26-Apr-2022 |
DISPOSED |
The following 45 cases are
being taken up together as all these belongs to project Park Spacio and
the issues are similar in nature.
The
arguments were heard and matters are taken up individually in respect of the
relief sought by the concerned
complainants in the respective complaints.
NAME OF THE BUILDER
M/s BPTP
Limited
PROJECT NAME: SPACIO
APPEARANCE
1
CR/3203/2020
Vijay Kumar Jadhav Vs. M/s BPTP
Limited and M/s Countrywide Promoters Pvt. Ltd.
Ms. Priyanka Agarwal
Sh. Venket Rao
2
CR/1845/2019
Pavan Datta Vs. M/s BPTP
Limited and M/s Countrywide Promoters Pvt. Ltd.
Ms. Priyanka Agarwal
Sh. Venket Rao
3
CR/5602/2019
Tarun Tuli Vs. M/s BPTP Limited
and M/s Countrywide Promoters Pvt. Ltd.
Sh. Nilotpal Shyam
Sh. Venket Rao
4
CR/2671/2020
Mukesh Agarwal Vs. M/s BPTP
Limited and M/s Countrywide Promoters Pvt. Ltd.
Ms. Priyanka Agarwal
Sh. Venket Rao
5
CR/2772/2020
Nitin Kumar Vs. M/s BPTP
Limited and M/s Countrywide Promoters Pvt. Ltd.
Ms. Daggar Malhotra
Sh. Venket Rao
6
CR/2823/2020
Vivek Kumar Vs. M/s BPTP
Limited and M/s Countrywide Promoters Pvt. Ltd.
Ms. Priyanka Agarwal
Sh. Venket Rao
7
CR/2936/2020
Ila Vashista Vs. M/s BPTP
Limited and M/s Countrywide Promoters Pvt. Ltd.
Ms. Priyanka Agarwal
Sh. Venket Rao
8
CR/2949/2020
Deeksha Seethapathy Vs. M/s
BPTP Limited and M/s Countrywide Promoters Pvt. Ltd.
Shri
Sh. Venket Rao
9
CR/3009/2020
Mrs. Shilpa Vs. M/s BPTP
Limited and M/s Countrywide Promoters Pvt. Ltd.
Ms. Priyanka Agarwal
Sh. Venket Rao
10
CR/3010/2020
Kirti Rathore Vs. M/s BPTP
Limited and M/s Countrywide Promoters Pvt. Ltd.
Ms. Priyanka Agarwal
Sh. Venket Rao
11
CR/3012/2020
Ankita Sharma Vs. M/s BPTP
Limited and M/s Countrywide Promoters Pvt. Ltd.
Ms. Priyanka Agarwal
Sh. Venket Rao
12
CR/3013/2020
Vishal Rana Vs. M/s BPTP
Limited and M/s Countrywide Promoters Pvt. Ltd.
Ms. Priyanka Agarwal
Sh. Venket Rao
13
CR/3126/2020
Pawan Kumar Vs. M/s BPTP
Limited and M/s Countrywide Promoters Pvt. Ltd.
Sh. Sukhbir Yadav
Sh. Venket Rao
14
CR/3134/2020
Satyanarayan Panda Vs. M/s BPTP
Limited and M/s Countrywide Promoters Pvt. Ltd.
Ms. Priyanka Agarwal
Sh. Venket Rao
15
CR/3195/2020
Tishar Adesara Vs. M/s BPTP
Limited and M/s Countrywide Promoters Pvt. Ltd.
Ms. Priyanka Agarwal
Sh. Venket Rao
16
CR/3196/2020
Swati Virmani Vs. M/s BPTP
Limited and M/s Countrywide Promoters Pvt. Ltd.
Ms. Priyanka Agarwal
Sh. Venket Rao
17
CR/3199/2020
Vaibhav Gupta Vs. M/s BPTP
Limited and M/s Countrywide Promoters Pvt. Ltd.
Ms. Priyanka Agarwal
Sh. Venket Rao
18
CR/3337/2020
Saurabh Gupta Vs. M/s BPTP
Limited and M/s Countrywide Promoters Pvt. Ltd.
Ms. Priyanka Agarwal
Sh. Venket Rao
19
CR/3340/2020
Sushil Kumar Jain Vs. M/s BPTP
Limited and M/s Countrywide Promoters Pvt. Ltd.
Ms. Priyanka Agarwal
Sh. Venket Rao
20
CR/3346/2020
Deepa Gupta Vs. M/s BPTP
Limited and M/s Countrywide Promoters Pvt. Ltd.
