KAPIL DEO THAKUR vs PERFECT BUILDWELL PRIVATE LIMITED

CORAM: Shri Sanieev Kumar Arora Complaint No.

6993 of 2022 and others Member ffi HARERA S- ounuonnu BEFORE THE HARYANA REAL ESTATE REGULATORY AUTHORITY' GURUGRAM Date of decision: 03.t1.2023 Perfect Buildwell Private Limited zara Aavaas Appearance Mr.

Vijay PartaP Singh ORDER 1.

This order shall dispose of the 4 complaints titled above filed before this authority under section 31 ofthe Real Estate [Regulation and Development) Acr, 2Ot6 (hereinafter referred as "the Acf'J read with rule 28 of the Haryana Real Estate [Regulation and Development) Rules' 2017 (hereinafter referred as "the rules") for violation of section ll(4)(a] of the Act wherein it is inter alia prescribed that the promoter shall be responsible for all its obligations, responsibilities and functions to the allottees as per the agreement for sale executed inter se berween parties' NAME OF THE BUILDER Case title Case No.

Shyam Sharma V/s Perfect Buildwell Private Limited cR/6993 12022 GaBan N4akin V/s PerFect Buildwell Private Limited Ankush Sunami V/s Perfect Buildwell Private Limited cR/699812022 Kapil Deo Thakur V/s Perfec Buildwell Private Limited cRl6e97 12022 Page 1of19 PROJECT NAME S.

No.

Mr.

Vijay PartaP Singh HARERA #,GURUGRAM 2.

3.

The core issues emanating from them are similar in nature and the complainant[s) in the above referred matters are allottees of the project, namely, Zara Aavaas situated at Sector-104, Dwarka Expressway Gurugram being developed by the same respondent/promoter i.e., Perfect Buildwell Private Limited.

The terms and conditions of the buyer's agreements fulcrum ofthe issue involved in all these cases pertains to failure on the part ofthe promoter seeking delayed possession charges ofthe allotted units.

The details of the complaints, reply status, unit no. , unit no., date of agreement, possession clause, due date ofpossession, total sale consideration, total paid amount, and relief sought are givin in the table below: "zara Aavaas" at sector 104 Dwarka Expressway, Gurgaon, Haryana.

Complaint No.

6993 of 2022 and others 5 acres 12 of 20L4 d.ated 10.0 6.2 0 1 4 va li d u pto 09 .12.2019 M/S Perfect Buildwell Pvt.

Ltd.

Proiect area DTCP License No.

Name of Licensee Registered (1.52 of 201.7 Dated 28.08.2017J Possession Clquse: Time ofHanding Over Possession 3(1) Unless a longer period is permitted by the DGTCP or in the policy ond subject to the force majeure circumstances as stated in clause 16 hereof, intervention of statutory authorities, receipt of occupation certificate and timely compliance by the Apartment Buyer(s) of all his/her/their obligations, formalities and documentation as prescribed by the Developer from time to time and not being in default under any part of this Agreement including but not limited to timely payment of Instqllments of the total cost and other charges as per the payment plan, stamp du\/ and registration charges, the Developer proposes to offer possession ol the Said Apartment to the Apartment Buyer(s) within 4(four) years from the date of approval of building plans or gront of environment clearance, whichever is later.

Project Name and Location RERA Registration Page 2 ol 19 Occupation Certificatet 0 4.12.20 1,9 HARERA ffi, GURUGRAM Tower 1, 3 17 & 18 : Stilt/ Ground Floor to 14th Floor Tower 2: Stilt/ Ground Floor to 14th Floor Tower 4to 16r Ground Floor to 3.d Floor Tower 19: Stilt/ Ground Floor to 11th Floor Commercial 1: 0nly on Ground Commercial 2: Ground Floor to 2d Floor Offer of Possessiont 07.08.2020 Complaint No.

6993 of 2022 and others Sr.

No Complain t Ng' Case Title, and Date of filing of complain t Date of apartme nt buyer agreeme nt Unit No. t Unit No.

