in real estate regulatory authority (rera)

15-03-2021 CONTINUED - RERA/CC/868/AO/244/2020 + 29 Analogous Cases

REAL ESTATE REGULATORY AUTHORITY (RERA)

IN THE COURT OF ADJUDICATING OFFICER

4TH&6TH FLOOR, BIHAR STATE BUILDING CONSTRUCTION CORPORATION

HOSPITAL ROAD, SHASTRI N

Sl. Complaint Case No.

1. RERA/CC/868/2020RERA/AO/244/2020

2. RERA/CC/869/2020RERA/AO/245/2020

3. RERA/CC/870/2020RERA/AO/246/2020

4. RERA/CC/871/2020RERA/AO/247/2020

5. RERA/CC/872/2020 RERA/AO/248/2020

6. RERA/CC/873/2020 RERA/AO/249/2020

IN

RERA/CC/868/AO/244/2020 + 29 Analogous Cases



R STATE BUILDING CONSTRUCTION CORPORATION

HOSPITAL ROAD, SHASTRI NAGAR, PATNA-800023

Complaint Case No. Complainants

RERA/CC/868/2020 RERA/AO/244/2020

Sri Alok Kumar Singh, S/o Sri Vishwanath Prasad Singh, R/o Plot No.42, Bari Co-operative, Bokaro SteelCity, Bokaro, Jharkhand-827012. At Present: Flat No.404, C-Block, Jagsuman Apartment, ArgoraKathal More Road, Aryan Road, Pundag, Ranchi, Jharkhand-834004.

RERA/CC/869/2020 RERA/AO/245/2020

Smt. Kumari Smita, W/o Sri Lakshman Singh, R/o Flat No.102, Harshita Kunj Apartment, Majistrate Colony, Ashiana, Patna-800025. At Present: Flat No.401, Rama Shyama Villa, Gola Road, Patna801503.

RERA/CC/870/2020 RERA/AO/246/2020

Sri Sudeep Kumar, S/o Sri Jai Prakash Prasad, Flat N o.102, Harshita Kunj Apartment, Majistrate Colony, Ashiana, Patna-800025. At Present: Flat No.401, Rama Shyama Villa, Gola Road, Patna801503.

RERA/CC/871/2020 RERA/AO/247/2020

Sri Chandan Kumar, S/o Late Ram Vill+P.O.-Shekhopur, District-VaishaliAt Present: Power Grid Corporation of India, Qtr.No.B2/6,Vill+P.O.-Dariyapur Kafen,Muzaffarpur, PIN-844127.

RERA/CC/872/2020 RERA/AO/248/2020

Sri Dhirendra Kumar, S/o Sri Chandra Chur Prasad Singh, R/o Vill-Nipania, P.O.-Barauni, DistrictBegusarai, Bihar-851112. At Present: Flat No.1105, Block-E, Greenwood ANagar Extension, Lucknow-226010.

RERA/CC/873/2020 RERA/AO/249/2020

Sri Anurag Kumar, S/o Sri Hari Kishor Prasad, R/o Vill-Simra, P.O.-Parsa Bazar, District804453. At Present: Qtr. No.C/11, Power Grid Corporation of India Ltd., Maranga, NH-31, Bypass Road, District-Purnea, PIN-854301.



R STATE BUILDING CONSTRUCTION CORPORATION CAMPUS

Sri Alok Kumar Singh, S/o Sri Vishwanath Prasad operative, Bokaro Steel

Block, Jagsuman Apartment, Argora-Kathal More Road, Aryan Road, Pundag, Ranchi,

/o Sri Lakshman Singh, R/o Kunj Apartment, Majistrate

Flat No.401, Rama Shyama Villa, Gola Road, Patna-

Sri Sudeep Kumar, S/o Sri Jai Prakash Prasad, R/o Kunj Apartment, Majistrate

Flat No.401, Rama Shyama Villa, Gola Road, Patna-

Babu Singh, R/o Vaishali-844509.

Dariyapur Kafen, District-

Kumar, S/o Sri Chandra Chur Prasad Barauni, District-

Apartment, Gomti 226010.