Ms. Priyanka Agarwal
Sh. Venket Rao
21
CR/3350/2020
Badri Prashad Gupta Vs. M/s
BPTP Limited and M/s Countrywide Promoters Pvt. Ltd.
Ms. Priyanka Agarwal
Sh. Venket Rao
22
CR/3376/2020
Vikas Mehta Vs. M/s BPTP
Limited and M/s Countrywide Promoters Pvt. Ltd.
Ms. Priyanka Agarwal
Sh. Venket Rao
23
CR/3377/2020
Vijay Kumar Vs. M/s BPTP
Limited and M/s Countrywide Promoters Pvt. Ltd.
Ms. Priyanka Agarwal
Sh. Venket Rao
24
CR/3378/2020
Sudesh Gupta Vs. M/s BPTP
Limited and M/s Countrywide Promoters Pvt. Ltd.
Ms. Priyanka Agarwal
Sh. Venket Rao
25
CR/3379/2020
Rajesh Kumar Vs. M/s BPTP
Limited and M/s Countrywide Promoters Pvt. Ltd.
Ms. Priyanka Agarwal
Sh. Venket Rao
26
CR/3380/2020
Deepak Luthra Vs. M/s BPTP
Limited and M/s Countrywide Promoters Pvt. Ltd.
Ms. Priyanka Agarwal
Sh. Venket Rao
27
CR/3381/2020
Ashish Midhha Vs. M/s BPTP
Limited and M/s Countrywide Promoters Pvt. Ltd.
Ms. Priyanka Agarwal
Sh. Venket Rao
28
CR/3382/2020
Indu Deshawar Sachdev Vs. M/s
BPTP Limited and M/s Countrywide Promoters Pvt. Ltd.
Ms. Priyanka Agarwal
Sh. Venket Rao
29
CR/3388/2020
Sudhanshu Singhal Vs. M/s BPTP
Limited and M/s Countrywide Promoters Pvt. Ltd.
Ms. Priyanka Agarwal
Sh. Venket Rao
30
CR/3389/2020
Shriya Chakraborty Vs. M/s BPTP
Limited and M/s Countrywide Promoters Pvt. Ltd.
Ms. Priyanka Agarwal
Sh. Venket Rao
31
CR/3394/2020
Ajay Chaturvedi Vs. M/s BPTP
Limited and M/s Countrywide Promoters Pvt. Ltd.
Ms. Priyanka Agarwal
Sh. Venket Rao
32
CR/3604/2020
Kiran Singh Vs. M/s BPTP
Limited and M/s Countrywide Promoters Pvt. Ltd.
Ms. Priyanka Agarwal
Sh. Venket Rao
33
CR/3605/2020
Hari Narayan Singh Vs. M/s BPTP
Limited and M/s Countrywide Promoters Pvt. Ltd.
Ms. Priyanka Agarwal
Sh. Venket Rao
34
CR/3670/2020
Narender Kumar Sharma Vs. M/s
BPTP Limited and M/s Countrywide Promoters Pvt. Ltd.
Sh. Daggar Malhotra
Sh. Venket Rao
35
CR/3734/2020
Digvijay Singh Vs. M/s BPTP
Limited and M/s Countrywide Promoters Pvt. Ltd.
Ms. Priyanka Agarwal
Sh. Venket Rao
36
CR/3844/2020
Alok Kumar Vs. M/s BPTP Limited
and M/s Countrywide Promoters Pvt. Ltd.
Sh. Joel
Sh. Venket Rao
37
CR/3845/2020
Rakesh Kumar Vs. M/s BPTP
Limited and M/s Countrywide Promoters Pvt. Ltd.
Sh. Joel
Sh. Venket Rao
38
CR/3886/2020
Ranjeet Sharma Vs. M/s BPTP
Limited and M/s Countrywide Promoters Pvt. Ltd.
Ms. Priyanka Agarwal
Sh. Venket Rao
39
CR/3940/2020
Namrata Sharma Vs. M/s BPTP
Limited and M/s Countrywide Promoters Pvt. Ltd.
Ms. Priyanka Agarwal
Sh. Venket Rao
40
CR/4119/2020
Amit Arora Vs. M/s BPTP Limited
and M/s Countrywide Promoters Pvt. Ltd.
Ms. Priyanka Agarwal
Sh. Venket Rao
41
CR/4428/2020
Archana Vs. M/s BPTP Limited
and M/s Countrywide Promoters Pvt. Ltd.
