This post covers judgment of Haryana RERA Panchkula Complaint against TDI Infrastructure wherein complainant sought refund of money from the project along with interest and delay compensation on account of non-timely delivery of possession. The relief of refund of relief was not accepted but interest of account of delay was awarded to the complainant.
This judgment can be referred by individuals who wish to prefer complaint against the TDI Infrastructure in Haryana RERA Panchkula Authority as benchmark.
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Let’s have the Judgment-
Haryana Real Estate Regulatory Authority
Complainant: Shalini Mittai
Respondent: TDI Infrastructure
Coram: Rajan Gupta – Chairman
Anil Kumar Panwar – Member.
Facts
The complaint is about seeking refund of the amount paid by her to the respondent along with interest. an alternative prayer of possession along with compensation for delayed delivery of possession.
The complainant is now interested in having possession of the floor along with the compensation for the respondent situated at Sonipat on 09.03.2012. Unit No. RF-56/Duplex measuring 1244 sq. fl. was allotted to her. Floor Buyer Agreement (hereinafter referred to as BBA) as executed between the delay in handing over the possession till actual handover of the unit.
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The grouse of the complainant is that there is a delay of about five years in delivery of the possession and till date the respondent has not offered her the possession of the floor. Complainant in her complaint had originally prayed for refund of the amount paid by her to the respondent along with interest; with an alternative prayer of possession along with compensation for delayed delivery of possession in her complaint. The complainant has confined his prayer to seeking possession of the floor along with the compensation for the delay in handing over the possession till actual handover of the unit.
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The provisions of Real Estate (Regulation and Development) Act, 2016 are not applicable to the present case because the EBA was executed between the parties much prior to coming into force of the Act, hence the terms of agreement executed between the parties only shall be binding on them. The delivery of possession could not be made due to pendency of an application for grant of Occupation certificate in the Director, Town & Country Planning department since 31.03.201 7 was stated by the respondent.The flat will be handed over once the occupation certificate is granted. The complainant opts for taking immediate possession of unit she will be entitled to receive the netamount of delay compensation after adjustment of receivable and payable which conies to Rs.6,56,858/-. The Authority in such case directs the respondent to handover the physical possession of the unit within 30 days of uploading of this order and pay Rs.6,56,858/- to the complainant within 90 days of the uploading of this order on the website of the Authority. As per Agreement delivery was to be made within 30 months from the date of execution of FBA. Therefore. there is no controversy that as per FBA, the deemed date possession of the unit was in 05. 10.2015. The payments made by complainant to the respondent are also admitted. The respondent further states that he had applied for OC on 3 1 .03.2017. Further since all formalities have already been completed. The unit will be delivered to the complainant immediately on payment of balance amount by the complainant.
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Since, the respondent has not been granted Occupation Certificate from the concerned department. The application for issuance of occupation Certificate vide letter dated 31.03.2017 was defective due to which the Department of Town & Country Planning has not yet granted him the Occupation Certificate.
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Respondent had earlier filed a statement of accounts dated 10.01.2()20 and supplied its copy to the complainantwhich reflects as payable to the complainant on accountof delay compensation till 13.01 .2()2(). The calculations made by the respondent in the revised statement of accounts dated are acceptable to the complainant. As per the aforesaid statement of accounts Rs.1,189, 161/- is shows as the amount payable to complainant as compensation on account of delay in handover of possession of the unit. The said account statement also reflects Rs.05,32,303/- as amount payable by the complainant to respondent.
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In these circumstances, the complainant is given an option to either takeover possession of the unit along with the net amount of delay compensation after adjustment of receivable and payable which comes to Rs.6,56,858/- or she can opt to take delivery of the unit on receipt of Occupation certificate by the respondent and in that case she shall be entitled to be compensated for the delay caused in delivery of possession found the deemed date of possession till the date of grant of occupation on Certificate by the concerned department. In the latter case, the amount of delay compensation payable to the complainant will continue to accrue in favour of the complainant till the date of grant of Occupation Certificate by the concerned department.
The respondent has challenged the jurisdiction of this authority for the reasons that the agreement between the parties was executed prior to coming into force of RFRA Act. This objection is not sustainable in view of the law laid down by this Authority in Complaint case No. 144- Sanju Jain vs. Infrastructure Ltd. The logic and reasoning in that complaint are fully applicable on the facts of this case as well.
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Judgement
The complainant exercises her option to wait the delivery of possession till the obtaining of Occupation Certificate by the respondent, she shall be entitled to a further amount of delay compensation which shall continue to accrue in favour of her till the date of grant of Occupation Certificate from the concerned department. In such case. the respondent shall handover the possession of the unit on obtaining Occupation Certificate and shall be bound to pay the total amount of delay compensation accrued in favour of complainant till grant of Occupation Certificate.
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Respondent shall also periodically apprise the complainant the status of the application for obtaining Occupation Certificate.
Disposed of accordingly. File be consigned to the record room and the order be uploaded on the website of the Authority.
Also Read- Consumer Complaints against Builder in Haryana for Delay in Possession.
For case specific advice, please contact best/top/expert RERA Real Estate Panchkula Lawyers Advocates in Chandigarh Panchkula Mohali Kharar Derabassi Zirakpur etc.
This post is written by Swetha Ravidas.
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