VANDANA SETHI vs PAREENA INFRASTRUCTURES PVT. LTD.

The present complaint has been received on 08.10.2021 and the reply on behalf of respondent was received on 17.11.2021. The complainant filed CRA on 31.05.2022. Succinct facts of the case as per complaint and annexures are as under: S.N. Particulars Details 1. Name and location of the project “Coban Residences”, sector-99ª, Gurgaon 2. Nature of the project Group Housing Project 3. Project area 10.5875 acres 4. DTCP license no.      10 of 2013 dated 12.03.2013 valid up to 11.06.2024 5. Name of licensee Monex Infrastructure Pvt. Ltd. 6. RERA Registered/ not registered Registered Vide no. 35 of 2020 issued on 16.10.2020 valid up to 11.03.2022 + 6 months = 11.09.2024 7. Unit no. 302, 3rd Floor, Tower. T-3  [Page 34 of complaint] 8. Unit admeasuring area 1997 sq. ft. of super area [Page 34 of complaint] 9. Allotment letter 20.11.2013 [Page 30 of complaint] 10. Date of builder buyer agreement 06.04.2014 [Page 32 of complaint] 11. Possession clause 3.1 That the developer shall, under normal conditions, subject to force majeure, complete construction of Tower/Building in which the said flat is to be located with 4 years of the start of construction or execution of this Agreement whichever is later, as per the said plans…… Emphasis supplied…. 12. Date of start of construction 16.10.2014 [as per demand letter dated 05.01.2021 page 72 of complaint] 13. Due date of possession 16.10.2018 [Calculated from start of construction i.e. 16.10.2014] 14. Total sale consideration   Rs. 1,22,45,618/- [as per schedule pf payment page 49 of complaint] 15. Total amount paid by the complainant Rs. 62,14,028/- [as per demand letter dated 05.01.2021 page 72 of complaint] 16. Occupation certificate Obtained on 13.12.2022 only 17. Offer of Possession Not offered   The counsel for the complainant states that the OC has been received by the respondent only on 13.12.2022 i.e. after filing of the complaint as well as filing of the reply while due date of handing over of possession was 16.10.2018. The complainant allottee is not interested in continuing in project and is seeking refund after 3 years from the due date is over as allottee cannot be expected to wait endlessly and seeking the statutory right under section 18 (1) of the Act of refund alongwith interest at the prescribed rate.  Arguments heard. Refund is allowed alongwith interest at the prescribed rate. Matter stands disposed off.  Detailed order will follow. File be consigned to the registry.

File taken up today as 9.11.2022 was declared as public holiday by the Haryana Govt. vide notification No.28012006-1HRI dated 3rd November2022 in all offices of the Haryana Govt. in the jurisdiction of the areas namely Ambala Charkhi Dadri Gurugram Karnal Kurukshetra Rewari Rohtak Sirsa and Sonepat in connection with poll for Members of Zila Parishads and Panchayat Samities. In view of above facts the matter is adjourned to 9.2.2023 for the purpose already fixed.

Vide resolution No.461 dated 27.07.2022, the District Bar Association Gurugram has unanimously resolved that work will remain suspended in District Court Gurugram today as a mark of solidarity with Bar Associations of Panipat and Palwal against callous attitude of police against the advocates.                   In view of above, the matter is adjourned to 09.11.2022 for the purpose as already fixed.