Complaint to Regulatory Authority (Complaint

under Section 31 of the RERA Act, 2016)

For use of Regulatory Authority(s) Office:

Date of filing: _
Date of receipt by post
Complaint no. : NCR / / /2022
Signature: ……………………….
Registrar: ………………………..

BEFORE UTTAR PRADESH REAL ESTATE REGULATORY AUTHORITY,

GAUTAM BUDH NAGAR
COMPLAINT NO. NCR _____/____/__/2022

IN THE MATTER OF:

TANUJ GUPTA ..…COMPLAINAT

VERSUS
LOGIX INFRASTRUCTURE PVT. LTD. ……RESPONDENT
MEMO OF PARTIES

TANUJ GUPTA
C-6, KIRTI NAGAR, NEW DELHI-110015 ..…
COMPLAINANT

Versus

LOGIX INFRASTRUCTURE PVT. LTD.

HAVING ITS REGISTERED OFFICE AT:

LOGIX PARK, A-4 & 5, SECTOR-16, NOIDA, GAUTAM BUDH NAGAR, U.P.-
201301

……RESPONDENT
Details of claim:

1. Particulars of the Complainant(s):

(i) Name(s) of the Complainant: TANUJ GUPTA

(ii) Address of the existing office/residence of the Complainant:

R/O C-6, KIRTI NAGAR, NEW DELHI- 110015

(iii) E-Mail Address & Mobile Number for service of all notices:

Tanuj.gupta.81@gmail.com & 9810031069

2. Particulars of the respondent:

(i) Name(s) of respondent:

LOGIX INFRASTRUCTURE PVT. LTD.

(ii) Office address of the respondent:

LOGIX PARK, A-4 & 5, SECTOR-16, NOIDA, GAUTAM BUDH NAGAR, U.P.-
201301

(iii) E-Mail Address & Mobile Number for service of all notices:

info@logixinfrasture.com & +911204366098.

3. Jurisdiction of the Authority: The Complainant declares that the subject matter of

the claim falls within the jurisdiction of the Authority and hence this Authority has

the jurisdiction to try and decide the matter.

4. Brief facts of the case:

i. That the Complainant herein is the law-abiding citizen of India and is residing
at the abovementioned address. That the Complainant came into the contact of
Respondent and their Employees/Authorized representatives/Channel Partner
and got to know that the Respondent Company is in the process of developing a
project on Noida Expressway, UP area namely Blossom County Plot No. GH-
02, Sector 137, Express Way Noida, and also promise to handover the
possession till Aug’2012. That thereafter Complainant lured into the sugar-
coated words of the Employees/Authorized representatives/Channel Partners of
the Respondent and went ahead with the intention to have a residential unit for
their self-use in the above said upcoming project of Respondent.

ii. That as per “FLAT BUYERS AGREEMENT” dated 02.02.2011, the

respondent had to deliver the booked/allotted residential Apartment to the
Complainant 18 months i.e. till 02.08.2012 and grace period of 4 months from
the date of agreement i.e. 02.01.2013. But till 19th February, 2022 respondent
company failed to handover the possession of the allotted residential unit to the
complainant and reason being the respondent offered the entire deposited
amount in full and final settlement of amounts, from the same project
constructing by the Respondent Company. That found no other options except
to accept the one-sided offer of respondent, the Complainant given their consent
in duress against the immediate possession of allotted residential flat as the
complainant was in serious need of the one residential premises. It is necessary
to submitted here that, the official of the respondent company promised to the
complainant to honor the request against the delay penalty after some time.
But, the till date the actual amount of delay penalty for the all delay period of
approx. 10 years has not been handed over to the Complainant (regardless of
knowing the fact that the Complainant had deposited the money as per the
demand raised by the Respondent s i n c e from Oct’2019 against the allotment
in the so called project BLOSSOM COUNTY). That the Respondent Company
failed to handover the
 possession of the booked residential Apartment or offer any delay penalty,
being aggrieved with the negligent conduct of the Respondent Company the
Complainant herein had preferred this RERA Complaint before this Hon’ble
RERA Authority praying for the pay the delay interest amount for the period of
delay as per original possession dated August,2012.

iii. The Respondent Company is a private limited company having their office at
the abovementioned address. The Respondent Company engages in the activity
of real estate construction and development.

