Synopsis

The complainant is a Resident of India, residing in #1624, Sector 36 D, Chandigarh

and has given her money to MVL limited for purchasing a property in their new project

called “INDIA BUSSINESS CENTRE” located in village Behgampur Khatola, Tehsil and

District Gurgaon, Haryana. The complainant opted for an IT/Cyber space with the super

area of 500 sq. ft. and was allotted Unit No.4C-05 in Wing C on the 4th floor of the

complex. The total consideration for the said IT/Cyber space, which the complainant

had given to the OP, is attached as ANNEXURE C-1. The complainant had booked the

above mentioned property on 10.11.2010 at Gurgaon. Subsequently the complainant

entered into an ASSURED RETURN AGREEMENT with the OP wherein the OP was under

the legal obligation to pay the complainant Rs.40 per sq. ft per month from the date of

execution of the said agreement till the delivery of possession/tenant is inducted/lease

commences or first rental is received by the complainant. It is pertinent to mention here

that some of the cheques got encashed and thereafter, the cheques started bouncing.

On enquiry about the same the OP gave vague and uncertain answers and from that

time onwards it is just a continuing cause of action. Moreover, it’s been more than 7

years and still there has been no Buyer’s Agreement executed between the complainant

and OP. The complainant even tried to communicate with the OP via personal meetings,

telephone and mail but sometime they gave no/vague answers. Till date the OP has not

given any concrete answer about the date of possession, on entering buyer’s

agreement.

The complainant craves the indulgence of the REAL ESTATE REGULATORY AUTHORITY

for the delivery of possession of IT/Cyber space booked by the complainant at “INDIA

BUSSINESS CENTRE” along with other relief’s especially the pending amount qua the

Assured Return Agreement as well as the interest per month on the deposited money

as well as compensation, as mentioned in detail in the complaint

Himanshu Raj & Anshu Chaudhary

Law Office of Himanshu Raj
House No.102, Sector 10 A, Chandigarh
Mob: 9988200001, Landline: 0172-4181010, 4190909
Advocate for the complainant
 IN THE HARYANA REGULATORY AUTHORITY OFFICE

Complaint No……....2017

(Complaint under section 31 of Real Estate Regulation and development Act, 2016 R/w

Rule No 28 and Rule 29 of Haryana Real Estate (Regulation and Development) Rules,

2017

Between

Ms. Baljit Kaur, R/o #1624, Sector 36 D, Chandigarh

…..Complainant

Versus

M/s MVL Limited through its chairman and Managing director

……Respondent

1. Particulars of the Complainant:

(i) Ms. Baljit Kaur

(ii) House No. 1624

Sector 36 D
Chandigarh-160036
(iii) House No. 1624
Sector 36 D
Chandigarh-160036
(iv) Contact No: +91-9717755199

2. Particulars of the Respondent:

(i) MVL Limited, through its Managing Directors

(ii) Millennium Plaza
Tower A
Ground floor
Sushant Lok 1
Sector 27
Gurgaon-122002

Alt Address (New)

 MVL I-Park
6th Floor, Wing A
Near Red Cross Society
Chandan Nagar, Sector-15 (II)
Gurgaon, Haryana - 122001

Address for services of all notices:

(iii) MVL I-Park

6th Floor, Wing A
Near Red Cross Society
Chandan Nagar, Sector-15 (II)
Gurgaon, Haryana – 122001

(iv) Contact No: +91-124-4836580, +91-8882008888

3. Jurisdiction of the regulatory

Complainant declares that the subject matter of the claim falls within the jurisdiction of

the regulatory authority.

Complainant under section 31 of Real Estate Regulation and Development Act, 2016

read with Rule 28 and Rule 29 of the Haryana Real Estate (Regulation and

Development) Rules, 2017 against the non delivery of the possession of the property in

question in the real estate project “MVL INDIA BUSSINESS CENTRE” situated in village

Behgampur Khatola, Tehsil and District Gurgaon, Haryana

For the convenience of the Authority the bare provisions which are mentioned above

are reproduced hereunder as:-

Section 31 of Real Estate Regulation and Development Act, 2016:

(1) Any aggrieved person may file a complaint with the Authority or the adjudicating

officer, as the case may be, for any violation or contravention of the provisions of

this Act or the rules and regulations made thereunder against any promoter

allottee or real estate agent, as the case may be.

(2) The form, manner and fees for filing complaint under sub-section (1) shall be

such as may be specified by regulations.

Rule 28 of the Haryana Real Estate (Regulation and Development) Rules, 2017:

(1) Any aggrieved person may file a complaint with the Authority for any violation of

the provisions of the Act or the rules and regulations made thereunder, save as

those provided to be adjudicated by the adjudicating officer, in Form ‘CRA’, in

triplicate, which shall be accompanied by a fees as prescribed in Schedule III in

the form of a demand draft or a bankers cheque drawn on a Scheduled bank in

favour of “Haryana Real Estate Regulatory Authority”.