Unit adme asurin Due date of Possessi on / Offer (Date) of possessio Possessi on Hnadove r Total Sale Conside ration / Total Amount paid by the complai nant Relief Sought 1. cR/6993 /2022 Shyam Sharma Perfect Buildwell Private Limited DOF: 1.0.77.20 22 Reply Statusl 1.6.0t.20 23 BBA 01.12.20 15 Allotmen t Letter: 24.10.20 15 06, 04th FIoor, l'ower 1 569 sq. ft.

09.03.20 79 Icalculat ed from the date of environ ment clearance , being Iaterl/ Offer of possessi on 01.08,20 2 Possessi on handove r TSC: - Rs.

23,20,5 00 /- AP: - Rs.

23,40,8 0s/- 1.

DPC 2.

Execu te Conve yance deed Page 3 of19 I - ffi HARERA #" anuennt',r Complaint No.

6993 oF 2022 and others L9.09.20 20 2. cR/6997 /2022 Gagan Makin Perfect Buildwell Private Limited DOF: 11.11.20 22 Reply Status; 21..03.20 BBA 30.04.20 76 Allotmen t Letter 24.10.20 15 6t al 'Pf\ \ 02 08th Floor Tower 1B +i.!rji-,1 ,i,,$-{ "iir!W 569 sq. ft.

09.03.20 L9 Icalculat ed from the date of environ ment clearance , being laterl/ on handove r 3 0.0 5.20 20 TSC:- Rs.

23,20,5 00 AP:- Rs.

24,43,1 94 1.

2.

DPC Execu te Conve yancc deed 3. cR/6998 /2022 Ankush Sunami Perfect Buildwell Private Limited DOF: Ll.77.20 22 BBA 07.72.20 15 Allotmen t Leter: 24.10.20 15 02,07th Floor Tower 3 569 sq. ft.

09.03.2 0 19 Icalculat ed from the date of environ ment clearance , being laterl/ Possessi on TSC: - Rs.

23,3+,4 31/- 1.

DPC Execu te Conve yance deed Page 4 of19 HARERA GURUGRAI/ Complaint No.

6993 of2022 and others Reply Status: 2t.03.20 handove r 22.02.20 20 Offer of possessi on 21,.01.20 20 cR/ 6997 /2022 Kapil Deo Thakur Perfect Buildwell Private Limited DOF: 10.11.20 22 Reply Statusi 16.01.20 BBA 01.12.20 15 01, 04tI' 09.03.20 t9 Icalculat ed from the date on 74.03.20 20 r 73.06.20 20 TSC: - Rs.

12,36,5 00/- AP: - Rs.

12,36,5 o0 /- 1.DPC 2.

Execute conveyan ce deed ,, R Note: ln the table referred above certain abbreviations have been used. been used.

They are elabomted as follows: Abbreviation Full form TSC Total Sale consideration Page S of19 Allotmen t Letter: 20.10.20 15 l*t 4. ffiUBEEA #* eunuenRl,l It has been decided to treat the said complaints as an appllcation for non_ compliance of statutory obligations on the part of the promoter /respondent in terms of section 34[fJ of the Act which mandates the authority to ensure compliance of the obligations cast upon the promoters, the allottee(s) and the real estate agents under the Act, the rules and the regulations made thereunder.

The facts of all the complaints filed by the complainant(s)/allottee(s)are similar.

Out of the above-mentioned case, the particulars of lead case CR/6993/2022 titled Shyam Sharma V/s perfect Buitdwelt private Limited are being taken into consideration for determining the rights of the allottee(s).

Proiect and unit related details The particulars of the project, the details of sale consideration, the amout,r paid by the complainant[s), date of proposed handing over the possesston, delay period, if any, have been detailed in the following tabular form: CR/6993/2022 titled Shyom Sharma V/s perfect Buildwell private Limited Details Zara Aavaas, Sector 104, Dwar ressway, Guru Affordable Grou Housin Colon Pro ect area 5 acres 12 of 2014 dated,1.0.06.2014 valid till 09.72.201.9 l\4/S Perfect Buildwell Pvt.

Registered Complaint No.

6993 of2022 and others 569 sq. ft. (carpet Area) 89 sq. ft.