iv. It is submitted that at the time of the initial stage towards the launch of the
project in Noida, Gautam Budh Nagar namely “BLOSSOM COUNTY” several
assurances and claims were made by the Respondent Company and their
representatives with regard to the Construction, top- level amenities and other
world class facilities along with timely delivery till August,2012 with regards
to the said booking/allotment of residential Apartment. It is submitted that the
Respondent claimed that the project would be one of their most prestigious
projects and lured the Complainant with various amenities and features with
regard to the self-acquired purpose for residence.

v. That relying on the assurances and promises of the Respondent Company and
their representatives, the Complainant herein booked residential units in to the
said project of the Respondent Company and went ahead with the booking cum
allotment. That the respondent company issued a pre-printed “Application
form” dated 07.10.2010. That the Respondent company allotted residential
apartments under customer code no. BC-01409 in apartment along with one
exclusive car parking in the name of Complainant. That thereafter the
respondent issued an allotment cum agreement in the name of Complainant
titled as “Flat Buyer Agreement” d a t e d 02.02.2011 and asked to sign the same
agreement in which terns & Conditions were mentioned towards the payment
 schedule and possession. It is pertinent to mention here that the time to
handover the possession of allotted Apartment after 18 months from the signing
of agreement. Copy of said “Flat Buyer Agreement” d a t e d 02.02.2011 is
annexed herewith as ANNEXURE - C1.

vi. That the respondent allotted the residential unit in the name of complainant and
the details are as follows:

Unit No. 1701

Block: J1
Total Consideration amount: Rs. 43,10,163/-

vii. That the complainant always met with the periodic demands raised rose by the
respondent time to time. and paid Rs. 39,43,160/- (Rupees Thirty-Nine Lac
Forty-Three Thousand One Hundred Sixty Only) towards the residential
unit. It is submitted that the respondent issued the receipts against the
deposited amount in the name of Complainant. Copy of all payment’s receipts
of the deposited amount in the name of Complainant of are annexed hereby as
ANNEXURE-C2

viii. It is submitted that the respondent issued an “No Dues Certificate of Flat No. J1-
1701 in Tower-J1” to the complainant dated 29 th February, 2020 and showed mal
trade intention that the complainant has paid all the dues in the respect of said flat
and there is no pending dues in the respect of the said flat as per the demand of
letter. Copy of “No Dues Certificate” in the name of Complainant of are annexed
hereby as ANNEXURE-C3

ix. That after the Complainant was in regular follow ups with the Respondent qua
the development of the said project to be developed by the Respondent and also
 raised queries with regards to completion as the Complainant choose
construction linked payment plan at the time of booking. That the Complainant
got surprised when no positive reply provided by the respondent or their
officials in relation with the development of construction work. That after the
Complainant decided to visit at the project site to see the actual development
and it came as utter shock and dismay to the Complainant when the Respondent
promised to the complainant that he will compensate the delay penalty at the
time of residential flat. That there after the Complainant made various visit to the
office of respondent company and raised their concerns about the construction
work, but no concrete reply was ever provided by the officials of the Respondent
Company.

x. It is submitted that the clauses mentioned in “Flat Buyer Agreement” (BLOSSOM

COUNTY) dated 02.02.2011 are also in clear contravention of the provisions of
the Real Estate (Regulation and Development) Act, 2016 which has clarified the
position that the interest payable by the Promoter in case of default shall be the
same as the interest payable by the Allottees in case of any default made by them.
The relevant definition clause under section 2 of RERA Act, 2016 has been
produced below.

“2. (za) "interest" means the rates of interest payable by the promoter or
the allottee, as the case may be. Explanation. —For the purpose of this
clause—

(i) the rate of interest chargeable from the Allottee by the promoter, in case of default,
shall be equal to the rate of interest which the promoter shall be liable to pay the
allottee, in case of default;

