PRANAV ATRE vs SHREE VARDHMAN INFRAHEIGHTS PVT. LTD

Order pronounced. The delayed possession charges are allowed at the prescribed rate of interest i.e. 10.70% per annum from the due date of possession till the handing over of possession after obtaining of occupation certificate plus two months.  Further, the respondent is directed to hand over the physical possession of the unit to the complainant within 2 months after obtaining valid  OC. Detailed order will follow. Matter stands disposed off.  File be consigned to the registry.

The present complaint has been received on 20.01.2022 and the reply was received on 18.10.2022. Succinct facts of the case are as under: - S. No. Heads Information 1. Name and location of the project            “Shree Vardhman Victoria”, village Badshapur, Sector-70, Gurugram 2. Project area 10.9687 acres 3. Nature of the project Group housing colony 4. DTCP license no. and validity status 103 of 2010 dated 30.11.2010 valid upto 29.11.2020 5. Name of the Licensee Santur Infrastructures Pvt. Ltd. 6. RERA registered/ not registered and validity status Registered Registered vide no. 70 of 2017 dated 18.08.2017 Valid upto 31.12.2020 7. Unit no. 1402, Tower - D (Annexure- A on page no. 18 of the reply) 8. Unit admeasuring 1950 sq. ft. (Annexure- A on page no. 18 of the reply) 9. Date of flat buyer’s agreement   30.07.2014 (Annexure- A on page no. 15 of the reply) 11. Payment plan   Construction linked payment plan  (Annexure- A on page no. 34 of the reply) 12. Total consideration   Rs. 1,03,15,500/- (Annexure- A on page no. 19 of the reply) Rs. 1,18,60,500/- (Annexure- B on page no. 44 of the reply) 13. Total amount paid by the                         complainants   Rs. 1,02,97,105/- (Annexure- B on page no. 44 of the reply and as per page 11 of complaint) 14. Date of commencement of construction   07.05.2014 (As stated by respondent on page 6 of reply) 15. Possession clause 14(a) The construction of the flat  is likely to be completed within a period of 40 months of commencement of construction of the particular tower/ block in which the subject flat is located with a grace period of 6 months, on receipt of sanction of the building plans/ revised plans and all other approvals subject to force majeure including any restrains/ restrictions from any authorities, non-availability of building materials or dispute with construction agency/ workforce and circumstances beyond the control of company and subject to timely payments by the buyer(s) in the said complex. (Emphasis supplied) 16. Due date of delivery of possession 07.03.2018 (Calculated from the date of commencement of construction) 17. Occupation certificate Not obtained 18. Offer of possession Not offered 19. Grace period utilization Grace period is allowed in the present complaint.   The counsel for the complainant states that the complainant booked a unit on 25.12.2012 and BBA was executed on 30.07.2013s and due date was 07.09.2017 without considering grace period but OC has not been received till date and the complainant has paid a sum of Rs. 1,02,97,105/- against a total sale  consideration of Rs.1,18,60,500/-. Arguments heard. Counsels for both the parties are advised to file written submissions with a copy to each other, if they wish to do so, within a period of 15 days.     Order reserved. Matter to come up  on 21.04.2023 for pronouncement of order.

The present complaint was filed on 20.01.2022 and registered as complaint no. 193 of 2022. On the last date of hearing, Sh. Gaurav Rawat counsel of the respondent appeared and stated that copy of complaint has already been sent to the complainant through mail who acknowledged its receipt, but the hard copy was not received, and he was directed to file the reply in the registry by 25.07.2022 along with a cost of Rs. 5,000/- to be paid to the complainant. However, no written reply has been filed by the respondent.  The counsel for the respondent states that copy of reply has been supplied to the counsel of complainant who acknowledges its receipt and cost of Rs.5,000/- has been paid during proceedings. The counsel for respondent is directed to file the reply within next three days in the registry. Last opportunity is being granted. In case the reply is not filed within the time allowed, the defence of the respondent may struck off. Matter to come up on 15.02.2023  for further proceedings.