15-Mar-2024 |
DISPOSED |
On the last date of
hearing, AR of the respondent stated that he shall file the written submissions
within 15 days with an advance copy to the complainant.
No written
submissions have been filed till date.
The present
complaint was filed on 20.04.2023 and reply has been filed on 19.10.2023.
S. No.
Heads
Information
1.
Name and location of the project
“Paradise”, Sector-62, Gurugram, Haryana
2.
Nature of the project
Affordable Housing
3.
DTCP license no. and validity status
05 of 2016 dated 30.05.2016 valid upto 29.05.2021
and 26 of 2014 dated 11.06.2014 valid upto 20.07.2021
4.
RERA registered/ not registered and validity status
Registered vide registration no. 178 of
2017 dated 01.09.2017 and valid up to 29.05.2021
5.
Unit no.
802, 8th floor, Tower - 5
(Page no. 38
of the complaint)
6.
Unit admeasuring
566 sq. ft.
(Page no. 38 of the complaint)
7.
Date of booking
05.06.2017
(As per page 30 of complaint)
8.
Date of allotment
05.06.2017
(As per page 30 of complaint)
9.
Date of flat buyer’s
agreement
24.06.2017
(Page 37 of
complaint)
10.
Total
consideration
Rs. 23,09,500/-
(As per page 40 of complaint)
11.
Total amount
paid by the
complainants
Rs. 24,67,323/-
(As per page 28 of complaint)
Rs. 23,09,500/-
(As per page 5 of reply)
12.
Possession
clause
8.1.
The company shall endeavour to complete
the construction and handover the possession of the apartment within a period
of said apartment within a period of 4 years from the date of grant of
sanction of building plans for the project or the date of receipt of
environmental clearances.
(Emphasis supplied)
13.
Date of
approval of building plans
To be ascertained
14.
Date of
environmental clearances
28.07.2017
(page 25 of reply)
15.
Due date of
delivery of possession
28.01.2022
28.07.2021 + 6 months of grace period
16.
Occupation
Certificate
Not obtained/to be ascertained
17.
Offer of
possession
Not offered
1.
The counsel for the complainat states that they are seeking
delayed possession charges as they have already paid 100% amount of the unit
and due date of possession was 28.1.2022 (incluidng six months grace period)
and the respondent has not received the OC and offer the unit.
2.
The counsel fo the respsondent states that they have applied
for OC and they expect the OC will be received within next 2-3 months and post
receipt of the OC they shall offer the unit to the complaiant-allottee. Further
stated that the construction of the project has been completed and respondent
is waiting only for OC which is pre-requisite for making offer of possession to
the allottee.
3.
Undoubedly, there is a delay in the handing over the unit .
Hence the Delay possesion charges @ 10.85% p.a. is hereby allowed from the due
date of possession alongwith a direction
to handover the possession within 60
days after obtaining OC from the competent authroity. Further the resondent
should lnot charge any charges beyond BBA.
4.
Matter stands disposed off. Detailed orders will follow. |
SANJEEV KUMAR ARORA |
View Order |
21-Mar-2024 |
01-Dec-2023 |
PENDING |
The present
complaint was filed on 20.04.2023 and reply has been filed on 19.10.2023.
S. No.
Heads
Information
1.
Name and location of the project
“Paradise”, Sector-62, Gurugram, Haryana
2.
Nature of the project
Affordable Housing
3.
DTCP license no. and validity status
05 of 2016 dated 30.05.2016
valid upto 29.05.2021 and 26 of 2014 dated 11.06.2014 valid upto 20.07.2021.
4.
RERA registered/ not registered and validity status
Registered vide registration
no. 178 of 2017 dated 01.09.2017 and valid up to 29.05.2021
5.
Unit no.
802, 8th floor, Tower - 5
(Page
no. 38 of the complaint)
6.
Unit admeasuring
566 sq. ft.
(Page no. 38 of the complaint)
7.
Date of booking
05.06.2017
(As per page 30 of complaint)
8.
Date of allotment
05.06.2017
(As per page 30 of complaint)
9.
Date of flat buyer’s
agreement
24.06.2017
(Page 37 of complaint)
10.
Total
consideration
Rs. 23,09,500/-
(As per page 40 of complaint)
11.
Total amount
paid by the
complainants
Rs. 24,67,323/-
(As per page 28 of complaint)
Rs. 23,09,500/-
(As per page 5 of reply)
12.
Possession
clause
8.1.
The
company shall endeavour to complete the construction and handover the
possession of the apartment within a period of said apartment within a period
of 4 years from the date of grant of sanction of building plans for the
project or the date of receipt of environmental clearances.
(Emphasis supplied)
13.
Date of
approval of building plans
To be ascertained
14.
Date of
environmental clearances
28.07.2017
(page 25 of reply)
15.
Due date of
delivery of possession
28.01.2022
28.07.2021 + 6 months of grace period
16.
Occupation
Certificate
Not obtained/to be ascertained
17.
Offer of
possession
Not offered
1.
The counsel for the complainant is seeking DPC and possession
of the unit but the AR of the respondent states that he shall file the written
submissions within 15 days with an advance copy to the complainant and matter
shall be argued on the next date of hearing.
2.
Matter to come up on 15.03.2024 for further
proceedings. |
SANJEEV KUMAR ARORA |
View Order |
11-Dec-2023 |
15-Sep-2023 |
FIRST HEARING |
The present
complaint was filed on 20.04.2023 and registered as complaint no. 1555
of 2023. As per the registry, the complainant had sent a copy of complaint
through speed post as well as through email and proof regarding having the
delivery of the complaint made to the respondent is submitted by the
complainants as available in the file. Written reply not filed by the
respondent.
Shri
Sidharth Sehjwal, AR of the respondent
company has put in appearance
and requests for filing of reply in one
week. Respondent is directed to file a reply within three weeks in the registry of the authority failing
which cost of Rs. 5000/- shall be imposed. Last opportunity for filing the reply is given to
the respondent and in case reply is not filed within the time allowed, the
defence of the respondent shall be
struck off.
Matter to come up on 1.12.2023 for further
proceedings. |
VIJAY KUMAR GOYAL |
View Order |
22-Sep-2023 |