Sh. Joel
Sh. Venket Rao
42
CR/6711/2019
Anjali Sachdeva Vs. M/s BPTP
Limited and M/s Countrywide Promoters Pvt. Ltd.
Sh. Pawan Kumar Ray
Sh. Venket Rao
43
CR/285/2020
Deepak Sharma Vs. M/s BPTP
Limited and M/s Countrywide Promoters Pvt. Ltd.
Sh. Amit Jaglan
Sh. Venket Rao
44
CR/291/2020
Brijesh Kumar Sharma Vs. M/s
BPTP Limited and M/s Countrywide Promoters Pvt. Ltd.
Sh. Amit Jaglan
Sh. Venket Rao
45
CR/623/2020
Pankaj Pandey and Swati Chandra
Vs. M/s BPTP Limited and M/s Countrywide Promoters Pvt. Ltd.
Sh. Himanshu Suman
Sh. Venket Rao
The
core issues emanating from them are similar in nature and the complainant (s)
in the above referred matters are allottees of the project, namely, Spacio (group housing complex) being
developed by the same respondent promoter i.e., BPTP. The terms and conditions of the builder
buyer’s agreements that had been executed between the parties inter se are
also almost similar. The fulcrum of the issue involved in all these cases
pertains to failure on the part of the respondent/promoter to deliver timely
possession of the units in question, seeking award for delayed possession
charges. In several complaints, the complainants have refuted various charges
like increase in super area, cost escalation, STP charges, taxes viz GST and
VAT etc, advance maintenance charges, holding charges, PLC etc.
Since, common
issues with regard to super area, cost
escalation, STP charges, electrification
charges, taxes viz GST and VAT etc,
advance maintenance charges, car
parking charges, holding charges, club
membership charges, PLC, development location
charges and utility connection charges, EDC/IDC
charges, fire fighting/power backup
charges are involved in all these cases and others pending against the
respondent in this project as well as in other projects developed by the
respondent, so vide order dated 06.07.2021and 17.08.2021, an expert committee
headed by Sh. Manik Sonawane IAS
(retired) with Sh. Laxmi Kant Saini CA and Shri R.K. Singh CTP (retired) was
constituted and was asked to submit its report on the above mentioned issues.
The representatives of the allottees were also associated with the committee.
The report was submitted and the same along with annexures was uploaded on
the website of the authority. Both the parties were directed to file objections
to that report, if any. The complainants did not file any objection and the
respondent/ builder sought time to file the same but did not opt for the same
despite time given in this regard. The
report of the committee was accepted and all the common issues as have been
mentioned above are settled in terms of the report of the committee.
The delayed possession charges are allowed in
individual cases w.e.f. the date of admissibility till offer of possession
plus 2 months after obtaining occupation certificate or actual handing over
of possession, whichever is earlier. Other
reliefs sought by the complainants in above-mentioned complaints, has been
duly settled and decided in terms of committee- report.
Complaints stand disposed
off. Detailed orders will follow. File be consigned to the registry.
|
K K KHANDELWAL VIJAY KUMAR GOYAL |
View Order |
10-May-2022 |
22-Apr-2022 |
PENDING |
Matter is adjourned to 26.04.2022 for pronouncement of Orders. |
K K KHANDELWAL VIJAY KUMAR GOYAL |
View Order |
06-May-2022 |
25-Mar-2022 |
PENDING |
The report of the High Powered Committee has been received and
the same has already been up-loaded on the website of the Authority.
It has been stated
on behalf of the respondent by Shri Venket Rao Advocate that objections to the
report of the above mentioned committee are to be filed and the same could not
be filed due to lack of annexures with the report. Let the annexures of the report be also
uploaded on the website of the authority. The registry is directed to do the
needful today itself.
Objections, if any, to the report of the
Committee be filed by the parties within a week with an advance copy to each other.
Part arguments heard. Matter to come up on 22.04.2022 for further
proceedings. |
K K KHANDELWAL VIJAY KUMAR GOYAL |
View Order |
01-Apr-2022 |
19-Jan-2022 |
PENDING |
The report of Committee constituted by the Authority has not yet been received so far
as two members of the committee are down with fever and Covid related symptoms.
A general request by the counsel of the complainant was made that the committee
be asked to submit its report in a time bound manner failing which the
Authority may decide the matter at its own on the basis of documents available
on the file. A reference to the
Committee be sent for submission of its report by 10.02.2022 positively.
