Subhash Chander Kush ORDER
1. A complaint dated 26.09.2018 was filed under section 31 of the Real Estate (Regulation and Development) Act, 2016 read with rule 28 of the Haryana Real Estate (Regulation and Development) Rules, 2017 by the complainant Mr. Vijay Sagar, against the promoter M/s. VSR Infratech Pvt. Ltd. in respect of apartment/unit described below in the project '68 Avenue', Sector-68, Gurugram on account of violation of the section 11(4)(a) of the Act ibid for not developing the project within stipulated period.
2. Since, the space buyer agreement has been executed on 25.06.2013 i.e. prior to the commencement of the Real Estate (Regulation and Development) Act, 2016, therefore, the penal proceedings cannot initiated retrospectively Hence, the authority has decided to treat the present complaint as an application for non-compliance of contractual obligation on the part of the promoter/respondent in terms of section 34(f) of the Real Estate (Regulation and Development) Act, 2016.
3. The particulars of the complaint case are as under:-
4. The details provided above have been checked on the basis of record available in the case file which have been provided by the complainant and the respondent. A space buyer's agreement dated 25.06.2013 is available on record for the aforesaid plot. Therefore, the promoter has not fulfilled his committed liability as on date.
5. Taking cognizance of the complaint, the authority issued notice to the respondent for filing reply and appearance. the respondent appeared on 22.01.2019. The case came up for the hearing on 22.01.2019 and 28.02.2019. The reply was filed by the respondent which has been perused by the authority.
Facts of the complaint
6. Briefly stated, the facts of the case of the complaint that the complainant along with his family members and friends visited the site. The local representative of developer allured the complainant with brochure and special characteristics of project and assured that project will be handover within 36 months from date of booking.
7. The complainant booked a shop admeasuring 249 sq. ft. in project 68 Avenue on date 30.12.2011 and paid Rs. 5,00,000/- booking amount along with application form.
8. On 06.02.2013 respondent sent an allotment letter of commercial unit No. GA-14 in 68 Avenue in Sector-68, Gurugram.
9. On 25.06.2013, a pre-printed, arbitrary, one sided and unilateral shop buyer agreement was executed between complainant and respondent after a long follow-up. The agreement was executed after 18 months of booking date.
10. The complainant observed that there is no progress in construction of shop for a long time, where he raised his grievance to respondent. Though the complainant was always ready and willing to pay the remaining installments provided that there is progress in the construction of shop.
11. Since August, 2015 complainant is regularly visiting to the office of respondent as well as construction site and making efforts to get the possession of allotted shops, but all in vain, in spite of several visits by the complainant. The complainant never been able to know the actual status of construction.
12. It is pertinent to mention here that construction was commenced on 01.08.2012 and the complainant in the paid more than 95% of the actual amounts of shop and willing to pay the remaining amount, the respondent party has failed to deliver the possession of shop.
13. On 07.03.2017, complainant sent a grievance letter to respondent alleging delay in handing over the shop and asked for completion and handing over the possession of shop, compensation @ 20% p.a. for delay in handing over possession of the shop and actual area of shop.
14. The complainant again sent a grievance latter to respondent on date 12.06.2017, alleging non response on emails and letter and again asked for firm date of possession of shop.
15. On date 30.08.2018, the........