MANISHA PRATAP SINGH vs ADVANCE INDIA PROJECTS LIMITED

Order pronounced. Both the counsels of the parties confirmed that offer of possession was made on 22.2.2022 and assured return have been paid till 24th December2021. The counsel for the respondent states that since occupation certificate has been obtained in 24.12.2021 and hence no assured return thereafter has been paid to the complainant-allottee. The respondent is required to make payment of arrears of assured return @ Rs.211435- per month till offer of possession as per agreement which has not been paid by the respondent to the complainant. Arguments heard. In view of the above assured return till offer of possession is allowed. Matter stands disposed off. Detailed order will follow. File be consigned to the registry.

The present complaint has been received on 22.02.2022 and the reply on behalf of respondent was received on 15.07.2022. The complainant also filed application for appointment of LC and the said issue was deliberated upon vide proceedings dated 16.11.2022. Succinct facts of the case as per complaint and reply are as under: S. N. Particulars Details 1.       Name of the project “AIPL Joy Central” 2.       Project location Sector 65, Gurugram 3.       Allotment letter 05.04.2017 [As per page no. 47 of complaint] 4.       Unit No. 96, Ground floor [As per page no.  60 of complaint] 5.       Unit Area 1386 sq. ft. (super area) [As per page no. 60 of complaint] Revised area – 1385.91 sq. ft. [As per page 65 of reply] 6.       Date of agreement for sale 15.11.2017 [As per page no. 55 of complaint] 7.       Possession clause 44. The company endeavours to hand over the possession of the unit to the allottee within a period of 54 months with a further grace period of 6 months, from 1 September 2017 (Emphasis supplied) 8.       Due date of possession 01.09.2022 Grace period of 6 months are allowed 9.       Total sale consideration Rs.3,85,78,190/- [As per statement of accounts dated 22.02.2022 on page 80 of the reply] 10.              Amount paid by the complainant Rs. 4,14,98,214/- [As per statement of accounts dated 22.02.2022 on page 80 of the reply] 11.              Assured return clause 32. Where the allottee has opted for payment plan as per annexure A attached herewith and accordingly, the company has agreed to pay Rs.2,11,435/- per month by way of assured return to the allottee from 06.05.2017 till the date of issue of notice of possession of the unit. 12.              Amount paid to the complainant by way of assured return Rs.67,33,231/- As per calculation sheet annexed at page no 79 of the reply The complainant has admitted in his complaint that the respondent had stopped paying assured returns to the complainant from 24.12.2021 on page 5 of the complaint 13.              Occupation certificate 24.12.2021 [As per page 62 of reply] 14.              Offer of possession 22.02.2022 [As per page 65 of reply] The complainant has already submitted the written submissions on 23.8.2023 and the counsel for the respondent requests for its submission within one week after supplying a copy the complainant. The complainant present in person states that at the time of booking of the unit, there were different payment plans and the complainant has chosen the construction link payment plan in respect of office unit which is at page 47 of the complaint which clearly provided that 20.50 percent amount shall be demanded on completion of super structure- office block. While the payment has been demanded on 4th February,2022 but  as per LC report , the super structure in respect of office block was not completed and already is part of their admission dated 16 .11.2022.  However, the counsel for the respondent clarifies that application form at page 30 of the reply at page 51 under clause 44, it has been clarified that the company shall be carrying out extensive development and construction activities in future in the entire area out side the project and the application agreed to not raise any objection for the same.  Further stated that  since the unit is in  retail block  and hence condition of completion of super structure of office block in the agreement was also only inadvertently.  Counsel for the respondent shall file written submissions within a week with an advance copy to the counsel for the complainant. Order reserved. Matter to come up on 19.10.2023 for pronouncement of orders.

In view of Govt. Notification No.28/67/2008-1HR-1 dated 05.09.2023 declaring 07.9.2023 as Gazetted holiday on account of Janmashtami the case is adjourned.   The next date of hearing is fixed for 21.9.2023 for the purpose already fixed.