Further after receiving the report from the committee, the same shall also be hosted on the website of the Authority by
15.02.2022 for general information to all concerned and filing of
objections, if any thereon by 28.02.2022
so that the same may be taken up on the
next date of hearing.
Matter to come up on 25.03.2022 for further proceedings. |
K K KHANDELWAL VIJAY KUMAR GOYAL |
View Order |
19-Jan-2022 |
11-Nov-2021 |
PENDING |
The High Powered Committee constituted by the
Authority for the purpose of giving its detailed report have sought time to
submit the report. Request is allowed.
Case is adjourned to 19.01.2022 for
further proceedings. |
VIJAY KUMAR GOYAL SAMIR KUMAR |
View Order |
02-Dec-2021 |
27-Sep-2021 |
PENDING |
The high powered Committee constituted by the
Authority for the purpose of giving its detailed report w.r.t various allied
issues raised by the home buyers in all the complaints have sought one months
time to submit the detailed report.
In view of this, one month time is granted. Case be adjourned to
11.11.2021. |
VIJAY KUMAR GOYAL SAMIR KUMAR |
View Order |
30-Sep-2021 |
13-Sep-2021 |
PENDING |
Vide
earlier orders dated 06.07.2021 and 17.08.2021,
a high powered committee has been
constituted headed by Shri Manik Sonawane IAS (retired) including Shri R.K.
Singh CTP retired, Shri Laxmi Kant Saini
CA, Shri Rakesh Kumar Agarwal, Senior General Manager, Finance & Accounts, Shri
Sunil Kumar Jha, Senior Vice President (Architecture) on behalf of B.P.T.P and
Shri Vineet Umesh Gupta and Shri Hardeep Singh, the nominees of the allottees
of Park Spacio project.
It has also been decided that the
nominees of the home buyers may also be included in the Committee of all the
BPTP projects viz Park Generation; Park Terra;
Amostria; Aster Garden; Mansions Park Prime etc. so that a
comprehensive inferences in the various issues as mandated for the purpose of
submissions findings by the Committee
may be made out.
The Chairman of the high powered
committee has requested for two weeks time for submission of report of the
Committee.
In view of the request made by him,
two weeks time be granted so that a
comprehensive detailed report w.r.t. various issues involved may be brought on
record. The report should be duly signed by all the Members as well as nominees
of the home buyers for the purpose of authentication.
Registry is directed to do the
needful.
Matter to come up on 27.09.2021. |
K K KHANDELWAL SAMIR KUMAR |
View Order |
27-Sep-2021 |
17-Aug-2021 |
PENDING |
Vide order dated 12.08.2021, a high powered committee headed by Shri
Manik Sonawane IAS (retired) has already been constituted for giving its
specific recommendations w.r.t various issues raised by the complainants in
their respective complaint w.r.t. various
projects of BPTP viz Park Generation; Park Spacio; Park Terra; Amostria;
Aster Garden; Mansions Park Prime etc. for which the next date of hearing is
fixed for 13.09.2021. The Committee is to give
its findings/recommendations w.r.t. below noted issues:-
1.
Super area,
2.
Cost escalation,
3.
STP charges,
4.
Electrification
charges,
5.
Taxes viz GST and
VAT etc.
6.
Advance Maintenance
charges,
7.
Car parking charges,
8.
Holding charges,
9. Club membership charges,
10.Preferential
Location charges
11.Development Location charges and Utility
connection charges,
12. EDC/IDC charges,
13. Fire Fighting/power back up charges.
The report of the Committee is awaited. Case be adjourned to 13.09.2021. |
VIJAY KUMAR GOYAL SAMIR KUMAR |
View Order |
27-Aug-2021 |
06-Jul-2021 |
PENDING |
Arguments heard. All the matters related to the project Park
Generations and Spacio of BPTP as listed below were fixed for hearing and
have been heard in a bunch as there were common issues involved in the
matters.The counsel for the allottees submitted that they are entitled
for their statutory legal right under Section 18 1 of the Act i.e. delayed
possession charges at the prescribed rate of interest i.e. @ 9.30 per annum
and the same has been taken on record.
The bench has decided
that in those matters where the occupation certificate has been obtained
delayed possession charges are to be calculated till two months from the date
of offer of possession.
At the time of taking
physical possession both the parties are directed to settle their inter se
issues in the interest of justice and resolve the matter at the earliest for
taking physical possession of the respective unit.
Objections if any may be filed by the respondent.
In cases of transfer of
units respondent shall submit the written arguments that may be taken on
record.