Kishor Prasad, R/o Parsa Bazar, District-Patna, PIN-

Qtr. No.C/11, Power Grid Corporation of India Ltd.,


7. RERA/CC/874/2020 RERA/AO/250/2020

8. RERA/CC/875/2020RERA/AO/251/2020

9. RERA/CC/876/2020RERA/AO/252/2020

10. RERA/CC/877/2020RERA/AO/253/2020

11. RERA/CC/878/2020RERA/AO/254/2020

12. RERA/CC/893/2020RERA/AO/255/2020

13. RERA/CC/894/2020RERA/AO/256/2020

14. RERA/CC/895/2020RERA/AO/257/2020

15. RERA/CC/905/2020RERA/AO/261/2020

IN


RERA/CC/874/2020 RERA/AO/250/2020

Sri Namit Sharat, S/o Sri Upendra Prasad Mandal, R/o Barmasia, PO.+P.S.-Katihar-854105At Present: Qtr. No.C-5, Power Grid Residential Colony, Near Panama Chowk, Jammu.

RERA/CC/875/2020 RERA/AO/251/2020

Sri Ramit Anand, S/o late Vinod Kumar Srivastava,R/o Nirala Path, Binoba Nagar, Postal Park, Patna-800001. At Preasent: Qtr. No.C/7, Power Grid colony, NHMaranga, P.O.-Lalganj, Purnea-854303.

RERA/CC/876/2020RERA/AO/252/2020

Sri Dharmendra Kumar, S/o Late Chandranath Prasad Karan, R/o H.No.997/1, Sainik Colony, VillDumardaga, Near Panchayat Bhawan, P.O.-Buti, Ranchi, Jharkhand-835217.

RERA/CC/877/2020/AO/253/2020

Ms. Anshu Mala, D/o Sri MahendraR/o F-18, Kalpataru Vatika (JharokhaNear Thakur House, Kandivali, East Mumbai, Maharashtra-400101.

RERA/CC/878/2020RERA/AO/254/2020

Sri Narendra Kumr, S/o Jagdish Prasad, +P.O.-Korari, P.S.-Nagarnausa, DistrictBihar-801305. At Present: B-1/5, Power Grid Township, Karbigahia, Jakkanpur, Patna, Bihar,PIN-800001.

RERA/CC/893/2020RERA/AO/255/2020

Sri Ranjit Kumar, S/o Tilakdhari Prasad, R/o Flat No,206, Kashi Palace, Road No.09, Arpana Bank Colony, Ramjaipal Path,District-Patna.

RERA/CC/894/2020RERA/AO/256/2020

Ms. Pooja, D/o Sri Uday Kumar Singh, R/o B-606, Vasudeo Enclave, Kankarbagh Main Road (Opp: Jalanshop, Patna-800020.

RERA/CC/895/2020RERA/AO/257/2020

Sri Pankaj Kumar Choudhary, S/o DeorajChoudhary, R/o Vill-Danubigha, P.O.P.S.-Makhdumpur,Near Kachnama, DistrictJehanabad, Bihar-804424. At Present: Flat No.C-305, Power Grid Township, SectorGurgaon, PIN-124001.

RERA/CC/905/2020RERA/AO/261/2020

Sri Durgesh Kumar Jha, S/o Deo Chandra Jha, WaNo.43, Ward No.8, Poowari Tola, KalaliSinghia, Samastipur-848209. At Present: C-122, NTPC Township, Dadri NTPCGoutambudh Nagar, Noida, U.P.-201008.

Sharat, S/o Sri Upendra Prasad Mandal, 854105

5, Power Grid Residential Colony, Near

Vinod Kumar Srivastava, /o Nirala Path, Binoba Nagar, Postal Park,

H-31, Bypass, 854303.

Chandranath ainik Colony, Vill-

Bhawan, 835217.

/o Sri Mahendra Pratap Arya, harokha), Akurli Road,

East Mumbai,

Kumr, S/o Jagdish Prasad, R/o Vill-Nagarnausa, District-Nalanda,

1/5, Power Grid Township, Karbigahia, Jakkanpur,

dhari Prasad, R/o Flat No,206, Kashi Palace, Road No.09, Arpana Bank

Patna.

