ffiHARERA

Complaint No. 2844 of 2019

ffi.-c'-J

BEFORE THE HARYANA REAL ESTATE REGTILATORY

AUTHORITY, GURUGRAM
ComPlaint no' z 2844 of 2OL9
First date of hearing: 13.1L.2019
Date of decision : 09.01'2020

Shri Nitin Duggal

R/o H-413, Sector-7, Panchkula -l-34109
ComPlainant

M/s CHD DeveloPers Ltd.

Regd. office: 702-707, Emt Greens, Respondent
Tower-A, Sector-61-, Golf nsion
Road, Gurugram

CORAM:
Shri Samir K Member
Shri Subhash Ch
Member

APPEARANCE:
e
Shri Abhinav Sh

pondent
Shri Ravi Agrawal

1. The present

complainant

Estate (Regulation and DevelopmentJ Act, 2016 [in short, the

Act) read with rule 2B of the Haryana Real Estate (Regulation

and Development) les, 2Ot7 (in short, the Rules) for

violation of section 11(a)(a) of the Act wherein it is inter alia

prescribed that the promoter shall be responsible for all

obligations, responsibilities and functions to the allottee as per

the agreement for sale executed inter se them'

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ffiHARERA
Complaint No. 2844 of 2019
fficllRtJcRAM

The particulars of the proiect, the details of sale

consideration,
Z.

proposed handing
the amount paid by the complainant, date of
detailed in
over the possession, delay period, if any, have been

the following tabular form:

S.No. Heads Information

t. Project name and location "!06 Golf Avenue", Sector 1U6,
Gurugram, Haryana

2. Proiect area ..i , ,r . 'flg

.r .rl..ii
r,,',
'
12.344 acres
'il

3. Nature of the Projef$ Group housing Project

',8'
4. DTCP licensr no. and validitY 69 of 2072 dated 03.07.7.072
,7', i +ilu dll 02.07.2016
status ,,,.''' ,,1;',1
i1 '4:.,.i
,.,!!r!, "Enlpire Realtech.
5. Name Of liCenSee
RERA Registered/ not registerec Registered
vide no. 8 ot zure
6.
dated 2L'02'ZOL9

7. HRERA registration valid uP to 30.06.202t

B. Unit no. T,03i07/01

ffrdgu 29 ofcomPlaint]
9. U.,it r*rsrting'[su[er hiea) 1940 sq. ft.

10. ffi lr,otment I ot .tz.zotz

letter
I

I lfage 28 of comPlaintl
It. Total .' consideration ,?S Per Rs,63,53,675/-
applicant ledger dated
13.05.2019 attached at Pages
73 ofthe complaint.
12. Total amount Paid bY the Rs.58,81,745 /-
applicant Iedger dated
13.05.2019 attached at Pages
73 ofthe complaint.
13. Due date of deliverY of 07.12.2016
possession as Per clause 13 of
the said aPartment buYer
agreement i.e. 42 mo4thq-frenn

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ffi
ffi
U\RERA
{flis qrt GUl?UGRAM

the date of execu ion of the

agreement Plus gra :e period of
6 months.
[Page 4t-42 of com rlaintl
14. Offer of possessio r to the Not offered till date
complainants
15, Delay in hanr ing over 3 years 1 month and 2 daYs
possession till datr of decision
i.e.09.01.2020
16. Status of the Profer OC not received till date

.li'

17. Relief sought i. To award Interest

@19o/o
compounding from
due date of
possession till
actual possession.
ii. To cancel the unit
and refund the
I
amount if the given
I
date of possession is
not adhered to.
1...
I

To pay litigating
Ittt. cost.

3. As per clause 13 ,
,e Apattment buYer agreement, the
possession was to handed over within a Period of 42

months from the da I execution of agreement (07 .12.2012)

plus grace Period of 6 months which comes out to be

07.1.2.2016. Clause 13 of the apartment buyer agreement is

reproduced below:

" 1.3. Time of handing over tf possession: ...

