SURINDER PAL SINGH MARWAH vs PIVOTAL INFRASTRUCTURE PVT LTD

The present complaint has been filed on 06.07.2022 and the reply has been filed by the respondent on 06.09.2022.               Succinct facts of the case as per pleadings and annexures are as under:   S. N. Particulars Details 1. Name and location of the project “Paradise” at sector 62, village Ullahawas, Gurgaon, Haryana 2. Nature of the project Affordable Group housing 3. Project area Approx.… 5acres 4. RERA Registered/ not registered Registered vide no. 178 of 2017 dated 01.09.2017 valid upto 29.05.2021 5. Unit no. T4-1103, 11th floor, tower no. T4 (Annexure P2, page no. 26 of complaint) 6. Unit area admeasuring 636 sq. ft. (Carpet area) (Annexure P2, page no. 26 of complaint) 7. Date of allotment 30.11.2016 (Annexure P2, page no. 26 of complaint) 8. Date of builder buyer agreement 19.06.2019 (Page no. 34 of complaint) 9. Date of building plan approval 25.07.2016 (page 17 of reply) 10. Environmental clearance dated 28.07.2017 (page 21 of reply) 11. Due date of possession 28.07.2021 [Due date of possession calculated from the date of environmental clearance dated 28.07.2017] 12. Total sale consideration Rs. 27,51,960/- (demand letter dated 16.08.2022 on page 112 in reply) 13.  Amount paid by the complainant Rs. 27,43,336/- (demand letter dated 16.08.2022 on page 112 in reply) 14. Demand letter issued by the respondent 16.08.2022 (page 111 of reply) 15. Occupation certificate N/A 16. Offer of possession Not offered The complainant present in person states that  there is a difference in statement of account which needs to be reconcile. The counsel for the respondent is directed to supply the updated account statement for reconciliation purpose.  Complainant had booked a unit in August 2016 and due date was 28.07.2021. Undoubtedly,  there is a delay of around 19 months. No OC has been applied. The counsel for the respondent states that due date in this case comes to 28.01.2022 after considering six months grace period on account of Covid.   Arguments heard. Order pronounced. Delayed possession  charges are allowed alongwith prescribed rate of interest i.e. 10.60% per annum. Detailed order will follow.  Matter stands disposed off. File be consigned to the registry.

The present complaint has been filed on 06.07.2022 and the reply has been filed by the respondent on 06.09.2022.               Succinct facts of the case as per pleadings and annexures are as under:   S. N. Particulars Details 1. Name and location of the project “Paradise” at sector 62, village Ullahawas, Gurgaon, Haryana 2. Nature of the project Affordable Group housing 3. Project area Approx.… 5acres 4. RERA Registered/ not registered Registered vide no. 178 of 2017 dated 01.09.2017 valid upto 29.05.2021 5. Unit no. T4-1103, 11th floor, tower no. T4 (Annexure P2, page no. 26 of complaint) 6. Unit area admeasuring 636 sq. ft. (Carpet area) (Annexure P2, page no. 26 of complaint) 7. Date of allotment 30.11.2016 (Annexure P2, page no. 26 of complaint) 8. Date of builder buyer agreement 19.06.2019 (Page no. 34 of complaint) 9. Date of building plan approval 25.07.2016 (page 17 of reply) 10. Environmental clearance dated 28.07.2017 (page 21 of reply) 11. Due date of possession 28.07.2021 [Due date of possession calculated from the date of environmental clearance dated 28.07.2017] 12. Total sale consideration Rs. 27,51,960/- (demand letter dated 16.08.2022 on page 112 in reply) 13.  Amount paid by the complainant Rs. 27,43,336/- (demand letter dated 16.08.2022 on page 112 in reply) 14. Demand letter issued by the respondent 16.08.2022 (page 111 of reply) 15. Occupation certificate N/A 16. Offer of possession Not offered The counsel for the respondent requests for a short adjournment as the main counsel is out of station due to some marriage ceremony in the family and is not available for addressing the arguments. Request is allowed. The counsel for the complainant requests that inspite of having paid the full consideration amount and the due date of handing over of possession having lapsed on 28.07.2021  but no updated status of the construction and handing over of possession is being intimated to the complainant, the respondent may be directed to provide the specific date and schedule of completion of building and having over of possession.  The respondent is directed to provide the complete status of construction at site and likely date of handing over of possession after obtaining OC from the competent authority. The Planning branch of the authority is also directed to check the status of filing of QPR and annual audited statement by the respondent alongwith validity of registration and in case of any deficiency or violation the necessary penal action should be initiated immediately against the respondent. Matter to come up on 15.02.2023  for further proceedings.

The present complaint was filed on 06.07.2022 and registered as complaint no. 4804 of 2022. As per the records available, complainant has sent a copy of complaint through speed post as well as through email and proof regarding having the delivery of the complaint made to the respondent was submitted by the complainant as available in the file. The registry of the authority sent a notice along with a copy of the complaint to the respondent through speed post of which delivery confirmed on 12.07.2022 as per the tracking report of the speed post available in the file. Registry has also sent the notice along with a copy of the complaint through email at the following email addresses  [email protected], [email protected] and the same is shown to has been delivered on the above email address as per the report available in the file. It is proper service of the notice. Written reply not filed by the respondent till date.  The counsel for the respondent has supplied a copy of the reply to the counsel of the complainant during proceedings and requests for a short adjournment for filing of reply in the registry of the authority.  Respondent is directed to file reply within two weeks i.e., by 20.09.2022 in the registry of the authority. Last opportunity is being granted. In case reply is not filed within the time allowed, the defense of the respondent may struck off. The matter to come up on 06.12.2022  for further proceedings.