BEFORE THE HON’BLE HARYANA REAL ESTATE REGULATORY AUTHORITY,

GURUGRAM,
(Under The Real Estate Regulation And Development Act, 2016 (RERA),)

MA NO ______ OF 2024

IN

ORIGINAL COMPLAINT: RERA-GRG- 2934 -2024

In the matter of :

ANU MATHUR ---- COMPLAINANT

VS

SUNRAYS HEIGHTS P LTD ---- RESPONDENT

SL PARTICULARS PAGE
N NO
O
01 Application on behalf of the complainant u/s 36 , for violating sec
13 of the RERA Act, by demanding and receiving more than 95%
of the consideration value without issuing allotment letter and
executing the sales agreement ( BBA ) and getting it registered .

02 Annexure –P/1: Copy of demand letter dated 12.06.2019.

03 Annexure P-2: Copy of receipt no /REC 19-20/0365 and receipt

[Link]/ARE19-20/0009dated8/07/2019 and GD/REC 19-20 / 0366
dated 8/7/2019.

04 Annexure P-3:Copy of demand notice dated 29/12/2021

05 Annexure P-4: Copy of receipt no 63 GD REC D0015.
06 Annexure P-5: Copy of demand notice dated 15/5/2023 is
annexed as and its paid receipts annexed as Annexure-P-6 .

07 Annexure P-7: Copy of the letter dated 28/05/2024 .

Place : Gurgaon
Dated : 21/06/2024 Complainant

Through:

[Link] ( Advocate )
Vps70612@[Link]
9654013763
BEFORE THE HON’BLE HARYANA REAL ESTATE REGULATORY AUTHORITY,
GURUGRAM,
(Under The Real Estate Regulation And Development Act, 2016 (RERA),)

COMPLAINT No: RERA-GRG- 2934 -2024

IN THE MATTER OF

ANU MATHUR …Complainant

VERSUS

SUNRAYS HEIGHTS PRIVATE LTD …Respondents

APPLICATION ON BEHALF OF THE COMPLAINANT U/S 36 , FOR VIOLATING

SEC 13 OF THE RERA ACT, BY DEMANDING AND RECEIVING MORE THAN
95% OF THE CONSIDERATION VALUE WITHOUT ISSUING ALLOTMENT
LETTER AND NOT EXECUTING THE SALES AGREEMENT ( BBA ) AND
GETTING IT REGISTERED .

RESPECTFULLY SHOWETH:

