RATNESH KUMAR vs PAREENA INFRASTRUCTURE PVT. LTD.

Order Pronounced. The respondent is directed to pay delayed possession charges at the prescribed rate of interest i.e., 10.75% p.a. for every month of delay on the amount paid by the complainant to the respondent from the due date of possession 15.09.2020 till offer of possession i.e., 16.07.2021 plus two months i.e., upto 16.09.2021 as per proviso to section 18(1) of the Act read with rule 15 of the rules. Detailed order will follow. Complaint stands disposed of. File be consigned to the registry

The present complaint was filed on 06.09.2022 and the reply has been filed by the respondent on 01.05.2023. Succinct facts of the case as per pleadings and annexures are as under: S. No. Heads Description 1. Name of the project “Laxmi Apartments” at sector -99, Gurugram 2. Nature of the project Affordable Housing Policy 3. Project area Cannot be ascertained 4. DTCP license no. and validity status 106 of 2014 issued on 13.08.2014 valid up to 30.05.2021.   5. Name of the license holder M/S Pareena Infrastructure Pvt. Ltd. 6. RERA registration number Registered vide no.25 of 2017 issued on 27.07.2017 valid up to 14.09.2020 7. Date of sanction of building plans 26.03.2015 [pg. 43 of complaint] 8. Date of execution of flat buyer’s agreement 31.03.2016 [pg. 42 of complaint] 9. Date of environment clearance 15.03.2016 [pg. 28 of reply] 10. Unit no. 203, 2nd floor, tower T4 [pg. 43 of complaint] 11. Unit area admeasuring   424.833 sq. ft [pg. 43 of complaint] 12. Total consideration as per the agreement ₹ 17,49,330/- [pg. 46 of complaint] 13. Total amount paid by the complainant ₹ 17,49,330/-   [as alleged by the complainant at pg. 5 of complaint] 14. Possession clause as per Affordable Housing Policy, 2013 1 (iv) All such projects shall be required to be necessarily completed within 4 years from the date of approval of building plans or grant of environmental clearance, whichever is later. This date shall be referred to as the “date of commencement of project” for the purpose of the policy.   15. Due date of possession 15.09.2020   [Due date calculated from the date of environment clearance being later] Grace period of 6 months allowed for COVID-19 16. Occupation certificate date 09.07.2021 [pg. 25 of reply] 17. Offer of possession 16.07.2021 [pg. 15 of complaint]   The counsel for the complainant states that he has made full payment of the unit whereas counsel for the respondent states that as per offer of possession dated 16.07.2021 which is at page No.40 of the complaint itself states that a sum of Rs.1,87,874/- is due and payable by the complainant. The counsel for the respondent states that  the similar matter has already decided by the authority in CR No.4068/2021 on 09.12.2022.  Further stated that the labour cess being charged by the respondent from the allottee is valid as is very well cleared up-held by  Hon’ble Supreme Court of India in civil appeal No.6649-50 of 2018 on 23.10.2018 in which  the Hon’ble Supreme Court of India, New Delhi up-held the decision of NCDRC New Delhi in Consumer case No.708 of 2017 dated 07.02.2018. Further brought attention of the authority towards the decision of Hon’ble Supreme Court of India, New Delhi in Civil appeal No.155 of 2015 decided on 17.12.2019 in which stay on the construction projects as per orders of NGT and consideration of the same or calculation of due date of possession to the allottee was allowed which is given at page No.6  of the reply which comes out 141 days, hence accordingly the due date should be further  enhanced to the date after adding  141 days in the original due date.  The original due date was 15.03.2020, hence, the respondent should be allowed grace period of 6 months of Covid-19 and 141 days as per decision of Hon’ble Supreme Court of India, New Delhi vide its order dated 17.12.2019.  Arguments heard. Both the parties are directed to submit written submissions, if they to do so, within 15 days with an advance copy to each other. Order reserved. Matter to come up on 15.12.2023 for pronouncement of order.

The  present complaint was filed on 06.09.2022 and registered as complaint No. 5622 of 2022. As per the registry, complainant has sent copy of complaint along with annexures through speed post as well as through email and proof regarding having the delivery of the complaint along with annexures made to the respondent has been submitted by the complainant as available in the file.  The registry of the authority sent a notice with a copy of the complaint along with annexures through speed post of which delivery confirmed on 13.09.2022  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 following email address: [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. The  counsel for the respondent has supplied a copy of reply to the complainant during proceedings and shall be filing the reply in the registry of the authority by Monday i.e. 01.05.2023. The matter to come up on 22.09.2023  for further proceedings.