SUSHIL KUMAR AGRAWAL AND POMILLA AGARWAL vs IMPERIA STRUCTURES LTD.

Order pronounced. The respondent/promoter is directed to refund the entire amount i.e., Rs.62,64,563/- received by it from the complainants alongwith interest at the rate of 10.75% p.a. as prescribed under rule 15 of the Haryana Real Estate (Regulation and Development) Rules, 2017 from the date of each payment till the actual date of refund of the deposited amount. Detailed order will follow.   Matter stands disposed off. File be consigned to the registry.

The present complaint has been received on 27.04.2022 and the reply on behalf of respondent has been received on 15.03.2023. Succinct facts of the case as per complaint and annexures are as under: S. N. Particulars Details 1. Name and location of the project “The Esfera” Phase II at sector 37-C, Gurgaon, Haryana 2. Nature of the project Group Housing Complex 3. Project area 17 acres 4. DTCP license no.                    64 of 2011 dated 06.07.2011 valid upto 15.07.2017 5. Name of licensee M/s Phonix Datatech Services Pvt Ltd and 4 others 6. RERA Registered/ not registered Registered vide no. 352 of 2017 issued on 17.11.2017 up to 31.12.2020 7. Apartment no. 1704, 17th Floor, Block D (page no. 28 of complaint) 8. Unit area admeasuring 1435 sq. ft. (page no. 28 of complaint) 10. Date of builder buyer agreement 12.09.2012 (Page no. 18 of complaint) 11. Possession clause   10.1. SCHEDULE FOR POSSESSION “The developer based on its present plans and estimates and subject to all just exceptions, contemplates to complete the construction of the said building/said apartment within a period of three and half years from the date of execution of this agreement unless there shall be delay or there shall be failure due to reasons mentioned in clause 11.1, 11.2, 11.3, and clause 41 or due to failure of allottee(s) to pay in time the price of the said unit along with other charges and dues in accordance with the schedule of payments given in annexure C or as per the demands raised by the developer from time to time or any failure on the part of the allottee to abide by all or any of the terms or conditions of this agreement.” (emphasis supplied) 12. Due date of possession 12.03.2016 [calculated as per possession clause] 14. Total sale consideration Rs. 67,44,202/- [as per the statement of account on page no. 13 of reply] 15. Amount paid by the complainant Rs. 62,61,038/- [as per the statement of account on page no. 13 of reply] 16. Offer for fit out 07.09.2021 (Page no. 88 of complaint) 17. Occupation certificate Not received 18.  Offer of possession Not offered   The complainant is seeking refund on account of failure of the promoter to hand over possession of the apartment in terms of the BBA dated 12.09.2012. The pleadings of the respondent are on record. In view of the above,  the case is reserved for orders on 11.10.2023. Meanwhile, in case the respondent wishes to submit written arguments,  it may do so within a period of 10 days with an advance copy to the counsel for the complainant.

The present complaint has been filed on 27.04.2022 and the reply has not been received till now. On the last date of hearing respondent appeared and was directed to file reply within 2 weeks. However, till date no reply has been filed in the authority.            The counsel for the respondent requests for a short adjournment for filing of the reply. Respondent is further directed to file reply within two weeks i.e., by 29.03.2023 in the registry with a copy to the complainant along with a cost of Rs. 5,000/- to be paid to the complainant. Last opportunity is being granted. In case reply is not filed within the time allowed, the defense of the respondent may struck off.           Matter to come up on 09.08.2023 for further proceedings.