(2) The Authority shall for the purposes of deciding any complaint as specified under

sub-rule (1), follow summary procedure for inquiry in the following manner,

namely:-

(a) upon receipt of the complaint, the Authority shall issue a notice alongwith

particulars of the alleged contravention and the relevant documents to the

respondent specifying date and time of hearing;

(b) the respondent against whom such notice is issued under clause (a) of sub-rule

(2), shall file his reply in respect of the complaint within the period as specified in

the notice;

(c) the notice shall specify a date and time for further hearing and the date and time

for the hearing shall also be communicated to the complainant;

(d) on the date so fixed, the Authority shall explain to the respondent about the

contravention alleged to have been committed in relation to any of the provisions

of the Act or the rules and regulations made thereunder and if the respondent.

I. pleads guilty, the Authority shall record the plea, and pass such orders

including imposition of penalty as it deems fit in accordance with the

provisions of the Act or the rules and regulations, made thereunder;

II. does not plead guilty and contests the complaint, the Authority shall demand

an explanation from the respondent;

(e) in case the Authority is satisfied on the basis of the submissions made that the

complaint does not require any further inquiry, it may dismiss the complaint with

reasons to be recorded in writing;

(f) in case the Authority is satisfied on the basis of the submissions made that there

is a need for further hearing into the complaint, it may order production of

documents or other evidence(s) on a date and time fixed by it;

(g) the Authority shall have the power to carry out an inquiry into the complaint on

the basis of documents and submissions;

(h) the Authority shall have the power to summon and enforce the attendance of any

person acquainted with the facts and circumstances of the case to give evidence

or to produce any documents which in the opinion of the adjudicating officer,

may be useful for or relevant to the subject matter of the inquiry, and in taking

such evidence, the Authority shall not be bound to observe the provisions of the

Indian Evidence Act, 1872 (11 of 1872);

(i) on the date so fixed, the Authority upon consideration of the evidence produced

before it and other records and submissions, is satisfied that,

I. the respondent is in contravention of the provisions of the Act or the rules

and regulations made thereunder, it shall pass such orders including

imposition of penalty as it thinks fit in accordance with the provisions of the

Act or the rules and regulations made thereunder;

II. the respondent is not in contravention of the provisions of the Act or the rules

and regulations made thereunder, the Authority may, by order in writing,

dismiss the complaint, with reasons to be recorded in writing;

(j) if any person fails, neglects or refuses to appear, or present himself as required

before the Authority, the Authority shall have the power to proceed with the

inquiry in the absence of such person or persons after recording the reasons for

doing so.

(3) The procedure for day to day functioning of the Authority, which have not been

provided by the Act or the rules made thereunder, shall be as specified by

regulations made by the Authority.

(4) Where a party to the complaint is represented by an authorised person, as

provided under section 56, a copy of the authorisation to act as such and the

written consent thereto by such authorised person, both in original, shall be

 appended to the complaint or the reply to the notice of the complaint, as the

case may be.

Rule 29 of the Haryana Real Estate Regulation and Development Rules, 2017:

(1) Any aggrieved person may file a complaint with the adjudicating officer for

interest and compensation as provided under sections 12, 14, 18 and 19 in Form

‘CAO’, in triplicate, which shall be accompanied by a fee as mentioned in

Schedule III in the form of a demand draft or a bankers cheque drawn on a

Scheduled bank in favour of “Haryana Real Estate Regulatory Authority” and

payable at the branch of that bank at the station where the seat of the said

Authority is situated.
(2) The adjudicating officer shall for the purposes of adjudging interest and

compensation follow summary procedure for inquiry in the following manner,

namely:-
(a) upon receipt of the complaint, the adjudicating officer shall issue a notice along

with particulars of the alleged contravention and the relevant documents to the

respondent;
(b) the respondent against whom such notice is issued under clause (a) of sub-rule

(2) may file his reply in respect of the complaint within the period as specified in

the notice;
(c) the notice may specify a date and time for further hearing and the date and time

for the hearing shall also be communicated to the complainant;

(d) on the date so fixed, the adjudicating officer shall explain to the respondent

about the contravention alleged to have been committed in relation to any of the

provisions of the Act or the rules and regulations made thereunder and if the

respondent,
(i) pleads guilty, the adjudicating officer shall record the plea, and by order in

writing, order payment of interest as specified in rule 15 and such

compensation as he deems fit, as the case may be, in accordance with the

provisions
(ii) of the Act or the rules and regulations, made thereunder; (ii) does not

plead guilty and contests the complaint, the adjudicating officer shall

demand and explanation from the respondent;

(e) in case the adjudicating officer is satisfied on the basis of the submissions made

that the complaint does not require any further inquiry, he may dismiss the

complaint;
(f) in case the adjudicating officer is satisfied on the basis of the submissions made

that the there is a need for further hearing into the complaint, he may order

production of documents or other evidence on a date and time fixed by him;

(g) the adjudicating officer shall have the power to carry out an inquiry into the

complaint on the basis of documents and submissions;

(h) the adjudicating officer shall have the power to summon and enforce the

attendance of any person acquainted with the facts and circumstances of the

case to give evidence or to produce any documents which in the opinion of the

adjudicating officer, may be useful for or relevant to the subject matter of the

inquiry, and in taking such evidence.

