AARTI GOEL vs SHREE VARDHMAN INFRAHEIGHTS PVT. LTD

THE PRESENT COMPLAINT HAS BEEN RECEIVED ON 27.12.2021 AND THE REPLY WAS RECEIVED ON 06.04.2022. SUCCINCT FACTS OF THE CASE ARE AS UNDER: - S. NO. HEADS INFORMATION 1. NAME AND LOCATION OF THE PROJECT            “SHREE VARDHMAN VICTORIA”, VILLAGE BADSHAPUR, SECTOR-70, GURUGRAM 2. PROJECT AREA 10.9687 ACRES 3. NATURE OF THE PROJECT GROUP HOUSING COLONY 4. DTCP LICENSE NO. AND VALIDITY STATUS 103 OF 2010 DATED 30.11.2010 VALID UPTO 29.11.2020 5. NAME OF THE LICENSEE SANTUR INFRASTRUCTURES PVT. LTD. 6. RERA REGISTERED/ NOT REGISTERED AND VALIDITY STATUS REGISTERED REGISTERED VIDE NO. 70 OF 2017 DATED 18.08.2017 VALID UPTO 31.12.2020 7. UNIT NO. 302, TOWER - D (ANNEXURE- A ON PAGE NO. 19 OF THE REPLY) 8. UNIT ADMEASURING 1950 SQ. FT. (ANNEXURE- A ON PAGE NO. 19 OF THE REPLY) 9. DATE OF FLAT BUYER’S AGREEMENT   30.04.2013 (ANNEXURE- A ON PAGE NO. 16 OF THE REPLY) 10. PAYMENT PLAN   CONSTRUCTION LINKED PAYMENT PLAN  (ANNEXURE- A ON PAGE NO. 35 OF THE REPLY) 11. TOTAL CONSIDERATION   RS. 1,16,67,450/- (ANNEXURE- B ON PAGE NO. 37 OF THE REPLY) 12. TOTAL AMOUNT PAID BY THE                         COMPLAINANTS   RS. 67,10,425/- (ANNEXURE- B ON PAGE NO. 42 OF THE REPLY) 13. DATE OF COMMENCEMENT OF CONSTRUCTION   07.05.2014 (AS ALLEGED BY THE RESPONDENT ON PAGE 6 OF REPLY) 14. POSSESSION CLAUSE 14(A) THE CONSTRUCTION OF THE FLAT  IS LIKELY TO BE COMPLETED WITHIN A PERIOD OF 40 MONTHS OF COMMENCEMENT OF CONSTRUCTION OF THE PARTICULAR TOWER/ BLOCK IN WHICH THE SUBJECT FLAT IS LOCATED WITH A GRACE PERIOD OF 6 MONTHS, ON RECEIPT OF SANCTION OF THE BUILDING PLANS/ REVISED PLANS AND ALL OTHER APPROVALS SUBJECT TO FORCE MAJEURE INCLUDING ANY RESTRAINS/ RESTRICTIONS FROM ANY AUTHORITIES, NON-AVAILABILITY OF BUILDING MATERIALS OR DISPUTE WITH CONSTRUCTION AGENCY/ WORKFORCE AND CIRCUMSTANCES BEYOND THE CONTROL OF COMPANY AND SUBJECT TO TIMELY PAYMENTS BY THE BUYER(S) IN THE SAID COMPLEX. (EMPHASIS SUPPLIED) 15. DUE DATE OF DELIVERY OF POSSESSION 07.03.2018   16. OCCUPATION CERTIFICATE NOT OBTAINED 17. OFFER OF POSSESSION NOT OFFERED 18. DELAY IN HANDING OVER OF POSSESSION TILL DATE OF ORDER I.E.,11.07.2022 4 YEARS, 4 MONTHS, 3 DAYS 19. GRACE PERIOD UTILIZATION GRACE PERIOD IS ALLOWED IN THE PRESENT COMPLAINT. THE COMPLAINANT HAS SOUGHT FOLLOWING RELIEFS: 1.     TO HANDOVER THE LEGAL POSSESSION OF THE APARTMENT TO THE COMPLAINANTS. FURTHER, THE RESPONDENT ALSO BE DIRECTED TO GIVE DELAYED POSSESSION CHARGES @9.30 % ON AMOUNT PAID. IN THE PRESENT CASE, NO OC HAS BEEN OBTAINED. HENCE, NO OFFER OF POSSESSION CAN BE MADE. THEREFORE, THE RESPONDENT IS DIRECTED TO OFFER THE POSSESSION OF THE ALLOTTED UNIT WITHIN 30 DAYS AFTER OBTAINING OC FROM THE CONCERNED AUTHORITY. THE COMPLAINANT WITH REGARDS TO OBLIGATION CONFERRED UPON HIM UNDER SECTION 19(10) OF ACT OF 2016, SHALL TAKE THE PHYSICAL POSSESSION OF THE SUBJECT UNIT, WITHIN A PERIOD OF TWO MONTHS OF THE OCCUPANCY CERTIFICATE. CONSIDERING THE ABOVE-MENTIONED FACTS, THE AUTHORITY CALCULATED DUE DATE OF POSSESSION I.E., 40 MONTHS FROM THE DATE OF COMMENCEMENT OF CONSTRUCTION I.E., 07.05.2014. THE AUTHORITY ALLOWS DPC W.E.F. 07.03.2018 TILL THE DATE OF VALID OFFER OF POSSESSION PLUS TWO MONTHS. ACCORDINGLY, THE COMPLAINANT IS ENTITLED FOR DELAYED POSSESSION CHARGES AS PER THE PROVISO OF SECTION 18(1) OF THE REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016 AT THE PRESCRIBED RATE OF INTEREST I.E., 9.50% P.A. FOR EVERY MONTH OF DELAY ON THE AMOUNT PAID BY THE COMPLAINANT TO THE RESPONDENT FROM THE DUE DATE OF POSSESSION I.E., 07.03.2018 TILL THE DATE OF VALID OFFER OF POSSESSION PLUS TWO MONTHS.                  MATTER STANDS DISPOSED OF. DETAILED ORDER SHALL FOLLOW. FILE BE CONSIGNED TO THE REGISTRY.

RE-OPENED

On the last date of hearing, Sh. Gaurav Rawat Advocate, counsel for the respondent appeared and was directed to file the reply by 18.02.2022. Despite proper service of notice, no written reply has yet been filed.         Respondent is directed to file the reply within two weeks i.e. by 20.04.2022  in the registry with a copy to the complainant along with a cost of Rs. 5,000/- to be paid to the complainant. Last opportunity is being granted. In case the reply is not filed within the time allowed, the defence of the respondent may struck off.                       Matter to come up on 11.07.2022 for further proceedings.