/o Sri Uday Kumar Singh, Kankarbagh Main Road

/o Deoraj bigha, P.O.-Manjosh,

Kachnama, District-

305, Power Grid Township, Sector-43,

Sri Durgesh Kumar Jha, S/o Deo Chandra Jha, Ward Tola, Kalali Chowk,

TPC, Dadri, 201008.


16. RERA/CC/948/2020RERA/AO/266/2020

17. RERA/CC/956/2020RERA/AO/271/2020

18. RERA/CC/1020/2020RERA/AO/290/2020

19. RERA/CC/1062/2020RERA/AO/308/2020

20. RERA/CC/1063/2020RERA/AO/309/2020

21. RERA/CC/1208/2020RERA/AO/337/2020

22. RERA/CC/1209/2020RERA/AO/338/2020

23. RERA/CC/1236/2020RERA/AO/348/2020

IN


RERA/CC/948/2020RERA/AO/266/2020

Md. Anisur Rahman, S/o Md. Fazlur Rahman Ansari, At-Ledatand, P.O.-Madaidih, P.S.-Topchanchi, Distriict-Dhanbad, Jharkhand-828402.At Present: Flat No.402, Savita Apartment, Indrapuri Road No.4, Samanpur, Patna-800023, Bihar.

RERA/CC/956/2020RERA/AO/271/2020

Sri Vinay Kumar, S/o Raj Nath Sharma, R/o B-06,Power Grid, NH-77,DariyapurMuzaffarpur, Bihar-844127.

RERA/CC/1020/2020RERA/AO/290/2020

Sri Ramnandan Prasad Singh, S/o Late Yamuna Mahto, R/o Ramchandarpur, ManglaSadanand College, Biharsharif, District(Bihar)-803101.

RERA/CC/1062/2020RERA/AO/308/2020

Smt. Sweta Kumari, W/o Sri Rajeev Ranjan, R/o VillChhutu, P.S.-Ranchi Chhutu, DistrictJharkhand-835217. At Present: Ramchandrapur, ManglaSthan, In Front of Sadanand College, District-Nalanda, (Bihar)-803101.

RERA/CC/1063/2020RERA/AO/309/2020

Roshan Kumar Yadav, S/o Ramesh Chandra Yadav, R/o Vill-Kharik, P.O.-Rahua-Sangram, (Via), Madhepur, District-Madhubani, Bihar

RERA/CC/1208/2020RERA/AO/337/2020

Sri Purushottam Kumar Sinha, S/o LChandra Mehta, R/o New Area, RanaBigha, P.O.RanaBigha, P.S.-Aadarsh Thana Deep Nagar, DistrictNalanda (Biharsharif)-803216. At Present: B-3/4 Power Grid Colony, Near VillageRoad, Jabalpur, M.P.-482002.

RERA/CC/1209/2020RERA/AO/338/2020

Smt. Vinita Kumari Sinha, W/o Sri Purushottam Kumar Sinha, R/o New Area RanaBigha, P.O.RanaBigha, P.S.-Aadarsh Thana Deep Nagar, DistrictNalanda (Biharsharif)-803216. At Present: B-3/4, Power Grid Colony, Near Village Sukha, Patna Road, Jabalpur,M.P.-482002.

RERA/CC/1236/2020RERA/AO/348/2020

Sri Kaushlendra Kumar Gupta, S/o Chmri Prasad Gupta, R/o Near Primary School, LakhanuNalanda, Bihar-811103. At Present: Qtr. No.B3/5, Power Grid Colony, VillagePost-Sitpura, Pana Road, Satna-485441.

S/o Md. Fazlur Rahman Ansari, Topchanchi,

828402.

Flat No.402, Savita Apartment, Indrapuri Road No.4,

ath Sharma, 77,Dariyapur Kafen, Turki,

Sri Ramnandan Prasad Singh, S/o Late Yamuna Mahto, R/o Ramchandarpur, Mangla Sthan, Infront of

District-Nalanda

Kumari, W/o Sri Rajeev Ranjan, R/o Vill-Ranchi Chhutu, District-Ranchi,

Ramchandrapur, ManglaSthan, In Front of Sadanand 803101.