(i) on the date so fixed, the adjudicating officer upon consideration of the evidence

produced before him and other records and submissions is satisfied that the

respondent is,-
(i) liable to pay interest and compensation, as the case may be, the adjudicating

officer may, by order in writing, order payment of interest as specified in rule

14 and such compensation as he deems fit.

(ii) not liable to any interest or compensation, as the case may be, the

adjudicating officer may, by order in writing, dismiss the complaint, with

reasons to be recorded in writing;

(j) if any person fails, neglects or refuses to appear, or present himself as required

before the adjudicating officer, the adjudicating officer shall have the power to

proceed with the inquiry in the absence of such person or persons after

recording the reasons for doing so.

(3) The procedure for day to day functioning of the adjudicating officer, which have

not been provided by the Act or the rules made thereunder, shall be as specified

by regulations made by the Authority.

(4) Where a party to the complaint is represented by an authorised person, a copy

of the authorisation to act as such and the written consent thereto by such

authorised person, both in original, shall be appended to the complaint or the

reply to the notice of the complaint, as the case may be.

For the convenience of this Hon’ble Authority the above mentioned sections 12, 14, 18

and 19 of the Real Estate (Regulation and Development) Act, 2016 is reproduced

herein:
Section 12: Obligations of promoter regarding veracity of the advertisement

or prospectus
Where any person makes an advance or a deposit on the basis of the information

contained in the notice advertisement or prospectus, or on the basis of any model

apartment, plot or building, as the case may be, and sustains any loss or damage by

reason of any incorrect, false statement included therein, he shall be compensated by

the promoter in the manner as provided under this Act:

Provided that if the person affected by such incorrect, false statement contained in the

notice, advertisement or prospectus, or the model apartment, plot or building, as the

case may be, intends to withdraw from the proposed project, he shall be returned his

entire investment along with interest at such rate as may be prescribed and the

compensation in the manner provided under this Act.

Section 14: Adherence to sanctioned plans and project specifications by the

promoter
(1) The proposed project shall be developed and completed by the promoter in

accordance with the sanctioned plans, layout plans and specifications as approved by

the competent authorities.

(2) Notwithstanding anything contained in any law, contract or agreement, after the

sanctioned plans, layout plans and specifications and the nature of the fixtures, fittings,

amenities and common areas, of the apartment, plot or building, as the case may be,

as approved by the competent authority, are disclosed or furnished to the person who

agree to take one or more of the said apartment, plot or building, as the case may be,

the promoter shall not make—

(i) any additions and alterations in the sanctioned plans, layout plans and

specifications and the nature of fixtures, fittings and amenities described therein

in respect of the apartment, plot or building, as the case may be, which are

agreed to be taken, without the previous consent of that person:

Provided that the promoter may make such minor additions or alterations as

may be required by the allottee, or such minor changes or alterations as may be

necessary due to architectural and structural reasons duly recommended and

verified by an authorized Architect or Engineer after proper declaration and

intimation to the allottee.

 (ii) any other alterations or additions in the sanctioned plans, layout plans and

specifications of the buildings or the common areas within the project without

the previous written consent of at least two-thirds of the allottees, other than

the promoter, who have agreed to take apartments in such building.

(3) In case any structural defect or any other defect in workmanship, quality or

provision of services or any other obligations of the promoter as per the agreement for

sale relating to such development is brought to the notice of the promoter within a

period of five years by the allottee from the date of handing over possession, it shall be

the duty of the promoter to rectify such defects without further charge, within thirty

days, and in the event of promoter's failure to rectify such defects within such time, the

aggrieved allottees shall be entitled to receive appropriate compensation in the manner

as provided under this Act.

Section 18: Return of amount and compensation.

(1) If the promoter fails to complete or is unable to give possession of an apartment,

plot or building,—

(a) in accordance with the terms of the agreement for sale or, as the case may be,

duly completed by the date specified therein; or

(b) due to discontinuance of his business as a developer on account of suspension

or revocation of the registration under this Act or for any other reason,

he shall be liable on demand to the allottees, in case the allottee wishes to withdraw

from the project, without prejudice to any other remedy available, to return the amount

received by him in respect of that apartment, plot, building, as the case may be, with

interest at such rate as may be prescribed in this behalf including compensation in the

manner as provided under this Act:

Provided that where an allottee does not intend to withdraw from the project, he shall

be paid, by the promoter, interest for every month of delay, till the handing over of the

possession, at such rate as may be prescribed.

(2) The promoter shall compensate the allottees in case of any loss caused to him due

to defective title of the land, on which the project is being developed or has been

developed, in the manner as provided under this Act, and the claim for compensation
under this subsection shall not be barred by limitation provided under any law for the

time being in force.

(3) If the promoter fails to discharge any other obligations imposed on him under this

Act or the rules or regulations made thereunder or in accordance with the terms and

conditions of the agreement for sale, he shall be liable to pay such compensation to the

allottees, in the manner as provided under this Act.

Section 19: Rights And Duties of Allottees:

(1) The allottee shall be entitled to obtain the information relating to sanctioned plans,

layout plans along with the specifications, approved by the competent authority and

such other information as provided in this Act or the rules and regulations made

thereunder or the agreement for sale signed with the promoter.