In complaint No.623 of 2020
-- the complainant has submitted additional application seeking possession and
challenging the termination. The respondent is directed to file reply within a
period of two weeks.
In the matters where reply has not so far been filed
respondent is directed to file reply within two weeks failing which heavy costs
will be imposed upon the respondent.
As far as complaint
No.44282020 is concerned in the proceedings dated 08.04.2021 the complainant
had disputed on the settlement arrived in the Mediation accordingly the
Authority had passed the following order -
The respondent is directed to hand over the physical
possession of the unit to the complainant after completing all the pending
works within a period of one month in compliance of the settlement deed arrived
between the parties during mediation irrespective of the payment of Rs. 2 Lakhs
made by the complainant which will be paid to the complainant after conveyance
deed.
The respondent has requested that the matter may be heard
afresh. The Authority had observed that this settlement has been abrogated
accordingly matter may be heard afresh.
However the issue regarding payment of Rs.2 Lacs to be paid by the
complainant to the respondent and execution of conveyance deed by the
respondent thereon be heard afresh.
Therefore the settlement correcting the proceedings dated 08.04.2021
the settlement is abrogated and the next date of hearing 17.08.2021.
So far as
all other sundry issues listed below are concerned i.e.
1. Super area
2. Cost
escalation
3. STPelectrification
charges
4. Taxes GST VAT
etc.
5. Club
membership charges
6. Car parking
charges
7. EDC and IDC.
The committee headed by Shri Manik Sonawane IAS retired will have a depth analysis in
the matters related to the project in question.
The committee members will be paid the
honorarium mentioned against each of them for all the cases under
consideration.
Shri Manik Sonawane
IAS retired Actual expenses plus TADA admissible to him Rs. 500000-
honorarium Shri R.K.Singh CTP retired - Rs. 250000- Shri Laxmi Kant
Saini CA - Rs. 250000- Two
representatives of the respondent company - Shri Rakesh Kumar Agarwal Senior
General Manager Finance Accounts and Shri Sunil Kumar Jha Senior Vice
President Architecture Two nominees of the allottees - Nil
The cost of the honorarium to be paid to the
members of the committee shall be borne by the respondent.
The
Committee shall submit his report within a period of 15 days.
Matter
to come up on 17.08.2021. |
K K KHANDELWAL SAMIR KUMAR VIJAY KUMAR GOYAL |
View Order |
03-Sep-2021 |
08-Apr-2021 |
PENDING |
Proceedings During the course of hearing
several issues were raised by the complainants which are of grave nature:-
1. Increase
in super area:
Most of the complainants have raised the issue of increase in super area/
saleable area. The detail justification of increase in super area needs to be
given by the promoter.
2. Determination of super area:
Most of the
complainants have suspected/objected regarding the super area of the unit. The
promoter is required to give calculation/justification regarding super area.
The promoter is required to intimate
sanctioned built up area i.e. both FAR
area as well as non-FAR area.
3. Charging
of cost of STP from the buyers.
Justification regarding charging of cost of the STP as well as the
apportionment of STP of individual unit be submitted.
4. Electrification charges:
The justification
for charging for the electrification and also calculation regarding
apportionment electrification charges on individual unit be provided by the
promoter.
5. Justification for charging GST/VAT/Service
tax.
Applicability and
justification of charging GST/VAT/Service tax be also provided by the promoter.
The promoter shall provide this information within 15 days from the date of uploading of this
order.
The respondents are directed to file
reply within a period of 15 days with an advance copy to the complainant (s) in
cases where reply has not been filed so far.
Written submissions, if any, may
also be filed within 15 days from the date of uploading of this order.
Matter to come up on 06.07.2021
for final arguments |
K K KHANDELWAL SAMIR KUMAR |
--- |
--- |
24-Feb-2021 |
PENDING |
Part
arguments heard.
Both the parties are
directed to submit their written submissions by 05.03.2021 and copy of the same
be supplied to each other.
Matter to come up on
08.04.2021 for final arguments and decision |
K K KHANDELWAL SAMIR KUMAR SUBHASH CHANDER KUSH |
--- |
--- |
19-Jan-2021 |
FIRST HEARING |
Proceedings
There are 121 cases listed
today and in all these cases BPTP Ltd.
is the respondent. These cases relate to three projects, namely, Spacio (95 cases), Terra (22 cases) Centra
One (2 cases) and Park Prime (2 cases).