1. That the complainant applied for a 1-BHK residential unit vide application
bearing no SGDG0090 in upcoming project of respondent namely "Sixty-
Three Gold Drive", Sector 63-A, Gurugram, Haryana for which the
complainant had paid an amount of Rs. 74,950/- towards booking the unit
along with application form, respondent acknowledges the payment .
2. That the complainant’s application came into the second draw list in year
2019. The Respondent telephonically informed the complainant about the
outcome of draw and without issuing the allotment letter for the allotted flat
no H-35 in tower H admeasuring a carpet area 366.25 sq ft and balcony area
69.84 sq ft and demanded Rs10,13,561.
3. That the unit was booked under the time linked payment plan as per the
mandate under the affordable housing policy 2013'for Sale consideration of
Rs. 16,19,918/-.Copy of demand letter dated 12.06.2019 is annexed as
Annexure –P/1.
4. That the complainant paid Rs 6,38,612/- on dated 8/07/2019 vide cheque no
059762 and Rs 102 vide ch no 022474 the same was acknowledged by the
Respondent vide receipt no /REC 19-20/0365 and receipt [Link]/ARE19-
20/0009 dated 8/07/2019.
5. The Respondent was supposed to execute the builder buyer agreement as
per the sec 13 of the RERA Act. The Section 13 (1) of the Act provides for an
agreement to be executed and registered before the promoter accepts an
amount exceeding 10 per cent of the total cost of the plot. This is a
mandatory requirement of the Act and cannot be dispensed or compromised
with. Sec 13 (1) of the RERA Act which reads as under :
“A promoter shall not accept a sum more than 10% of the cost of
plot/flat/building as the case may be , as an advance or an
application fees from a person without first entering into a
 agreement to sale with such person and register the said agreement
for sale under any law for the time being in force”.
6. The complainant kept on asking for the Allotment Letter and for the
execution of the Builder Buyer Agreement, but the Respondent kept on
dragging the issue till date, and has not yet issued executed the builder
buyer agreement between the complainant and the Respondent. The
Respondent has already demanded more than 90% of the sales consideration
before execution of the BBA and has made non-compliance of sec 13 of the
RERA Act for which the respondent should be penalised with heavy cost.
6. That the complainant against the demand notice dated 12/06/2019 paid Rs
2,99,898/- vide ch no 022474 and same was acknowledged by the
Respondent vide receipts no GD/ REC 19-20 / 0366 dated 8/7/2019.
7. The copy of receipt no /REC 19-20/0365 and receipt [Link]/ARE19-20/0009
dated 8/07/2019 and GD/ REC 19-20 / 0366 dated 8/7/2019 is annexed as
Annexure P-2.
8. That the Respondent further raised demand notice dated 29/12/2021 for Rs
2,02,390/- Copy of demand notice dated 29/12/2021 is annexed as
Annexure P-3. The same was paid by the complainant on dated 5/5/2022
vide cheque no 059765 dated 5/5/2022 and same was acknowledged by the
Respondent vide receipt no 63 GD REC D0015 .the copy of receipt is
annexed as Annexure P-4.

9. The respondent further raised demand notice of Rs 2, 09,146/- and same was
paid vide ch no 161750 dated,01/09/2023 . The copy of demand notice dated
15/5/2023 is annexed as Annexure P-5 and its paid receipts annexed as
Annexure-P/-6 .

10. That till date 01/09/2023 the complainant has already paid Rs 12,17,538/-
which is more than 85% of the sales consideration . But surprisingly and to utter
shock to the complainant, the Respondent issued a threatening letter dated
28/05/2024 intimidating hereby the complainant to pay Rs 6,01,[Link] is
pertinent to mention that despite the respondent has not executed the BBA and
issued any allotment letter deliberately and intentionally has referred in the
letter about the contents of the clauses of the BBA and has intimidated the
complainant to pay Rs 6,01,257 /- without any explanations and its break
[Link] of the letter dated 28/05/2024 is annexed as Annexure P-7 .

11. The matter do not ends here, The complainant was threated if he do not pay
the said amount his flat shall be cancelled .The complainant under the undue
influence and pressure of the respondent paid Rs 6,01,257/-. The Respondent
has forcefully and illegally extorted from the complainant excess amount of Rs
4,07,023/- ( Rs20,26,941-Rs 16,19,918) and the Complainant deserves the
excess amount Of Rs 4,07,023/- paid to respondent to be refunded along with
interest as such the act of the respondent tantamount to unfair trade practice

12. The transaction in the captioned case pertains to year 2019,

2020 ,2021 ,2022 ,2023 , the project of the respondent was very well registered
with the RERA Authority and hence the respondent was supposed to adhere to
the provisions of the RERA Act in letter and spirit .

PRAYER

That under the above facts and circumstances the complainants hereby prays as
under :

a) To return/refund the excess sum of Rs 4,07,023/-(Rs20,26,941-Rs 16,19,918)

along with interest with immediate effect .
b) To direct the Respondent to issue the allotment letter and execute the
builder buyer agreement and register it with immediate effect.
c) To initiate penal proceedings against the Respondent for violation of the
RERA Act and impose heavy cost .
d) Any other order as this Hon’ble Authority deems fit under the said facts and
circumstances.
Place : Gurgaon
Dated : 21/06/2024 Complainant

Through:

[Link] ( Advocate )
Vps70612@[Link]
9654013763