(2) The allottee shall be entitled to know stage-wise time schedule of completion of the

project, including the provisions for water, sanitation, electricity and other amenities

and services as agreed to between the promoter and the allottee in accordance with

the terms and conditions of the agreement for sale.

(3) The allottee shall be entitled to claim the possession of apartment, plot or building,

as the case may be, and the association of allottees shall be entitled to claim the

possession of the common areas, as per the declaration given by the promoter under

sub-clause (C) of clause (I) of sub-section (2) of section 4.

(4) The allottee shall be entitled to claim the refund of amount paid along with interest

at such rate as may be prescribed and compensation in the manner as provided under

this Act, from the promoter, if the promoter fails to comply or is unable to give

possession of the apartment, plot or building, as the case may be, in accordance with

the terms of agreement for sale or due to discontinuance of his business as a developer

on account of suspension or revocation of his registration under the provisions of this

Act or the rules or regulations made thereunder.

(5) The allottee shall be entitled to have the necessary documents and plans, including

that of common areas, after handing over the physical possession of the apartment or

plot or building as the case may be, by the promoter.

(6) Every allottee, who has entered into an agreement for sale to take an apartment,

plot or building as the case may be, under section 13, shall be responsible to make

necessary payments in the manner and within the time as specified in the said

agreement for sale and shall pay at the proper time and place, the share of the

registration charges, municipal taxes, water and electricity charges, maintenance

charges, ground rent, and other charges, if any.

(7) The allottee shall be liable to pay interest, at such rate as may be prescribed, for

any delay in payment towards any amount or charges to be paid under sub-section (6).

(8) The obligations of the allottee under sub-section (6) and the liability towards

interest under sub-section (7) may be reduced when mutually agreed to between the

promoter and such allottee.

(9) Every allottee of the apartment, plot or building as the case may be, shall

participate towards the formation of an association or society or cooperative society of

the allottees, or a federation of the same.

(10) Every allottee shall take physical possession of the apartment, plot or building as

the case may be, within a period of two months of the occupancy certificate issued for

the said apartment, plot or building, as the case may be.

(11) Every allottee shall participate towards registration of the conveyance deed of the

apartment, plot or building, as the case may be, as provided under sub-section (1) of

section 17 of this Act.

4. Facts of the case:

(i) That the complainant is a citizen of India and is residing at the address as

provided in the case title hereinabove. She has given her money in “MVL INDIA

BUSINESS CENTRE” situated in village Behgampur Khatola, Tehsil and District

Gurgaon, Haryana and entered into an agreement on 10.11.2010 on the basis

of assurance and promises which later on proved to be the false assurances and

promises of the agents of the MVL. The false assurance and promises will be

elaborated in the following paragraphs.

(ii) That the opposite party is a Company and has, at all material points of time,

been and is still engaged in the commercial business of developing and selling

commercial and housing projects/flats and other construction layouts to various

individuals and/or others in lieu of valuable considerations for profit being their

primary objective. The OP tagline is “Because Life's all about being Happy'

expresses the OP determination to create delightful customer experience through

quality products and admirable services to all segments of people, which

apparently was not the case in reality.

(iii) That the opposite Party is a private limited company, incorporated under the

Companies Act, 1958, was established in the year 2006. Having its office at

address mentioned above, engaged in the business of developing and promoting

constructed and under constructed residential and commercial areas. That the

OP-Builder Company as part of their business venture decided to develop an

IT/Cyber space in INDIA BUSINESS CENTRE (IBC) by MVL Limited in village

Behgampur Khatola, Tehsil and District Gurgaon, Haryana. The OP-Builder had

published various web and news advertisements as well as visual advertisements

to attract the public at large to purchase IT/Cyber space in the said project. The

OP had approached the complainant in Early 2010 persuading her to purchase an

IT/Cyber space in its said project . The company had promised the complainant

state-of-the-art office spaces in the heart of Gurgaon that is affordable yet

modern and well-equipped office project in INDIA BUSINESS CENTRE (IBC).

(iv) That the complainant being allured by the advertisements and after the

attractive projection by the Op, booked an IT/Cyber space in the said project. It

is pertinent to mention here that after the said bookings and after complying

with the initial formalities and by being fascinated by the advertisements and

believing that such highly reputed builder would deliver them the IT/Cyber

space, acted upon the commitments and promises made by the opposite party
 paid the total consideration against the property by the complainant. The

complainant paid the consideration amount by issuing cheques/DD/Rtgs No. in

favour of the opposite party. Details of the cheques/DD/Rtgs No are attached as

ANNEXURE C-1.

(v) The complainant and the Op signed an application for provisional registration of

IT/Cyber Space in INDIA BUSINESS CENTRE measuring around 500 sq. ft. on the

4th floor in the complex on 09.11.2010. The application is attached as

ANNEXURE C-11. It was assured by the OP that she will get the possession of

the property within the reasonable time period of not more than an year as

prescribed in the Buyer’s Agreement which was supposed to get executed soon

after the provisional registration but till date the same has not been entered into

or proposed to be entered by the side of the OP.