Out of these 121 cases, reply has been filed in the following 22 cases:-
(in 13 cases of project Spacio) bearing CR
No.561/2019, CR 4308/2019, CR 6791/2019, CR 290/2020, CR 285/2020, CR 288/2020, CR 291/2020,
CR 289/2020, CR 3378/2020, CR 3348/2020,
CR 3380/2020, CR 2823/2020, CR 2665/2020.
(in 5 cases of Project Terra) bearing CR
2391/2019, CR 2392/2019, CR
3258/2019, CR 706/2020, CR 2927/2020,
(in 2
cases of Project Centra One) CR 419/2019 and
CR 2274/2019
(in 2
cases of Project Park Prime) CR 2889/2020 and CR 3001/2020
It is informed by the
Registry that service in the cases where reply has not been filed is
complete. The counsel for the
respondent intimated that in one CR No.3365 of 2020 they have not received
any copy of the complaint either from the complainant or from the Registry.
The counsel for the complainant has made a statement that he has a proof that
service is complete. The Assistant Registrar is directed to conduct an
enquiry whether the service is complete or not. But for the sake of at least
now for furnishing reply by the respondent, copy of complaint be handed over
to the counsel for the respondent by the counsel for the complainant.
The counsel for the
respondent further submitted that they have filed reply in 27 cases whereas
Registry is showing that reply is filed only
in 22 cases. Regarding these 5 cases, proof shall be submitted by the
respondent and an additional copy be
made available to the Registry within 3 days.
With a view to enforce discipline regarding filing reply, the
authority decided to impose penalty of Rs.10,000/- in each case where
complaint was filed prior to month of October 2020 and reply has not yet been
filed. The respondent is directed to file reply within 15 days as has been
committed by the counsel for the respondent otherwise they will be liable to
a penalty of Rs.25,000/- in each case.
The promoter is also directed to
file on affidavit information relating to following:-
i)
The nomenclature of unit numbers used in
approved building plans and occupation certificate is at variance with the
nomenclature used for marketing. The
respondent in the replies filed so far has not clarified the position
regarding respective towers named as Tower M, Tower N, Tower P, Tower Q,
Tower L, Tower K etc. It is so confusing that nothing can be made out from
the documents filed whether the occupation certificate for the towers in subject-matter cases has been
obtained. This should have been
informed to the allottee much prior to obtaining occupation certificate based
on the approved building plans.
ii)
The promoter to submit attested copies of
documents submitted to the department alongwith application for obtaining
occupation certificate and subsequently to attend observations raised by the
competent authority.
iii)
The deed of declaration and documents filed
in compliance of provisions of Haryana Apartment Ownership Act, 1983 in
respect of each such concern deed of declaration where the unit of the
complainant is covered.
iv)
A consolidated statement of unit wise
details of super area, carpet area at
the time of booking or original building plans approved and at the time of
offering possession and justification.
v)
The details of charges demanded from the
allottees which are not part of Builder Buyer Agreement alongwith
justification.
vi)
The details of charges demanded from the
allottees which have been disputed, the reason and justification of such
demands.
vii)
The occupation certificate in respect of Towers K, L, N ( as per occupation certificate Tower 8, 9
and 11 and EWS Block A & B) was obtained on 30th July
2020 vide No.ZP-437-Vol.II/JD
(AS)/2020/13344 and in respect of towers M, P, Q (as per occupation certificate Tower
10,12,13 and EWS Block-B balance units) on 15th January 2021 vide
No.ZP-437-Vol.III/AD (RA)/2020/890. The promoter is duty bound to offer
possession within two months of obtaining occupation certificate but in some
cases it has not been done, the reasons be given by the promoter.
viii)
The copy of occupation certificate received
in respect of Towers where the units in the complaints are situated be also
submitted.
ix)
The detailed justification of various
parameters included in the cost escalation either taken from CPWD
sources or from the internal documents of the promoter
be submitted.
CR
No.3845/2020, CR 3844/2020, CR 3846/2020, CR 2927 of 2019 and CR 3948 of 2020
pertain to refund, hence these complaints be transferred to Adjudicating Officer
and the next date of hearing will be notified
by the Registry.
Some of the allottees have
brought to the notice of the authority that their units have changed
unilaterally without their consent which is mandatory requirement under
section 14 of the Real Estate
(Regulation and Development) Act, 2016.
The counsel for the
complainants were asked to submit their detailed arguments in respect of the
relief sought by the complainants in their complaints.
Matter to come up on 24.02.2021.
|
K K KHANDELWAL SAMIR KUMAR SUBHASH CHANDER KUSH |
View Order |
23-Feb-2021 |