Ibalcony area) (1,52 of 2077 Dated Zg.Og.Z}tT l, 06, floor 04, tower 01 admeasuring A.

6.

Name ofthe project Nature of the proiect DTCP license no. and validity status Name of licensee RERA Registered/ not registered Apartment no.

Page no.

15 of com laint S.

N.

Particulars Page 6 of19 HARERA GURUGRA[/ complaint No.

6993 of2O22 and others B.

Unit area admeasuring 569 sq. ft. (carpet Area) 89 sq.

Ibalconv area'l n.

9.

Date of allotment letter 24.10.201.5 fPage no.

15 of comn]ain 10 Date of builder buyer 3glqement 01.72.2075 'Page no. 'Page no.

16 of comnlaint 11.

Date of Building plan approval 08.1.2.201.4 fPage no.

94 of reol L2 Date of environmental Clearance 09.0 3.2015 fPage no.

20 ofre I 13 Possession Clause S.Possession 3(1) unless a longer period is permitted by the DGTCp or in the policy and subject to the force majeure circumstances as stated in clause 16 hereof, intervention of statatory authorities, receipt of occupation certificate and timely compliance by the Apartment Buyer[s) of all his/her/their obligations, formalities and documentation as prescribed by the Developer from time to time and not being in default under any part of this Agreement, including but not limited to timely payment of installments of the total cost ond other charges as per the payment plon, stomp duty ond registrdtion charges, the Developer proposes to offer possession oI the said Apartment to the Apartment Buyer(s) within 4(four) years from the date oI approval oI building plans or grant oI environmen t clea ra n ce, w h ich ev e r is later.

74.

Due date of possession 09.03.2019 (Calculated from the date of _environ ment clearance, being later.) Rs.23,20,500/- 15 Total sale consideration Page 7 of 79 HARERA ffiGURUGRAM 9.

10.

6993 of 2022 and others B.

7.

8.

Facts ofthe complaint The complainant has made the following submissions in the complaint: _ That the respondent made advertisement in the newspaper ,Hindustan Times'with regard to the location, specification and amenities and time of completion of the project under the name ,,affordable group housing colony "commonly known as" Zara Aavaas,, floated under Haryana Government's Affordable Housing policy, Iocated at 104, Dwaraka Express Way, Gurgaon, Haryana.

That the complainant approached to the respondent for booking of an apartment in the said project namely Zara Aavaas at Sec 104 Gurugram Haryana having carpet area of 569 sq ft and balcony area of 89 sq ft .

89 sq ft .

That the draw of the said project was held, wherein the complainant was allotted flat no 06 at 09th floor of tower 1g.

That the respondent to dupe the complainant in their nefarious net even executed a one-sided flat buyer agreement signed between complainant and respondent through their authorized representative on dated 01.12.2015, just to create a false belief that the pro.iect shall be completed in time bound manner, and in the garb of this agreement persistently fas per Clause 2.1 of BBA on page no 21 of complaintJ 76 Amount paid by the complainant Rs.23,40,805/- (as per SOA dated 76.t2.2079, page no 42 of complaintl 1,7 Occupation certificate 04.12.2015 Pase no 32 of renl 18.

Offer of possession 01.08.2 02 0 fPage no 43 of comDlaint 19.

Possession Handover 79.09.2020 fPage no 45 of complaint) Page 8 of 19 HARERA ffiGURUGRAI/ 11.

13.

12.

6993 of 2022 and others L4.

15. raised demands due to which they were able to extract huge amount of money from the complainant.

That the total consideration of the flat was Rs23,20,500/- .The complainant paid Rs 23,20,500 /- (as per the statement of account issued by the respondent and ledger account ) towards the cost of flat as and when the demand were raised by the respondent.

That as per the ABA clause no 3.1 the respondent was supposed to hand over the actual physical possession of the flat to the complainant latest by 09.03.2019.

That there is delay of 18 month:iri handing over the possession of the allotted unit as agreed as per dBA Even after offer of possession, dated 01.08.2020, the possession of the allotted unit was handed over on 1,9.09.2020 to the complainant.

That as per clause 3.1 of the ABA the respondent was liable to hand over the possession ofa said unit before 9th March 2019.