(vi) That it is pertinent to mention here that it’s been more than 7 years and 6

months from the date of execution of the provisional registration of the property

by the complainant i.e. 09.11.2010 and till date no Buyer’s Agreement has

been signed. The complainant has got no concrete legal paper depicting the legal

ownership of the property for which she has paid a huge amount of money. This

is a serious deficiency in services by the OP where the complainant has paid a

huge amount against the property but she has no concrete legal proof with her

due to the default in services of the OP. The only piece of legal proof that

the complainant possess against the IT/Cyber space booked by her in

“INDIA BUSSINESS CENTRE” is a provisional allotment letter which

was given to her on 23.06.2015. After 5 years the OP was only able to

provide the complainant with a provisional allotment letter. This

amount to serious deficiency in services by the OP as they couldn’t

even provide a concrete allotment letter to the complainant even after

5 years. The provisional allotment letter is attached as ANNEXURE C-9.

(vii) That it is pertinent to mention here that the complainant and the OP entered into

an ASSURED RETURN AGREEMENT (A.R.A) on 18th November 2010 at

Gurgaon. It is pertinent to mention here that according to the A.R.A, the

 complainant would get Rs.40 per sq. ft per month from the date of execution of

the said agreement till the delivery of possession/tenant is inducted/lease

commences or first rental is received by the complainant as stated in clause 3.1

of Assured Return Agreement. For the convenience of the Hon’ble Authority the

relevant paragraph is reproduced hereunder :-

”3.1 Assured Return: Till the tenant is inducted, possession is delivered to it

and the lease commences and rental is received by the allottee(s) from the

tenant, the developer, shall pay to the Allottee(s) an Assured return at the rate

of Rs.40/- per sq. ft. per month of the super area of premises subject to the

receipt of full/total consideration/total payment. The assured return shall be

subject to tax deduction at source. The assured return post dated cheques shall

be paid in advance within 15 days of the date of receipt of payment. Date of

realization of cheques shall be treated as the date of receipt of payment . "

The Assured return Agreement is attached as ANNEXURE C-4.

(viii) That it is pertinent to mention here that out of the cheques which were handed

over to the complainant under the “Assured Return Agreement” by the OP, the

same were returned for one or the other reason especially as bounced

Cheques by the bank. This was a repetitive phenomenon which was happening

again and again. On enquiring about the same, the OP gave assurance to the

complainant that it was an honest mistake and they will rectify the same. But it

never got rectified and more and more cheques were returned unrealized by the

bank. This is a serious deficiency in service and unfair trade practice where the

OP is taking undue advantage of its position and not abiding by the terms and

conditions which were framed by them only. The complainant is suffering a lot

financially because of the OP’s deficiency in services. The cheques, which were

returned unrealized by the bank, as well as the cheques, which did not get

encahed, are attached in the shape of Account statement and the same is

annexed as ANNEXURE C-2. Furthermore, the amount which has been received

by the way of cheques/NEFT/RTGS is annexed in the shape of account statement

as ANNEXURE C-3.
(ix) That it is also pertinent to mention here that the complainant had even written a

letter dated 26.03.2013 where it is clearly stated by the complainant that the

OP had promised them that all the outstanding due upto December 2012 of the

senior citizens allottees will be cleared by February 2013. The complainants were

suffering from a difficult time where the husband of the complainant was

suffering from a medical ailment and the complainant’s family was facing

financial difficulties to meet the expenses, which was clearly stated in the letter

dated 26.03.2013. But neither did the OP honor the promise that they had

made to the complainant about the clearing out the outstanding dues nor did the

Op gave any reply to the letter where the complainant had stated her

grievances. This is a serious misconduct by the OP where his ignorance and

unprofessional behaviour towards its client has caused them harassment,

financial difficulties and cruelty at the hands of the OP. The letter is attached as

ANNEXURE C-12.

(x) That it is pertinent to mention here that an email dated 10.11.2012 was sent to

the OP regarding the payment which is due against the property under Assured

Return Agreement which the OP failed to pay. In the email it is explicitly stated

that the OP kept on giving future dates to make payments of the balance of

arrears but till date the OP has failed to resolve the matter. The Email is attached

as ANNEXURE C-7.

(xi) That it is pertinent to mention here that the OP has defaulted in payment of

Rs.2,60,000 till April 2016. After April 2016, all the payments against Assured

Return Agreement which the complainant was supposed to receive by the OP

were defaulted and unrealized by the bank for one reason or another. It is

pertinent to mention here that even after repeated reminders by the complainant

about the same and after repeated false assurance by the OP that the

complainant will get their dues, the complainant was feeling helpless against the

corporate mongrels who were enjoying the money which was deposited by the

complainant against the IT/Cyber space in the OP’s project. The Op showed

complete disregard towards their legal obligations and did what may seem fit for

their own personal benefit. The complainant must be compensated for such
 callous and selfish attitude of the OP, and the OP must be directed to clear all

the dues of the complainant as soon as possible.

