GAURAV CHAUHAN vs ELAN BUILDCON PVT. LTD.

Complainant present in person and AR of the company appearing on behalf of the respondent state that the matter has been settled amicably and  a copy of Settlement deed dated 7.6.2023 has been placed on record. In view of settlement arrived between the parties, the present complaint is disposed off. File be consigned to the registry.

Due to paucity of time,  matter could not be heard. Adjourned to 16.11.2023 for further proceedings.

The present complaint was filed on 17.06.2022 and the reply on behalf of respondent was received on 16.11.2022.   Succinct facts of the case are as under: S. N. Particulars Details  1. Name of the project “Elan Miracle”, Sector-84 , Gurugram Haryana  2. Nature of the project Commercial project  3. Registered/not Registered 190 of 2017 dated 14.09.2017 Valid till 13.09.2023  4. Unit No. KIOSK -01- B  2ND FLOOR [Page no. 20 of the complaint]   5. Super area 350 sq. ft. [Page no. 21 of the complaint]   6. Date of allotment 09.10.2019 (PAGE 20 of complaint)  7. Date of builder buyer agreement 01.02.2020  8. Possession clause POSSESSION OF THE PREMISES / UNIT: 7.1 Schedule for Possession of the said Premises / Unit - The Promoter agrees and understands that timely delivery of possession of the said premises / unit to the allottee(s) and the common: areas to the association of allottee(s) or the competent authority, as the case may be, is the essence of the Agreement. The Promoter assures to hand over possession of the said premises / unit along with ready and complete common areas with all specifications, amenities and facilities of the project in place within a period of 48 (forty eight) months from the date of this Agreement with an extension of further twelve months, unless there is delay or failure due to war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project ("Force Majeure"). If; however, the completion of the Project is delayed due to the Force Majeure conditions then the Allottee agrees that the Promoter shall be entitled to the extension of time for delivery of possession of the said premises / unit, provided that such Force Majeure conditions are not of a nature which make it impossible for the contract to be implemented. The Allottee agrees and confirms that, in the event it becomes impossible for the Promoter to implement the project due to Force Majeure conditions, then this allotment shall stand terminated and the Promoter shall refund to the Allottee the entire amount received by the Promoter from the allottee(s) subject to deduction of non-refundable amounts including but not limited to return on investments paid / payable by the Promoter to the Allottee(s). The Promoter shall Intimate the allottee about such termination at least thirty days prior to such termination. After refund of the money paid by the Allottee [subject to deduction of non-refundable amounts including but not limited to return on investments paid / payable by the Promoter, interest paid or payable by the allottee(s) to the promoter on delayed payments, brokerage(s) / incentive(s) paid by the developer / discount(s) given, taxes / statutory levies paid / payable, if any], the Allottee agrees that he/ she shall not have any rights, claims etc, against the Promoter and that the Promoter shall be released and discharged from all its obligations and labilities under this Agreement. It is however clarified that if the developer offer the possession of the unit before the stipulated timeline as mentioned above, the allottee(s) shall take the possession without any protest or demur.    9. Due date of possession 01.02.2024  10. Total sale consideration (BSP) Rs. 28,35,000 [As alleged by the complainants in the facts]  11. Amount paid Rs. 13,97,444/- [As alleged by the complainants in the facts]  12. Occupation certificate 09.06.2021 (Page 52 of reply of respondent)  13. Offer of possession for fit out 28.10.2021 (Annexure 4 page 28 of complaint)  14. Surrender letter 13.09.2021 because no layout plan was shown (page 31 of complaint)     The complainant-cum-counsel requests for allowing full refund with interest as the respondent has made various unauthorized changes in the plan after execution of BBA and hence, the kiosk size and hence requests for refund as a surrender letter has been issued to the respondent on 13.09.2021 (page 31 of the complaint). The counsel for the respondent states that changes in the plan were made after obtaining NoC from the complainant-allottee for making changes in the plan and hence the same cannot be agitated at this stage.  The copy of NoC given by the complainant allottee is at page 109 Annexure R28. However, the complainant states that the NoC is forged and a case of forgery has been filed in the Hon’ble Criminal Court and is fixed for hearing on 17.04.2023. Matter to come up  on 25.07.2023  for further proceedings.