(I) Barring unfore, een circumstances and force
maieure events, court indulgence as stiPulated

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 HARERA
complaint No. 2844 of 2019
ffi-GURUGRAM

hereunder, the possession of the sqid apartment is

proposed to be delivered by the company to the
allottee within 42 months(three and half years)
qgreement' subiect
from the dote of execution of this
to payment by the altottee(s) towards the basic sale
price and other charges, as demanded in terms of
this agreement. The time frome for delivery of
possession provided herein above is tentative and
shall be subiect to force maieure, court indulgence
and timely prompt payment of all instqllments and
the formalities for completion required' The
company shall be entttled to avail time for
completion of constr;uctio-n of lhe p-roject if the delay
occurs due to depaytmental delay-or any other
circumstance beyoiil'the Uov.u1 and co.ntrol of the
company. The company shall be entitled to six(6)
months additionat peiiod in the event there is delay
in handlihg 'over possession. Ho.wever,,in case of
delay beyotnd ihe pertod of six(6) months and such
delay is attributable to the company, the compony
shall be liable to pay ^compensation
@Rs10.00(Rupees ten only) per sq'ft' p-er month of
the super area af the apartment for the period of
further delay: The adiustment of compensation, if
any, shaLll.bi done at the time of conveyqnce of the
flat and not eqrlier...."
sion of the Subject apartment has not been offered

by the respondent to the complainant so far' The complainant

seeks delayed possession charges with interest, cancellation of

unit and refund. Hence, this complaint for the relief as stated
above.

5. On the date of hearing, the Authority explained to the

respondent/promoter about the contravention as alleged to

have been committed in relation to section 11,(4)[a) of the Act

to plead guilty or not to plead guilty.

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ffiHARERA
Complaint No. 2844 of 2079
ffiCUNUGRAM

6. Copies of all the relevant documents have been filed and

placed on the record. Their authenticity is not in dispute.

Hence, the complaint can be decided on the basis of these

undisputed documents.

7. The Authority on the basis of information and explanation and

other submissions made and the documents filed by the

complainant and the respondent is of considered view that
t.
there is no need of furthetll*ePqing in the complaint.

B. The Act is to protgcit tle,ilghts of the stake-holders i'e' the

promoter, allottee and fte,real estate agent as provided under

the Act and also to balance their interest as per its provisions.

The Authority is empowered to not only monitor the projects

but also to ensure their timely compliance and in case where

the projects are held up or stopped to take steps so that these

are completed in,time and interests of allottees are protected'

9. On consideration of the circumstances, the evidence and other

record and submissions made by the complainant and the

respondent and based on the findings of the authority
regarding contravention as per provisions of rule 2B(2)[a), the

Authority is satisfied that the respondent is in contravention

of the provisions of the Act. By virtue of clause L3 of the
apartment buyer agreement executed between the parties on

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 HARERA
complaint No. 2844 of 2019
GURUGRAM

07.12.2012, possession of the booked unit was to be delivered

within a period of 4}months plus 6 months' grace period from

the date of execution of said agreement. As such the due date

of delivery of possession on calculation comes out to be

07.12.2016. Accordingly, it is the failure of the promoter to

fulfil his obligations, responsibilities as per the apartment
buyer agreement dated 07.1,2.2012 to hand over the
possession within the sti$[lted period. Accordingly, the non-
r ',,.,1 ,;.

compliance of the mahdate contained in section 11[4)(a) of the

Act on the part of the respondent is established. As such the

complainant.iq entitled for delayed possession charges at the

prevalent presiribed rate of interest i.e.l-0.20o/o p.a. w'e'f'

07.L2.2016 [due date,of delivery of possessionJ till the actual

offer of possession as per,proyisions of section 1B[1) of the Act

read with rule 15 of the Rules. The complainant has paid Rs'

5B,B!,745/- as per applicant ledger dated 13.05.2019 placed

at page 73 ofthe complaint against total sale consideration of

Rs. 63,53 ,675 /-.

10. Hence, the Authority hereby pass the following order and issue

directions under section 34[0 of the Act:

i. As such the complainant is entitled for delayed

possession charges @10.20 0/o p.a. w'e.f. 07.12'2016

till offer of possession as per provisions of section

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 ffiHARERA
Complaint No. 2844 of 2019
ffi", cuRUcRAM

18[10 of the Real estate [Regulation and

Development) act,20L6. The arrears of interest
accrued so far shall be paid to the complainant within

90 days from the date of this order and thereafter

monthly payment of interest till offer of possession
shall be paid before 1Oth of subsequent month'

The complainant i pay outstanding dues,

if any, after adju terest for the delaYed

period.

iii. The res lnt

com wh i

iv. nts from the comPlainant

shall be rate of interest

@L0.200/o bY moter which is the same as is

being

pos

11,. Complaint stands disposed of.

12. File be consigned to registrY.

I
(saml{xumar) (subhash Chander Kush)
Member Member
Haryana Real Estate Regulatory Authority, Gurugram

Date: 09.01..2020
JUDGEMENT UPLOADED ON : 04.02.2020

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