(xii) That it is pertinent to mention here that it has been almost 7 years and 6 months

from the date of booking of the property by the complainant and till date the

construction of the property is not completed by the OP. In the brochure which is

attached as ANNEXURE C-5, it is stated that they will provided state of the art

infrastructure and all the latest amenities will be provided within the complex

where the complainant has booked her property. But it has been almost 7 and

half years from the date of booking and still the building is nowhere near

completion. It is stated in the official web page that the structure is complete

and the construction is going on full swing but the structure was complete a long

time back but till date the OP is not able to finish the project. This is a serious

deficiency in services where the complainant has been suffering financially as

well as mentally and physically. The meaning of deficiency as stated in Consumer

protection Act, 1986 is reproduced herein under for the convenience of this

Hon’ble Authority:

“deficiency” means any fault, imperfection, shortcoming or inadequacy in the

quality, nature and manner of performance which is required to be maintained

by or under any law for the time being in force or has been undertaken to be

performed by a person in pursuance of a contract or otherwise in relation to any

service”
The complainant must compensate the complainant for such grave deficiencies in

services and delay in offer of possession by the OP. The screen shot of the OP’s

web page stating the above facts is attached as ANNEXURE C-6.

(xiii) It is pertinent to mention that in an email dated 29.05.2014 attached as

ANNEXURE C-8, where it is stated that some of the allottees of MVL INDIA

BUSSINESS CENTRE” situated in village Behgampur Khatola, Tehsil and District

Gurgaon, Haryana had paid a visit to MVL head office in Gurgaon and the OP

assured that the building is proposed to be ready by December 2014 and the

leasing of the IT/Cyber space will be done as soon as possible. But till date the

construction is still ongoing and the promise to convert the complainant’s virtual

space into actual physical numbered allotment is still under construction. It is

 again pertinent to mention here that even though the construction is not yet

completed, the OP had offered to lease out the premises to the 3 rd party without

even completing the project. The OP intended to extort the EDC/IDC charges

when the OP themselves did not fulfill their obligation of depositing the due TDS

in the account of the complainant. The OP is practicing unfair trade by stating

frivolous facts and using their dominant position to force the complainant to

comply with their demands. It is again pertinent to mention here that the

Leasing out of IT space in “INDIAN BUSINESS CENTRE” letter dated

07.11.2015 is attached as ANNEXURE C-10.

(xiv) That it is pertinent to mention here that till date there has been no Builder

Buyer’s Agreement executed between the parties. It is very important to mention

here that in the booking application it is specified that the possession of the

property will be done in accordance to the builder buyer’s agreement but no

such agreement has been executed till date. The complainant was assured at the

time of booking that the Builder Buyer’s Agreement will be executed between

them in the near future. It has been more than 7 years and 6 months that the

Complainant has been meeting the OP personally, contacting through telephones

and mails stating her grievances and requesting OP to get the agreement signed

so that the complainant has some concrete legal papers against the property she

has booked in IBC complex in Gurgaon. This is again a serious default on the

part of the OP where the OP is practicing unfair trade and is accountable for

such grave deficiencies. And the way things are looking, there is no certainty qua

completing the construction of the property with all the amenities as prescribed

in the brochure.
In Bhim Sen vs. Delhi Development Authority, MANU/MR/0012/2003

“while dealing with the allegation of unfair trade practice on part of DDA, the

MRTP Commission held that a misrepresentation or false representation to the

complainant that a flat would be allotted to him followed by failure to offer the

allotment was a failure on the part of DDA that was tantamount to deficiency in
services. For such deficiencies the OP need to compensate the complainant as

now he not only is suffering due to the delay in possession but also lost an

opportunity.”
 Hence, for such deficiencies the OP must compensate the complainant especially

due to the delay in possession but also loosing an opportunity.

(xv) That it is stated in The Real Estate (Regulation And Development) Act, 2016

Section 19(2) that:

“The allottee shall be entitled to know stage-wise time schedule of completion of

the project, including the provisions for water, sanitation, electricity and other

amenities and services as agreed to between the promoter and the allottee in

accordance with the terms and conditions of the agreement for sale.”
But no intimation about the progress was given to the complainant by the OP

regarding the progress of the project. The complainant even wrote letters to the

OP and all those letters which were written in regards to the possession of the

property and stating their grievances about the unexecuted buyers Agreement

went unanswered. The OP did not pay any heed to the complainant’s concern

and did not care to respond even once. The OP did not feel any obligation

towards the complainant even to notify her about the status of the project. The

money which the complainant had paid for the property in the OP’s project is

now being enjoyed by the OP.

(xvi) That the OP-Builder had given false promises and assurances to the Complainant

and had malafide intention with the motive to cheat and extract money on

various illegal grounds from the Complainant and further the OP-Builder’s

dealings were vague from the very inception resulting into harassment and

mental agony to the Complainant and also amounts to breach of trust as he has

failed to give possession of the IT/Cyber Space till the filing of this instant

petition and the complainant continues to suffer. The OP has touched all the

ingredients of section 406, 420 and 120B of Indian Penal Code, 1806. The OP

had all the intention to cheat and rob the complainant of her hard earned

money and is punishable under these sections. For the convenience of this

Hon’ble Authority the above mentioned sections are reproduced hereunder:

Section 406 of Indian Penal Code, 1806, “Punishment for criminal breach

of trust.—Whoever commits criminal breach of trust shall be punished with

imprisonment of either description for a term which may extend to three years,

or with fine, or with both.”