Roshan Kumar Yadav, S/o Ramesh Chandra Yadav, Sangram, (Via),

adhubani, Bihar-847408.

Purushottam Kumar Sinha, S/o Late Jagdish /o New Area, RanaBigha, P.O.-

Aadarsh Thana Deep Nagar, District-

3/4 Power Grid Colony, Near Village-Sukha, Patna

W/o Sri Purushottam R/o New Area RanaBigha, P.O.-

Aadarsh Thana Deep Nagar, District-

Near Village Sukha, Patna

Kaushlendra Kumar Gupta, S/o Chmri Prasad akhanu Bigha,

Village-Lalpur, 485441.


24. RERA/CC/1254/2020RERA/AO/354/2020

25. RERA/CC/1307/2020RERA/AO/377/2020

26. RERA/CC/1309/2020RERA/AO/379/2020

27. RERA/CC/1390/2020RERA/AO/411/2020

28. RERA/CC/1391/2020RERA/AO/412/2020

29. RERA/CC/1410/2020RERA/AO/422/2020

IN


RERA/CC/1254/2020RERA/AO/354/2020

Sri Mukesh Kumar, S/o Sri Krishna Nandan Prasad, R/o C/o Lt. Gunuri Rajak, Vill-Nardiganj,District-Nawada, Bihar. At Present: Champa Niwash, Barwadda Road, MemcDhaiya, Near Rita Verma Petrol Pump, DistrictDhanbad, Jharkhand.

RERA/CC/1307/2020RERA/AO/377/2020

Sri Suman Kumar, S/o Sri AnirudhBuddhuchak Barmishya, P.O.+District854105. At Present: Qtr. No.B-3/1, 400/220KV Power Grid, Gaurichak, Patna, Patna-Gaya Road, Gaurichak.

RERA/CC/1309/2020RERA/AO/379/2020

Sri Nawal Kishore Prasad, S/o Late Ragubir Prasad, R/o Mirjapur Mohanagani, West Champaran, Bihar-845438. At Present: Power Grid Bir Para, District-AlipurduaShow Room Land-Madari Hat Road, PIN

RERA/CC/1390/2020411/2020

Dr. Tabassum Khan, D/o MahmoodMd. Abdul Riad, R/o Minuthong Hafiz HattaImphal Municipl Council Imphal East, Manipur-795005. At Present: H/o 121 Riverbelt Colony Dimapur, Nagaland-797112.

2020AO/412/2020

Sri Intikhab Alam Khan, S/o Sri MahmoodKhan, R/o Jagaulia Tola Gulab Khan, P.S.Post-Rupni,East Champaran, BiharAt Presnet: Flat No.304,Zeenat Tower Samanpura, Raja Patna-800014.

2020AO/422/2020

Sri Krishna Chandra Bahera, S/o Sri B.M. BeheR/o Ananda Nagar, P.O.-Lanjipali, Brahmapur, District-Ganjam, Odisha-760008. At Present: Power Grid Corporation of India Ltd., Regional Head Quarter, Plot No.54, Opp: Ambe Vidyalaya, SamaSavli Road, Vadodara,Gujrat-390024.

Sri Mukesh Kumar, S/o Sri Krishna Nandan Prasad, ardiganj,

Memco More Dhaiya, Near Rita Verma Petrol Pump, District-

Sri Suman Kumar, S/o Sri Anirudh Mandal, R/o Barmishya, P.O.+District-Katihar, PIN-

Power Grid, Gaurichak, Gaya Road, Gaurichak.

Sri Nawal Kishore Prasad, S/o Late Ragubir Prasad,

Alipurduar, OPP: Suzuki Madari Hat Road, PIN-735204.