As per the slow pace construction status and absence of basic amenities respondents took more time to give actual physical possession after getting occupancy certificate. rtificate.

That as per section 19 (6) the Real Estate (Regulation and Development) Act,201.6 [hereinafter referred to as the Act) Complainant has fulfilled his responsibility in regard to making the necessary payments in the manner and within the time specified in the said agreement.

Therefore, the complainant herein is not in breach of any of its terms of the agreement.

That respondents have to charged interest on in delayed instalment @ l5 0/o P.A. compounded quarterly interest as per clause 2.4 of ABA and offer the delay penalty for himself is iust Rs NIL per Sq. ft per month as per clause no 3.1 is totally illegal arbitrary and unilateral.

16.

Page 9 of 19 HARERA ffi GURUGRAI/ C.

That the respondent has indulged in all kinds oftricks and blatant illegality in booking and drafting of ABA with a malicious and fraudurent intention and caused deliberate and intentional huge mental and physical harassment of the complainant and his family who has been rudely and cruelly dashed the savoured dreams, hopes and expectations of the complainant to the ground and the complainant is eminently justified in seeking delayed possession charges.

Retiefsought by the complainant: - 18.

The complainant has sought following relief(s): 1.

Direct the respondent to pay interest at g.650/o p.a as per the prevailing MCLR +2% for delay period startlng from 09.03.2019 till 19.09.2020 fthe date of actual handover of physical possession].

Direct the respondent to execute and register conveyance deed ofthe flat in Favor of complainant.

Direct the respondent to pay the cost of litigation and the cost towards the mental agony faced by the complainant.

19.

0n the date of hearing, the authority explained to the respondent/ promoter about the contraventions as alleged to have been committed in relation to section 11ta) (a) of the act to plead guilty or not to plead guilty.

D.

Reply by the respondent 20.

The respondent has contested the complaint on the following grounds.

21. ounds.

21.

That at the very outset it is submitted that the present complaint is not maintainable or tenable in the eyes of law.

The complainants have misdirected themselves in filing the above captioned complaint before this Complainr No.

6993 of2022 and others 17.

Page 10 of19 Complaint No.

6993 of 2022 and others 22.

23.

24. ffiIAREBA ffi, eunueRRu Ld.

Authority as the subject matter of the claim does not fall within the iurisdiction of this Ld.

Authoriry.

That the present complaint has been filed against the affordable group housing project namely, Zara Aavaas which comprises of 19 towers/residential blocks on 5 acres.

The project has been developed in phased manner and the current complainant comprises ofallottee ofphase 1 of the project.

Phase 1 of the project was completed under the license no.

1-2 of 2074 dated 09.06.2019 renewed vide memo no.

LC-3048/Asstt {AK)/2019 /25235 dated 10.10.2019.

The building plans were approved vide Memo No.

ZP-1005/SD(BS) /2014 /27 657 dated 08.12.2014.

Further the environmental clearance for construction of the affordable group housing colony was received vide memo no.

SEIAA/HR/2016/280 dated 0 9.0 3.2 015.

That the construction of the project thereafter was conducted by the respondent by abiding all terms ofthe approvals so received.

Further upon the enactment ofthe Real Estate (Regulation and DevelopmentJ Act, 2016 and HRERA Rules, 2017 the respondent duly applied for the RERA registration and the same was received by the respondent vide memo no.

HRERA(Reg.)483 /2017 /751dated 28.08.2017.

The RERA registration no. of the phase I of the project is regd. no.152 of 2017 .

That the respondent had applied for the occupation certificate vide application dated 09.04.2019 and duly received the occupation certificatc fiom the DTP, Gurugram on 04.1,2.2019.

After the receiving of the occupation certificate the respondent offered the possession in phased manner and as per the affordable group housing policy, 2013. icy, 2013.

That after receiving the OC dated 04.1,2.201,9, the respondent vide letter for offer of possession dated 01.08.2020, directed the complainant to take Page 11 of 19 25.

6993 of 2022 and others 26.

27.

28.

HARERA ffiGURUGRAM possession of the unit and to further clear all dues.

However, the complainant chose to delay the matter on one pretext and another.

