ROHIT KHANNA AND JAYA KHANNA vs PROMPT ENGINEERING PVT. LTD

The present complaint was filed on 06.06.2022 and registered as complaint No. 2502 of 2022 and reply was received on 02.11.2022. The succinct facts of the case are as follows: S.no. Particulars Details 1. Name of the project “M3M Corner Walk”, Sector 74, Gurugram, Haryana 2. Nature of the project Commercial Project 3. Unit no.  R4-LG 010 on Lower ground in block 4 (As per annexure A4 on page 28 of complaint) 4. Unit admeasuring area 850.75 sq. ft. of super area (As per annexure A4 on page 28 of complaint) 5. Allotment letter 04.09.2019 (As per annexure A4 on page 28 of complaint) 6. Date of builder buyer agreement 24.04.2019 (As per page no. 66 of complaint) 7. Possession clause Schedule for possession of the Unit: The promoter agrees and understands that timely delivery of possession of the unit along with the car parking space(s), if any, to the Allottee and the Common Areas to the Association of Allottees or the Competent Authority, as the case may be, as provided under the Act and Rule 2(1)(f) of the Rules, 2017, is the essence of the Agreement. 8. Pre cancellation notice 21.04.2021 (As per annexure R-14 on page no. 144 of reply) 9. Cancellation notice 25.05.2021 (As per annexure R-15 on page no. 145 of reply) 10. Payment plan Time linked payment plan (As per page no. 33 of complaint) 12. Total sale consideration Rs. 1,19,71,144/- (As per annexure A on page no. 33 of complaint) 13. Total amount paid by the complainant Rs. 28,75,671/- (As alleged by the complainant) 14. Percentage of amount paid 24.02% 15. Occupation certificate 31.08.2021 (As per annexure R-4 on page no. 86 of reply) 16. Offer of possession Not offered being cancelled         The complainants are seeking entire paid up amount along with prescribed rate of interest. The counsel for the respondent filed an application stating that the complainants came forward to the respondent and requested for handover of an alternative unit no. R2-LG 015 instead of the allotted unit no. R4-LG 010 along with a copy of statement of account in which it is shown that an amount of Rs.1,72,477/- has been paid to the complainants on 21.11.2023 on account of delay in handing over of possession and the complainants are not entitled for any refund now. Further, counsel for the complainant states that the tripartite agreement executed between the parties and the financial institution has disbursed the loan amount to the respondent and the complainants have paid 80% of the sale consideration. The counsel for the respondent denied the same and no such record with regard to paid amount is in the paper book. Arguments heard.   Matter stands disposed off. Detailed orders will follow.

Matter is adjourned to 21.12.2023.

In view of the meeting  convened  by the Hon’ble Chairman,  Haryana Real Estate Appellate Tribunal on 02.08.2023 at Chandigarh, the case was adjourned.              The matter to come up on  12.10.2023 for further proceedings.