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AUTHORITY,
AT GURUGRAM, HARYANA
Complaint Case No: RERA-GRG-_____-2020
MEMO OF PARTIES
Mr. AkhileshSharma
S/o Shri Om NarayanSharma
B-21, Vaastu Apartment
Plot No. 70, Sector-55
Gurgaon …COMPLAINANT 2
VERSUS
BPTP Limited
Through its Directors,
Regd. Office at:
M-11, Middle Circle,
Connaught Circus,
New Delhi – 110001, India
…RESPONDENT
Details of claim: -
(iii) Address for service of all: B-21, Vaastu Apartment, Plot No.
(Ph)- 9871275599
Email – akhilesh@wishcoinrealty.com
Email- customercare@bptp.com
COMPLAINANTS
THROUGH
…COMPLAINANTS
Versus
BPTP LIMITED
…RESPONDENT
COMPLAINT UNDER SECTION 31 OF THE REAL ESTATE
REGULATORY AUTHORITY ACT, 2016 R/W RULE 28 OF
THE HARYANA REAL ESTATE (REGULATION AND
DEVELOPMENT) RULES, 2017FOR VIOLATION OF
SECTION 12,14,18 & 19
INDEX
1.
Proforma-B
2.
List of dates
3.
Brief Facts
4.
Issues to be decided
5. Relief Sought
6.
Affidavit
ANNEXURE C/1
7.
The Copy of receipts for the booking
amount.
ANNEXURE C/2
letter.
ANNEXURE C/3
9.
Copy of the agreement to sell
ANNEXURE C/4
10.
Copy of the receipt dated 14.02.2013
12.
ANNEXURE C/6
Complainants
THROUGH
KOHLI & KOHLI LAW ASSOCIATES
COUNSEL(S) FOR THE COMPLAINANT
V 3/11, DLF PHASE III, GURUGRAM,
HARYANA
Versus
BPTP LIMITED
…RESPONDENT
LIST OF DATES
receipts no.2011/1400051914dated
Annexure 3.
Rs. 901186 Amount is missing please
30-11-2012
check
31.01.2013 That the respondent raised a demand of
14.02.2013.
herein as Annexure4
That the respondent raised a demand of
Annexure7.
Complainants
THROUGH
…COMPLAINANTS
VERSUS
BPTP LTD.
…RESPONDENT
C. That in the year 2012, the original allottee, was searching for a
area of 2512 Sq. Ft sq. ft. (233.37 sq. mtr.) in the aforesaid
from the date of booking which was duly paid by the original
Annexure4.
returned to the Builder, wherein as per the clause 1.2 (a) Page
IFMS rest all amount is paid) from 2012 till 2020. Copy of the
herein as Annexure7.
helpless and had to run from pillar to post for the possession
complainant despite the fact that the project has not been
herein as Annexure 8.
and therefore the money for the club should also have been
construction of the club has not even been started till today.
e. That since the club building is yet to be started and the money has
been collected almost seven years back, it is not only unjustified but
f. That the Respondent should return this money with interest @ 18%
per annum
club and demand money from members in instalments upto the date
All these facilities are not available in complex even today and
handover letter and the sale deed has also been executed in
his favor.
Rs. 5.00/-per sq. ft. per month of the super area for the
(Due to our resale case the BPTP REFUSE TO PAY THE DELAY
COMPENTION (as per clause No. 5.5 of BBA) Rs. 10 per sq. ft.
for 1st 6 month and Rs. 20 for next 6 months and Rs. 30
Suburban Pvt Ltd Vs. UOI and ors. (W.P 2737 of 2017).
“Unit”
“Unit”
“Unit”
possession of “Unit”
19.
on the cost Indexes between the Builders BBA and the Builder
Offer of Possession.
dated 16.07.2018.
reading as under:
Sareen & Anr. v/s M.s BPTP Ltd. (31.08.2018) has held as
Service Tax ( upto June 30, 2017) of Rs. 230197.00 &(iii) VAT
would not have fallen upon the buyers. It is the wrongful act
Respondent only.
plans.
HVAT
The other provision of the scheme says that no input tax credit
his customers.
2014.
some dispute with the land owners and shortage of labor etc.
etc.
the project have not been provided till date and the cause of
sale or, as the case may be, duly completed by the date
specified therein; or
prescribed.
Accordingly, the complainant(s) are entitled to get interest on
over of possession.
this forum.
Complainants
THROUGH
…COMPLAINANTS
VERSUS
BPTP LTD.
…RESPONDENT
ISSUES TO BE DECIDED
54-GF.
2. Whether the builder violated the Builder Buyers Agreement
charges while the club has still not been constructed on this
date.
As the document shared with you kindly add these point in petition
And
Poor quality of construction – THIS WILL GO TO HRERA
Non Financial
1. Security concerns
2. Connectivity of the society
3. Insufficiency of services –
4. Non delivery as against promised project - Club, playground, fire safety, common facilities for
guards, shuttle service, golf carts, swimming pool, GYM, daily need shop, Milk booth, ATM,
School etc.
complainants.
and carries certain conditions which are not as per the BBA
Bond.
11. Whether the time period taken for deciding the matter by
in the matter.
carries certain conditions which are not as per the BBA and is
Complainants
THROUGH
VERSUS
BPTP LTD.
…RESPONDENT
RELIEF SOUGHT:
interim relief:
the Respondent.
Respondent.
possession.
Complainants.
the Complainants.
of the club etc. and other things which were assured in the
brochure, as the complainant had booked a unit in a
framed thereunder.
Complainants
THROUGH
AFFIDAVIT
COMPLAINT NO.RERA-GRG-___-2020
Versus
BPTP LTD.
...RESPONDENT
IN THE MATTER OF:
I,Mr. Akhilesh PRIYANKESH SHARMAS/o SH OM PRIYANKESH
NARAYANSHARMA R/oB-21, Vaastu Apartment, Sector-
1355,Gurgaon, India,do hereby solemnly affirms and declare as
under: -
DEPONENT
AFFIDAVIT
Versus
BPTP LTD.
…RESPONDENT
I,Mr. PriyankeshSharmaS/o SH OM PRIYANKESH SHARMA R/o
B-21, Vaastu Apartment, Sector-5513,Gurgaon, Haryana
122003Gurgaon,Delhi -110085, India, do hereby solemnly affirms
and declare as under: -
DEPONENT
COMPLAINT NO.RERA-GRG-___-2020
Versus
BPTP LTD.
…RESPONDENT
KNOW ALL TO WHOM THESE PRESENTS SHALL COME THAT Mr. Akhilesh
SharmaS/o SH OM PRIYANKESH SHARMAR/o B-21, Vaastu
Apartment, Sector-1355,Gurgaon, Haryana 122003Gurgaon,Delhi
-110085, India, DO HEREBY APPOINT THE FOLLOWING:
To act appear and plead in the above-noted case in the Court or in any other
Court in which the same may be tried or heard and also in the appellate Courts
including High Court.