent also requests for filing of written submissions who is directed to file the same within a period of 15 days with an advance copy to the complainant. Matter to come up on 31.01.2023  for further proceedings.