The complainant was duty bound to take the possession of the residential unit within 2 months ofOC however, complainant/s delayed the physicaltaking over without any reason.

The section 19 (101 of the RERA Act, 2016 states 10) Every allottee shall take physical possession of the apartment, plot or building as the case mqy be,within a period of two months of the occupqncy certiJicqte issued for the soid qpartment, plot or builcling, as the case may be.

The respondent constantly followed up with the allottees however, the complainant intentionally delayed taking physical possession, That complainant has to adhere by the terms and conditions of the agreement for the transaction regarding the unit of the complainant. 'Ihe apartment buyer's agreement the complainant had to make payments for electricity connection charges, power backup charges, piped gas charges, etc vide clause 2.4.

Thus, any payments or demands raised under the heads of IFSD [lnterest Free Security Depositl, administration charges, meter connections charges, advance electricity consumption deposit are within the terms of the apartment buyer's agreement and nothing illegal has ever been demanded from the complainant.

That no cause of action arose against the respondent company, which could have resulted in filing of the present complaint.

The complaint is frivolous, ill motivated and with malicious intent and is not maintainable.

It is further submitted that the complainant has very strategically and deceitfully filed the present complaint. complaint.

Thus, on this ground alone thc complaint is liable to be dismissed and the complainant should be Page 12 of 19 HARERA ffiGURUGRAM Complaint No.

6993 of 2022 and others penalised in order to establish precedent to avoid any malicious litigation in the future of similar nature.

29.

That the respondent has obtained occupation certificate only after taking necessary certificates and no objection from the concerned departments.

That occupation certificate is granted only after complete compliance of necessary approvals from fire safety department, State Environment Impact Assessment Authorify and Structure Stability Certificate from Superintending Engineer (HQJ HUDA.

30.

That the primary relief sought by complainant being "delay interest" in handing over the possession is untenable in view of the fact that there was no delay in granting the possession of the flat.

There was change in the timelines of the project and the said changes and alteration were not on account of any attribute due to the negligence or conduct of the respondent.

31.

That the complainant is misdirecting this Hon'ble Authority by reading few clauses of the buyer's agreement saying that the maintenance of the project of 05 years will be of the respondent.

Clause 7.8 of the buyers agreement specifically states apartment buyer that operational costs like cost of operation, upgradation, addition and/or replacement of the lifts, firefighting system, sewage treatment plants, common area lighting, water supply charges, garbage disposal charges, charges for cleaning and upkeep of internal pathways, green area, roads, common areas and drainage system, general watch and ward of the said colony/building etc., shall be borne and paid by the apartment buyers and the developer shall not be liable to pay the same.

Page 13 of19 HARERA ffi GURUGRAI/I 34.

Copies of all the relevant documents have record.

Their authenticity is not in dispute. decided on the basis of these undisputed made by the parties. e parties.

6993 of 2022 and others 32.

That the respondent has already offered the possession of the flats in the project to the allottees way back in 2020 and the possession has also been taken by the complainant who has already been residing peacefully 33.

That the complainant is guilty ofplacing untrue facts and is attempting to hide the true colour of the intention of the allottees/complainant members.

TheAllottee's have been made aware of all construction updates and also regarding the amendment to the sanctioned plans by the respondent and also by DTP, Gurugram. been filed and placed on the Hence, the complaint can be documents and submissions E.

Jurisdiction of the authority 35.

The authority observes that it has territorial as well as subject matter jurisdiction to adjudicate the present complaint for the reasons given below.

E.l Territorialiurisdiction 36.

As per notification no.

1/92/2077-LTCP dated 14,12.2017 issued by Town and Country Planning Department, the jurisdiction of Real Estate Regulatory Authority, Gurugram shall be entire Gurugram District for all purpose with offices situated in Gurugram.

In the present case, the project in question is situated within the planning area of Gurugram District.

Therefore, this authority has complete territorial jurisdiction to deal with the present complaint.

E.ll Subiect matter iurisdiction Page 14 of19 HARERA ffi" GURUGRAM Complaint No.

6993 of2022 and others 37.

