| 17-Aug-2023 |
DISPOSED |
Order pronounced.
The respondent shall pay delayed
possession interest at the prescribed rate i.e., 10.75 % per annum for every
month of delay on the amount paid by the complainant from due date of
possession till the date of offer of possession plus two months as per
proviso to section 18(1) of the Act read with rule 15 of the rules.
Detailed order will
follow. Matter stands disposed off. File be consigned to the registry. |
VIJAY KUMAR GOYAL |
View Order |
27-Aug-2023 |
| 18-Jul-2023 |
RESERVED |
The present complaint has been received on 16.05.2022 and the reply was
received on 30.09.2022.
Succinct facts of the case as per complaint
and reply are as under:
S. No.
Heads
Description
1.
Name of the project
“Spacio’,
Sector 37D, Gurugram, Haryana
2.
Project area
43.588 acres
3.
DTCP license no.
83 of 2008 issued on
05.04.2008
Validity of license
04.04.2025
Name of the license
holder of 83 of 2008
M/s Super Belts and 4 others
Licensed area
23.814 acres
4.
RERA registration
number
300 of 2017 dated 13.10.2017
Validity of
registration certificate
w.e.f. 13.10.2017 till
12.10.2020
5.
Date of execution of flat buyer’s agreement
23.07.2012
(on page no. 37 of
complaint)
6.
Date of allotment Letter
25.07.2011
(page no. 28 of complaint)
7
Booking application
10.05.2011
(page no. 56 of reply)
8.
Unit no.
N-1405, 14th
floor, Tower-N
(page no. 44
of complaint)
9.
Unit area admeasuring
1800 sq. ft.
(on page no.
37 of complaint)
10.
Revised unit area
1865 sq. ft.
(a on page no. 172 of
reply)
11.
Total consideration
Rs 95,64,347/-
12.
Total amount paid by the complainant
Rs. 71,43,211/-
13.
Due date of delivery of possession as
per clause 3.1 of the flat buyer’s agreement i.e. within a period of 36
months from the date of booking/registration of flat and grace period
of 180 days after the expiry of 36 months, for applying and obtaining the occupation
certificate.
10.05.2014
Note: Grace period is not included
14.
Occupation certificate date
30.07.2020
(on page no.
169 of reply)
15.
Offer of possession
05.08.2020
( page no. 172 of reply)
Arguments heard.
Order reserved.
Matter
to come up on 17.08.2023 for pronouncement of order. |
VIJAY KUMAR GOYAL |
View Order |
24-Jul-2023 |
| 31-Jan-2023 |
PENDING |
Due to paucity of time matter could not be
heard.
Interims direction to continue till next date
of hearing.
Matter to come up on 18.07.2023 for further
proceedings. |
VIJAY KUMAR GOYAL ASHOK SANGWAN SANJEEV KUMAR ARORA |
View Order |
08-Feb-2023 |
| 30-Sep-2022 |
PENDING |
The present complaint was
filed on 16.05.2022 and registered as complaint no. 1985 of 2022. On the last
date of hearing, Sh. Venkat Rao Advocate, counsel for the respondent appeared
and was directed to file reply by 10.06.2022 however, no reply has been filed
till date.
The counsel for the
respondent has handed over a copy of
reply to the counsel for the complainant during proceedings. The respondent is
directed to file reply within one week i.e., 07.10.2022 in the registry 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 be struck off.
The counsel for the complainant
requests for issuance of interim direction against non- cancellation and non-
creation of any third party rights as the complainant - allottee has already
paid more than the basic amount demanded as per terms and conditions of the BBA
and now some additional demands have been raised without adjusting DPC amount. The
counsel for the respondent clarifies
that the allottee has paid an amount of Rs.71,43,211/- against a final demand
of Rs.95,64,347/-. The counsel for the complainant clarifies that this demand
is without adjustment of delayed possession charges and the basic sale price
was only to the tune of Rs.58,27,250/- alongwith charges for development, EDC, PLC, cost escalation, car parking,
electrification, STP, interest on delayed payment, fire fighting and power back
up charges, club membership, service tax/GST/VAT, stamp duty charges and
additional area increased, if any.
The respondent is directed to not
create any third party rights till next date of hearing and no coercive action
shall be taken. Further the counsel for
the complainant is directed to supply a complete copy of the complaint
including copy of power of attorney in
favour of present complainant as per law.
Matter to come up on 31.01.2023
for further proceedings. |
K K KHANDELWAL VIJAY KUMAR GOYAL |
View Order |
15-Oct-2022 |
| 27-May-2022 |
FIRST HEARING |
The present complaint was filed on 16.05.2022
and registered as complaint no. 1985 of 2022. As per the registry, complainant
has sent copy of complaint through speed post as well as through email and
proof regarding having the delivery of the complaint made to the respondents were
submitted by the complainant as available in the file. The registry of the
authority also sent a notice along with a copy of the complaint through speed
post of which delivery is not confirmed yet as per the tracking report of the
speed post available in the file. Registry has also sent the notice along with
a copy of the complaint through email at the following email addresses bdutta48@gmail.com deepak.pannu@bptp.com customercare@bptp.com shiv.nalsar@gmail.com .
The same is shown to have been delivered on
the above email address as per the report available in the file. It is proper
service of the notice.
However, no reply has been received on behalf
of the respondents till date. The counsel for the respondents requests for a
short adjournment for filing of the reply. The respondents are directed to file
reply within two weeks i.e., by 10.06.2022 in the registry with a copy to the
complainant. Last opportunity is being granted. In case reply is not filed
within the time allowed, the defense of the respondents may be struck off.
The Matter to
come up on 30.09.2022 for further proceedings. |
K K KHANDELWAL VIJAY KUMAR GOYAL |
View Order |
09-Jun-2022 |