ROHIT RANJAN SON OF LATE SH RAVI SHANKAR PRASAD vs LOTUS REALTECH PVT LIMITED

The present complaint has been received on 25.03.2021 and reply on behalf of the respondent was received on 27.03.2023. Succinct facts of the case as per complaint and annexures are as under: S.No                                     Particulars Details 1. Name of the project “Lotus Homz”, Sector- 111, Gurugram 2. Nature of project Affordable Group Housing Colony 3. RERA registered/not registered 214/2017 dated 18.09.2017 Valid upto 30.06.2020 4. DTPC License no. 47 of 2014 dated 18.06.2014 Validity status 31.05.2021 Name of licensee Ashok Kumar & 1 Ors. Licensed area 05.09 acres 5. Unit no. 903, Tower J, 9th floor [as per buyer’s agreement on page 21 of complaint] 6. Unit measuring   605.55 sq. ft. (carpet area) [as per buyer’s agreement on page 25 of complaint] 7. Date of execution of Apartment buyer’s agreement 25.12.2015 8. Possession clause 3.1 The developer proposes to offer possession of the said apartment to the allottee within a period of 4 (four) years from the date of approval of building plans or grant of environment clearance, (hereinafter referred to as the "Commencement Date"), whichever is later. 9. Approval of Building Plan 22.10.2014 (as per buyer’s agreement on page 23 of complaint) 10. Environment clearance N/A 11. Due date of possession 22.10.2018 (the due date is calculated from the date of approval of building plans) 12. Total Sale Consideration Rs.24,67,375/- [as per buyer’s agreement on page 26 of complaint] 13. Total amount paid by the complainant Rs.9,85,532/- (as alleged by complainant on page 8 of complaint and duly admitted by respondent on page no. 11 of reply) Rs.5,72,163/- is the amount which has been given by ICICI Bank and remaining amount by the complainant. 14. Occupation certificate 01.06.2021 15. Offer of possession N/A 16. Demand Letter 02.07.2019 (page 57 of complaint) 17. Cancellation Letter 27.11.2020  after issuance of reminder on 02.07.2019 (R6) as well as publication in the newspaper dated 10.08.2019 (page 5)   The counsel for the complainant states that the complainant had paid a sum of Rs.9,85,532/- against the total sale consideration of Rs.24,67,375/-. Despite paying more than 40% of the total sale consideration respondent has illegally cancelled the unit without even giving him prior notice. It comes to the knowledge of the complainant only when he visit the office of the respondent and enquired about the balance payment then its representative informed him that the said unit has already been cancelled. So, vide email dated 27.09.2021 he requested the respondent to refund the paid-up amount. The counsel for respondent submitted that the respondent vide demand letter dated 02.07.2019 requested the complainant regarding payment of the due installment but due to his non-payment made publication in the daily newspaper named “Hari Bhoomi” on 10.08.2019 and cancelled the said unit vide cancellation letter dated 27.11.2020 following the terms and provisions of the Affordable Housing Policy, 2013. Arguments Heard. Cancellation is held valid. Respondent is directed to refund the paid- up amount of Rs. 9,85,532/- after deduction of Rs. 25,000/- if not already done as per clause 5(iii)(i) of the Affordable Housing Police, 2013 alongwith prescribed rate of interest i.e. @ 10.70% per annum from the date of cancelation till actual realization of the refunded amount. Matter stands disposed of. Detailed order will follow. File be consigned to the registry.

The present complaint was filed on 25.03.2022 and registered as complaint No. 1218 of 2022. Written reply has not been filed by the respondent till date and neither any responsible official of the respondent present. The clerk of the Advocate requests for adjournment as counsel is not available and is not sure about the status of reply. One last opportunity to the respondent for filing reply is granted alongwith cost of Rs.5,000/- to be paid to the complainant allottee before the next date of hearing. If no reply is filed within next 15 days the defence of the respondent shall be struck off.      Matter to come up on 27.04.2023 for further proceedings.

Coram is not complete, so the matter is adjourned to 09.03.2023 for the purpose as already fixed.