Section 11(a)(al of the Act, 2016 provides that the promoter shall be responsible to the allottee as per agreement for sale.

Section 11(a)(a) is reproduced as hereunder: Sedion 17(4) (a)The promoter sholl- Be responsible for all obligations, responsibilities and functions under the provisions ofthis Act or the rules and regulotions mode thereunder or to the ollottees as per the agreementfor sole, or to the ossociation of allottees, as the case may be, till the conveyance of qll the apartments, plots or buildings, os the cose may be, to th be, to the allottees, or the common oreas to the association of ollottees or the competent authority, os the cose moy be; Section 34-Functions oI the Atitlioiity: 34A of the Act provides to.ensure complionce of the obligations cost upon the promoters, the allo$ees and the reol estote ogents under this Act and the rules and regulations mode thereunder.

38.

So, in view of the provisions of the Act quoted above, the authority has complete iurisdiction to decide the complaint regarding non-compliance of obligations by the promoter leaving aside compensation which is to be decided by the ad,udicating officer ifpursued by the complainants at a later stage.

F.

Findings on the reliefsought by the complainant 1.

Direct the respondent to pay delay possession charges from 79.09.2020 due date of possession till 19.09.2020 actual handover of physical possession at prescribed rate of interest.

Direct the respondent to execute and register conveyance deed of the flat in Favor of complainant.

Direct the respondent to pay the cost of Iitigation and the cost towards the mental agony faced by the complainant.

39.

In the present complaint, the complainants intend to continue with the project and are seeking delay possession charges as provided under the proviso to section 18(1J oftheAct.

Sec.

18(1) proviso reads as under. "Section 78: - Retum of omount qnd compensqtion PaBe 15 of 19 HARERA ffi-GURUGRAI/ 18(1).

If the promoter fails to complete or is unable to give possession of on apartment, plot or building, - Provided that where an ollottee does not intend to withdraw lrom the project he shall be paid, by the promoter, interest for every month of deloy, till the honding over of the possession, ot such rate os may be prescribed." 40.

Clause 3 of the flat buyer's agreement provides the time period of handing over possession and the same is reproduced below: S.Posse.s.

S.Posse.s.sion 3(1) Unless a longet period is permitted by the DCTCp or in the policy and subject to the force majeure circumstances os stoted in clause 16 hereof, intervention of statutory authorities, receipt of occupation certifrcate qnd timely compliance by the Apaftment Buyer(s) of 0ll his/her/their obligations, formalities and documentation os prescribed by the Developer from time to time ond not being m clefoult under ony part ofthis Agreement, including but not limited to timely payment ofinstollments of the total costqnd other chqrges qs per the payment plan, stomp duty and registrotion charges, the Developer proposes to offer possession of the Sqid Apartment to the Apartment Buyer(s) within 4(four) years from the dqte of approval of building plans or grant of environment clearsnce, whichever is lqter.." 41.

Admissibility of delay possession charges at prescribed rate of interest: The complainants are seeking delay possession charges, proviso to section 18 provides that where an allottee does not intend to withdraw from the project, he shall be paid, by the promoter, interest for every month of delay, till the handing over of possession, at such rate as may be prescribed and it has been prescribed under rule 15 of the rules.

Rule 15 has been reproduced as under: Rule 15, Prescribed rqte of interest- IProviso to section 72, section 1B and sub-section (4) and subsection (7) ofsection 191 (1) For the purpose of proviso to section 12: section 18; and sub- sections (4) ond (7) of section 19, the "interest ot the rate prescribed" shall be the State Bonk of lndia highest marginal cost of lending rcte +20,4.: Provided thot in case the Sttlte Bonk oflndia marginol cost of lending rqte (MCLR) is not in use, it shall be replaced by such benchmork lending rotes Complaint No.

6993 of 2022 and others Page 16 of 19 Complaint No.

6993 of2022 and others 42. others 42. o ffiHAREBA ffieunuenRHr which the State Bank oflndia may fix from time to time for lending to the general public, The legislature in its wisdom in the subordinate legislation under the provision of rule 15 of the rules, has determined the prescribed rate of interest.