 Section 420 of Indian Penal Code, 1806, “Cheating and dishonestly

inducing delivery of property.—Whoever cheats and thereby dishonestly induces

the person deceived to deliver any property to any person, or to make, alter or

destroy the whole or any part of a valuable security, or anything which is signed

or sealed, and which is capable of being converted into a valuable security, shall

be punished with imprisonment of either description for a term which may

extend to seven years, and shall also be liable to fine.”

Section 120B of Indian Penal Code, 1806, “Punishment of criminal

conspiracy:-

(1) Whoever is a party to a criminal conspiracy to commit an offence punishable with

death, imprisonment for life or rigorous imprisonment for a term of two years or

upwards, shall, where no express provision is made in this Code for the

punishment of such a conspiracy, be punished in the same manner as if he had

abetted such offence.

(2) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to

commit an offence punishable as aforesaid shall be punished with imprisonment

of either description for a term not exceeding six months, or with fine or with

both.

(xvii) That the OP are misusing their position and imposing unfair terms on the

Complainant and have committed a deficiency in service. OP and their

employees are attempting to cheat and defraud the Complainant, out of her

hard earned money by engaging in dishonest conduct and engages in unfair

trade practice

(xviii)That the complainant has not filed any other similar case in any court or Tribunal

and no similar case is pending or filed by the complainant against the Op in any

Court of India except the present case.

5. In view of the facts mentioned in paragraph 4 above, the complainant

prays for the following relief(s):

 The Real Estate Regulation and Development Act 2016 provides for the following

factors to be taken into consideration while adjudging the quantum of

compensation or interest:
“Section 72: Factors to be taken into account by the adjudicating officer.

While adjudging the quantum of compensation or interest, as the case may be,

under section 71, the adjudicating officer shall have due regard to the following

factors, namely:—

(a) the amount of disproportionate gain or unfair advantage, wherever

quantifiable, made as a result of the default;

(b) the amount of loss caused as a result of the default;

(c) the repetitive nature of the default;

(d) such other factors which the adjudicating officer considers necessary to the

case in furtherance of justice.”

In view of the facts mentioned above as well as the legal proposition, the

complainant prays for the following relief:

a) To direct the Opposite party to complete/provide the delivery of the IT/Cyber

Space so booked by the complainant in the real estate project namely “MVL

INDIA BUSSINESS CENTRE” as per the amenities stated in the brochure

(ANNEXURE C-5), situated in village Behgampur Khatola, Tehsil and District

Gurgaon, Haryana according to Section 19(1)(3) of The Real Estate (Regulation

And Development) Act, 2016. For the convenience of this Hon’ble Authority the

above mentioned Section and Rules are reproduced hereunder:

The Section 19(1)(3) Rights and duties of allottees under The Real

Estate (Regulation And Development) Act, 2016:

“The allottee shall be entitled to claim the possession of apartment, plot or

building, as the case may be, and the association of allottees shall be entitled to

claim the possession of the common areas, as per the declaration given by the

promoter under sub-clause (C) of clause (I) of sub-section (2) of section 4.”
b) To direct the Opposite party to pay an Interest on the amount (primarily for

delayed possession) as deposited for the IT/Cyber space measuring 500 sq. ft.

in question at the rate of 18% P.A till the actual possession of the IT/Cyber

space so booked by the complainant is actually given by the company according

to section 18(1) Real Estate (Regulation And Development) Act, 2016 R/w rule

16 of the Haryana Real Estate (Regulation and Development) Rules, 2017.

Section 18: Return of amount and compensation.

(1) If the promoter fails to complete or is unable to give possession of an

apartment, plot or building,—

(a) in accordance with the terms of the agreement for sale or, as the case may be,

duly completed by the date specified therein; or

(b) due to discontinuance of his business as a developer on account of suspension

or revocation of the registration under this Act or for any other reason,

he shall be liable on demand to the allottees, in case the allottee wishes to

withdraw from the project, without prejudice to any other remedy available, to

return the amount received by him in respect of that apartment, plot, building,

as the case may be, with interest at such rate as may be prescribed in this

behalf including compensation in the manner as provided under this Act:

Provided that where an allottee does not intend to withdraw from the project, he

shall be paid, by the promoter, interest for every month of delay, till the handing

over of the possession, at such rate as may be prescribed.

Rule 16 Timelines for refund under Haryana Real Estate (Regulation

and Development) Rules, 2017

“Any refund of money alongwith the applicable interest and compensation

payable by the promoter in terms of the Act or the rules and regulations made

thereunder, shall be payable by the promoter to the allottee within a period of

ninety days from the date on which such refund alongwith applicable interest

and compensation, as the case may be, becomes due.”