(ii) the interest payable by the promoter to the allottee shall be from the date the
promoter received the amount or any part thereof till the date the amount or
part thereof and interest thereon is refunded, and the interest payable by the
allottee to the promoter shall be from the date the allottee defaults in payment
to the promoter till the date it is paid ;… ”
xi. That the abovementioned term was introduced and explained by the legislators, in
order to avoid the exploitation of one party by the other, by providing a level
playing field where similar interests have to be paid by the parties for any default
on their part. That the said section has been miserably defeated and contravened by
the unilateral clauses of the Respondent’s agreement. Thus, the Hon’ble Authority
is requested to take a note of the same and grant appropriate relief of
compensation of the delay interest of possession to the Complainant herein as they
have been subjected to financial and emotional distress because of the said
unilateral and illegal clauses. That the said incident raised many suspicions on
the act and the mal trade practices adopted by the Respondent towards the
Complainant. That in the meanwhile, in order to know the fate of their
investment, the Complainant had on several occasions tried to contact the
Respondents as well as other senior officials to get some updates regarding the
detail of constructions, but the Complainant have never been informed about
any details and the Respondents kept the project mystery shrouded and
operated in a clandestine manner. Also, on many occasions, the Respondents
even did not allow the Complainant to move inside their offices and flatly
refused to meet with them without assigning any reasons.

xii. It is submitted that the Complainant made the payment as per the demands of the
Respondent. It is interesting to mention here that the payment plan opted by the
Complainant was development/construction linked plan whereas the demands
never met with the Development progress as the same is evident from the very face
of the possession date, as the possession is delayed by years and It is submitted
that the Complainant had made total payment of Rs. 39,43,160 (Thirty-Nine lacs
forty-three thousand three thousand one hundred sixty only) to Respondent
against the allotted unit, and the above said amount was calculated as more than
91% out of total Consideration of Rs. 43,10,163/- (Rupees Forty-Three Lacs Ten
Thousand One Hundred Sixty-Three Only),
xiii. That the Respondent have breached the promise of execution of the said project in
the way and manner they represented before the Complainant for extraction of
money and Respondent never furnished any details and have never informed the
Complainant about the development of their project and always kept it mystery
shrouded in order that they may keep extracting money from the Complainant as
well as similarly circumstanced persons and investors etc. and which they did in
most dishonest way. That the project has already breached all limits of time and the
Respondents have already caused delay from their promises/ representations of
delivering peaceful possession of the space to the Complainant. As a matter of fact,
despite mentioning the date of delivery of possession (August,2012) in their
documents, the Respondents miserably failed to fulfill their promises on time also
making it clear that their design was inherently deceptive.

xiv. That being aggrieved, the Complainant along with other similarly situated persons
tried to contact the Respondents and sought clarifications; however, in place of
offering any clarifications, the Respondents intimidated the Complainant with
various kinds of threats and counter blasts with aim to embezzle the money from
them, raised frivolous and misleading demands of money.

xv. The Hon’ble Supreme Court also held in the case of the Fortune
Infrastructure and Ors versus Trevor D’Lima and Ors.
[MANU/SC/0253/2018] that
"15. Moreover, a person cannot be made to wait indefinitely for the

possession of the flats allotted to them and they are entitled to seek the

refund of the amount paid by them, along with compensation. Although

we are aware of the fact that when there was no delivery period

stipulated in

the agreement, a reasonable time has to be taken into consideration. In

the facts and circumstances of this case, a time period of 3 years would

have been reasonable for completion of the contract..."

xvi. The Hon’ble Supreme Court in “Pioneer Urban Land and Infrastructure Ltd.,

vs Govindan Raghavan” and connected matter (2019) 5 SCC 725 and in

“Kolkata West International City Pvt., Ltd., vs Dewasis Rudra II (2019)

CPJ 29 (SC)” wherein the Hon’ble Supreme Court had observed that “the flat

purchasers cannot be made to wait for inordinate period of time hoping to seek

possession and that refund of amounts deposited is a valid redressal.

xvii. That thereafter approx. 12 years the Respondent served a copy of Possession Letter
dated 25.03.2022 that Complainant who have taken the vacant possession of Flat
No. J1-1701 on 16th Floor in duress, as the complainant was in need of the allotted
Flat on dated 19th February, 2022 as mentioned in “POSSESSION LETTER” dated

25th February 2022. Copy of agreement titled as “POSSESSION LETTER” dated

25th February ’2022 is annexed here with as ANNEXURE -C4.

xviii. That being seriously aggrieved by the act and conduct of all of the Respondent
which was envisaging their categorical orientation towards embezzlement of
money, the Complainant started pressing for possession of the Flat along with
interest and made various communications to the Respondents personally as well
as through their representatives. Complainant visited to the respondent office for
the delay penalty and for the possession of the residential flat, after the various
conversation the respondent promises to the complainant that he will compensate
the delay penalty at the time of giving the possession of the residential flat. But, at
the time of possession the respondent offered to the complainant a full and final
settlement of the remaining balanced amount which is mentioned in the
’Possession Letter’. The Complainant
visited to the respondent’s office and raised an issue on the settlement offer which
is mentioned in the Possession Letter then the respondent started playing tricks and
started making monetary threats to the complainant. So, the complainant took the
 possession of the residential flat in duress, as the complainant was in need of
allotted flat.