The rate ofinterest so determined by the legislature, is reasonable and ifthe said rule is followed to award the interest, it will ensure uniform practice in all the cases.

Consequently, as per website of the State Bank of India i.e., https://sbi.co.in, the marginal cost of lending rate (in short, MCLRI as on date i.e., 03.11.2023 ts 8.7 5o/0.

Accglqllgly, the prescribed rate of interesr will be marginal costof lending rate !2o/o i.e.,10.750/o perannum.

44.

The definition of term 'interest' as defined under section 2(zal of the Act provides that the rate of interest chargeable from the allottee by the promoter, in case of default, shall be equal to the rate of interest which the promoter shall be liable to pay the allottee, in case of default.

The relevant section is reproduced below: "(zo) "interest" means the rates of interest payqble by the promotet or the 0llottee, qs the case mqy be.

Explanation. -For the purpose of this clause- (ii) the interest payqble by the promoter to the allottee sholl befrom the dote the promoter received the amoint or qny pqrt thereof till the date the amount or port thereofand interest thereon is refunded, ond the interest pqyable by the allottee to the promoter sholl be Irom the date the qllottee defaults in payment to the promoter till the dote it is paidi' 45.

Therefore, interest on the delay payments from the complainants shall be charged at the prescribed rate i.e., 10.750/o p.a. by the respondent/promoter which is the same as is being granted to the complainants in case of delay possession charges.

Page 17 of 19 ffi HARERA #- eunuennur Complaint No.

6993 of2022 and others 46. others 46.

0n consideration ofthe circumstances, the evidence and other record and submissions made by the parties, the authority is satisfied that the respondent is in contravention of the section 11(4)(aJ of the Act by not handing over possession by the due date as per the agreement.

It is a matter of fact that buyer's agreement executed between the parties on 01.12.2015, the possession of the booked unit was to be delivered within a period of 4 years from the date of approval of building plans or environment clearance whichever is later.

The due date is taken from the date ofenvironment clearance i.e.,09.03.2015 as it is later than approval of building plan.

Hence, the due date for possession comes out to be 09.03.2019.

The respondent promoter has received the occupation certificate on 04.12.2019 and subsequently offered the possession of thc unit on 01.08.2020.

47.

Accordingly, non-compliance ofthe mandate contained in section 11(a) (a) read with proviso to section 18(1) oftheActon the part ofthe respondent is established.

As such the complainant is entitled to delayed possession charges at the prescribed rate of interest i.e ., 10.75o/o p.a. for every month of delay on the amount paid to the respondent from the due date of possession i.e., 09.03.2019 till actual handover of booked unit i.e., 19.09.2 020 as per the proviso to section 18[1] (a) of the Act read with rules 15 of the rules.

G.

Direct the respondent to execute and register conveyance deed of the flat in Favor ofcomplainant.

48.

As per section 11(+l [f] and section 17[1) of rhe Act of 2016, the promoter is under an obligation to get the conveyance deed executed in favour of the complainant.

Whereas as per section 19(11] of the Act of 2 016, the allottec Page 18 of 19 I *HARERA H GTJRUGRAN/ p.a. for every month of del 09.03.2019 till actual h 19.09.202 0 as perth 15 ofthe rules.

The possession of Complaint No.

6993 of 2022 and others at the prescribed r ate of 70.7 5o/o e due date of possession i.e. ssion i.e., n of the booked unit i.e ofthe Act read with rules is also obligated to participate towards registration of the conveyance deed of the unit in question.

H.

Directions ofthe authority 49.

Hence, the authority hereby passes this order and issues the following directions under section 37 ofthe Act to ensure compliance ofobligations cast upon the promoter as per the function entrusted to the authority under section 34(0: i.

The respondent is directed to r*. r after obtaining occupation certificate and the same was taken by the complainant.

So, the respondent is directed to get the conveyance deed executed in favour of the complainant allottee with in a period of 60 days.

50.

This decision shall mutatis to cases mentioned in para 3 of this order.

51.

The complaints stand disposed oi 52.

Files be consigned U\;zl{/{'Vi Haryana Real Estate Regulatory Authority, Gurugram Dated:03.11.2023 Aror Page 19 of 19