The interest must be levied @ 18% as the same was asked by the OP from the

complainant if she missed any due date of installments under clause 13 of the
 booking application attached as ANNEXURE C-11. And being a bilateral

Agreement such deficiency must be dealt with equal liability. For the

convenience of the Hon’ble Authority the relevant portion of Clause 13 of the

Booking Application is reproduced hereunder:

“In case of delay of more than 30 days in making payment by the Applicant(s)

as per the terms of Schedule of Payments (Annexure A), the Company shall

have the right to terminate the Allotment/Agreement and forfeit the Earnest

money. The company shall also be entitled to charge interest at the rate of

18% from the due date of installment for the first 30 days of default and

thereafter rate of interest would be charged at the rate of 24% P.A as per the

Schedule of Payments till realization of payments. It is expressly agreed by the

Applicant(s) that the Company shall have the right to first adjust interest, if any

and then consider the balance amount as installment money .”

c) To direct the Opposite party to pay the complainant the amount on the account

of bounced cheques and all the other dues under ASSURED RETURN

AGREEMENT, till the offer of possession as per the amenities specified in the

brochure (Annexure C-5).

d) To direct the Opposite party to pay Rs. 15,00,000 for causing harassment

(monetary as well as physical), extreme mental tension, torture and agony

caused to the complainant due to non delivery of said property.

e) To direct the Opposite party to pay Rs. 18,00,000 to the complainant as the

deficiency in services for keeping the complainant in dark in regard to the

progress of the property and also for the reason that the OP till date has not

executed any Builder Buyers Agreement which is a serious deficiency in the

services.
f) To direct the Opposite party to pay the Rs.15,00,000 on the account of defaulted

TDS which the OP was legally obligated to deposit in the account of the

complainant.

g) To direct the Opposite party for issuance of an appropriate order or direction in

favour of the complainant directing the opposite party to execute the Builder

Buyer Agreement as per the Act.

g) To direct the Opposite party to pay Compensation to the tune of 10% per month

of the profits so earned the company of the OP as well as by its subsidiary

companies.

f) To direct the Opposite party to reimburse litigation cost to the complainant as

she was constrained to file the same because of the callous and indifferent

attitude of the Opposite Party and the same has been given to the lawyer vide

Cheque no__________ drawn on____________.

6. INTERIM RELIEF SOUGHT

a. It is humbly submitted to the Hon’ble Authority that the complainant must be

provided with all the details of the Allottees in the INDIA BUSSINESS CENTRE

with their mobile no., address and all the relevant information as stated under

Section 11(1) of The Real Estate (Regulation And Development) Act, 2016.

b. To provide the amount as per the A.R.A attached as Annexure C-4, from the

date of filing of the present complaint without any fail alongwith requisite

interest.

c. In case the complainant succeeds, in that eventuality the OP shall deposit the

adjudicated amount in the bank account of the complainant. The details of which

are mentioned herein:

Name of the Bank:
Name of the Account Holder:
Account Number:
Address/Branch of the Bank:
IFSC Code:

7. Complainant not pending with any other court, etc.:

The complainant further declares that the matter regarding which this complaint

has been made is not pending before any court of law, any other authority, or

any other tribunal.

8. Particulars of bank draft in respect of the fees in terms of sub- rule (1)
of rule 36:
1) Amount:
2) Name of the bank on which drawn:
3) Demand Draft number:
9. List of Enclosures:
I. ANNEXURE C-1: Total consideration paid against the property

by complainant in favour of the OP

II. ANNEXURE C-2: List of bounced/non encashed Cheques
III. ANNEXURE C-3: Amount received by the complainant

through Cheque/NEFT/RTGS
IV. ANNEXURE C-4: Assured Return Agreement
V. ANNEXURE C-5: Brochure
VI. ANNEXURE C-6: Website screenshot
VII. ANNEXURE C-7: Email dated 10.11.2012
VIII. ANNEXURE C-8: Email dated 29.05.2014
IX. ANNEXURE C-9: Provisional Allotment Letter
X. ANNEXURE C-10: Leasing out Letter
XI. ANNEXURE C-11: Application for provisional registration
XII. ANNEXURE C-12: Letter

Verification

I Baljit Kaur W/0 Surinder Singh, the complainant do hereby verify that the contents of

paragraphs no __to__ are true to my personal knowledge and belief and that I have

not suppressed any material fact(s)

Place: Chandigarh Signature of the complainant

Date:

(Himanshu Raj) & (Anshu Chaudhary)

Law Office of Himanshu Raj

#102, Sector 10 A, Chandigarh

Mob: 9988200001

Landline: 0172-4181010, 4190909

Advocate for the complainant

IN THE REGULATORY AUTHORITY OFFICE (HARYANA)

Complaint No.……….2017

Baljit Kaur Versus MVL Limited, through its

chairman and Managing

director(s)

INDEX
SR. PARTICULAR DATE PAGE

1. SYNOPSIS

2. COMPLAINANT

3 AFFIDAVIT

3. TOTAL CONSIDERATION PAID C-1

6. BOUNCED/NON ENCAHSED CHEQUES

C-2

7. AMOUNT RECEIVED BY THE WAY OF

CHEQUES/NEFT/RTGS C-3

8. ASSURED RETURN AGREEMENT C-4 18.11.2010

9. BROCHURE C-5 2010

10 WEBSITE SCREENSHOT C-6 2017

11. EMAIL C-7 10.11.2012

12. EMAIL C-8 29.05.2014

13. PROVISIONAL ALLOTMENT LETTER 23.06.2015

C-9

14. LEASING OUT LETTER C-10 07.11.2015

13. APPLICATION FOR PROVISIONAL 09.11.2010

REGISTRATION C-11

14. Letter C-12 26.03.2013

16. POWER OF ATTORNEY