xix. Finally, finding no other remedy available to them and being totally helpless and
being worried about the fate of his hard-earned money, the Complainant thought to
approach the law enforcement agencies by way of putting their grievances before
this Hon’ble Authority.

xx. It is submitted that this Hon’ble Authority ought to consider the hardship which
have been faced by the Complainant for all these years for getting the possession of
the flat with the Respondent Company against booked/allotted Apartment. The
Complainant have been made to run from pillar to post from the year 2010 to till
date but despite lapse of approx. 12 years from the original booking, there have
been possession offered to the Complainant after long 10 years of original
possession date and not any compensation in any form i.e. delay interest had been
given to the Complainant till date. Thus, it is requested to this Hon’ble Authority
that an order for “Delay Interest” along with interest as per RERA NORMS be
passed in favor of the Complainant.

xxi. It is submitted that the RERA Act, 2016 clearly provides that the promoter shall be
liable to abide by the promises as under the agreement of sale or any such other
document. The provision 11(4) clearly stipulates the same which is as follows:

(4) The promoter shall— (a) be responsible for all obligations,

responsibilities and functions under the provisions of this Act or the rules and

regulations made thereunder or to the allottees as per the agreement for sale,

or to the association of allottees, as the case may be, till the conveyance of

all theapartments, plots or buildings, as the case may be, to the allottees, or

the common areas to the association of allottees or the competent authority,

as the case may be: Provided that the responsibility of the promoter, with

respect to the structural defect or any other defect for such period as is
 referred to in sub-

section (3) of section 14, shall continue even after the conveyance deed of all

the apartments, plots or buildings, as the case may be, to the allottees are

executed.

xxii. That in conformity with the provisions and objectives of the RERA Act, 2016,
the Hon’ble Authority is requested to issue necessary directions to the
Respondent to disburse Delay Interest to the Complainant had been made to go
through for all these years. The objective of the legislature has been given as
follows:
“An Act to establish the Real Estate Regulatory Authority for regulation

and promotion of the real estate sector and to ensure sale of Apartment,

apartment or building, as the case may be, or sale of real estate project,

in an efficient and transparent manner and to protect

the interest of consumers in the real estate sector and to establish an

adjudicating mechanism for speedy dispute redressal and also to

establish the Appellate Tribunal to hear appeals from the decisions,

directions or orders of the Real Estate Regulatory Authority and the

adjudicating officer and for matters connected therewith or incidental

there.”

xxiii. Thus, the Hon’ble Authority is requested to redress the grievances of the
Complainant and the hardships faced by them and continuous as a Delay Interest
amount of their money and that the complainant have taken possession in duress,
as the complainant was in need of the allotted flat has been retained by the
Respondent and the project is delayed by approx. 10 years from the original
possession date i.e. from the year 2012. That the Hon’ble Authority is requested
 to give necessary directions to the Respondent to disburse Refund along with
interest for the entire period from the money deposited.

5. Relief(s) sought:

In view of the facts mentioned in brief facts above, the Complainant pray that the
Hon’ble Authority may be pleased to pass the following orders:

i) Direct the Respondent to immediately pay the delay interest money of

Complainant for the entire period from the money deposited;

ii) May kindly pass any further orders, which may deem fit as per the circumstances
and facts in hand.

6. Interim order :

In view of the facts mentioned in the Complaint, the Complainant pray that the
Hon’ble Authority may be pleased to:

i) Pass orders restraining the respondent from taking any coercive action against the
Complainant in respect of their allotment thereby, restraining the respondent
from cancelling/altering/modifying/raising illegal charges the allotment of the
Complainant; and/or
ii) May pass any other or further order or orders as this Hon’ble Authority may

deem fit and proper in the facts and circumstances of the case and in the interest

of justice.

7. The Complainant further declares that the matter regarding which this complaint has

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

tribunal(s).
 Complainant

Through

[Sumit Sharma and Associates]

Advocates for the Complainant
Place: Greater Noida

Filed on: