SANGEETA MATTOO vs ST. PATRICKS REALTY PVT LTD

Order pronounced. The respondent is directed to refund the paid-up amount of Rs. 12,05,824/-  to the complainant against the allotted unit after deducting 10% of the sale consideration with interest  at the prescribed rate  i.e. 10.75%  per annum on the balance amount from the date of final cancellation of the unit i.e. 05.09.2020. Detailed order will follow.  Matter stands disposed off.  File be consigned to the registry.

The present complaint has been received on 10.02.2021 and the reply was received on 27.08.2021. Complainant submitted CRA for refund on 21.04.2022. Succinct facts of the case as submitted in the complaint and reply are as under: S.N. Particulars Details 1. Name of the project “Central Park Flower Valley”, Sec 29,30 and 32, Gurgaon 2.   Unit no. F-136, Ground floor (Independent floor) [at page 33 of the complaint] 3. DTCP 07 of 2020 dated 29.01.2020 54 of 2014 dated 20.06.2014 4. RERA registration Registered vide 11 of 2020 dated 18.03.2020 5. Super area 1274 sq. ft. [at page 33 of the complaint] 6. Date of booking 18.05.2018 [Annexure I of the CRA] 7. Date of application form 19.05.2018 (As per page no. 21 of reply) 7. Date of builder buyer’s agreement Not executed 8. Possession clause Not applicable 9. Due date of possession Not applicable 10. Total sale consideration Basic sale price - Rs. 84,97,726/- (As per page 21 of the complaint) Total sale consideration - Rs. 1,07,66,284/- (As per page 21 of the complaint) 11. Amount paid by the complainant Rs.12,05,824/- (11.2%) Actual amount paid excluding tax – Rs. 10,76,628/- [Page 8 of reply] 12. Completion certificate 29.09.2020 13. Offer of possession Not offered 14. Payment plan Subvention scheme 15:70:15   The complainant has in total paid Rs. 12,05,824/- on 30.05.2018 and never paid any amount after that. On 05.01.2019, complainant executed an indemnity bond in favour of M/s St. Patrick’s Realty Pvt. Ltd. and wants from respondent to refund the deposited  amount of Rs. 12,05,824/-. Then, later on 03.02.2020, he again executed an indemnity bond in favour of the respondent for cancelling the allotted unit but on the contrary intimated his interest for retaining the unit vide mail dated 11.06.2020. Arguments heard. Both the counsels for the parties are directed to submit written submissions within 15 days with an advance copy to each other. Order reserved. Matter to come up on 04.10.2023 for pronouncement of order.

Both the proxy counsels for the parties requests for a short adjournment as the main counsels are not available today.  Request is allowed. Matter to come up on 25.07.2023 for further proceedings.