Khan, D/o Mahmood AlamKhan, W/o

Municipl Council

H/o 121 Riverbelt Colony Dimapur,

Khan, S/o Sri Mahmood Alam Gulab Khan, P.S.-Madhuban,

Rupni,East Champaran, Bihar-845420.

pura, Raja Bazar,

, S/o Sri B.M. Behera, anjipali, Brahmapur,

Power Grid Corporation of India Ltd., WRTS-II, Regional Head Quarter, Plot No.54,

Vidyalaya, SamaSavli Road,


30. RERA/CC/1726/2020RERA/AO/596/2020

1.

2.

M/s Agrani Homes Pvt. Ltd.

Through it’s Director

Sri Alok Kumar, Director, No.15, Ward No.1FA, Near Ruban Hospital, Patliputra Colony, District-Patna (Bihar) PINPresently Residing: Yogipur Chitragupta Nagar, P.S.P.O. Lohia Nagar, Kankarbagh, Patna

Appearance:

For Complainants

For Respondents

In view of the fact that these 30 complaint cases relate to same project

“Power Grid Nagar” of the Promoter/Respondents and allegations are

similar nature, so a composite order is being passed in all these cases.

2. These complaint cases are filed by the complainants named above

against the Respondent No.1, M/s Agrani Homes Pvt. Ltd. through

Respondent No.2, Sri Alok Kumar,

u/s 31 read with Section

2016 (hereinafter referred to as the “Act, 2016”) for refund of their advanced

principal amount along with accrued interest

15-03-2021

IN


2020AO/596/2020

Sri Manan Kumar Singh, S/o Sri Sadanand Singh, R/o C3, Power Grid , Near LIC Office, RupnarayanpurBazar, District-Barddhaman, West Bengal

Versus

M/s Agrani Homes Pvt. Ltd.

Director,

Director, S/o Sri Padum Singh, House No.15, Ward No.1FA, Near Ruban Hospital, Patliputra

Patna (Bihar) PIN-800013

Chitragupta Nagar, P.S.-Patrakar Nagar, P.O. Lohia Nagar, Kankarbagh, Patna-800020

... Respondents

Present:

Sri Ved Prakas Adjudicating Officer

... Sri Kishore Kunal, Advocate

... Sri Alok Kumar, Director

O R D E R


“Power Grid Nagar” of the Promoter/Respondents and allegations are


These complaint cases are filed by the complainants named above


Respondent No.2, Sri Alok Kumar, Director of M/s Agrani Homes Pvt. Ltd.

u/s 31 read with Section-71 of Real Estate (Regulation & Development) Act,


principal amount along with accrued interest 18% per annum there

Sri Manan Kumar Singh, S/o Sri Sadanand Singh, Near LIC Office, Rupnarayanpur

Barddhaman, West Bengal-713364.

... Respondents

Ved Prakash Adjudicating Officer

Kishore Kunal, Advocate

Sri Alok Kumar, Director


“Power Grid Nagar” of the Promoter/Respondents and allegations are of


These complaint cases are filed by the complainants named above


of M/s Agrani Homes Pvt. Ltd.

Development) Act,


18% per annum thereon and


compensation of Rs.5

harassment with litigation cost of Rs.1.00 lac to each complainant,

consequent to non-delivery of their allotted flats.

3. In nutshell, the common case of the complainants is that the

Respondents with ulterior motive

projects like “Power Grid Nagar”, Sarari, Danapur, Sampatchak

Varanasi to construct approximately 300 residential flats having sup

up area of 1626 sq.ft. (Carpet Area

parking space to be allotted to the employees/ex

Corporation of India Ltd.

published by the Respondents and

collectively that delivery of possession of flats shall be made within 3 years

with grace period of 6 months and many othe

to the consumers including the present complainants. These complainan

are employees/ex-emp

India, N.T.P.C. etc. and they formed a Society in the

Employees Welfare Housing Society

of P.E.W.A., Patna) having it

Patna-800001, Bihar with objective to get constructed a residential complex

for its members. On 19


General Secretary, Sri Shatrugh

(M.O.U.) regarding the project “Powe

IN


5.00 lacs for their economical, physical and

litigation cost of Rs.1.00 lac to each complainant,

delivery of their allotted flats.

In nutshell, the common case of the complainants is that the

Respondents with ulterior motive proposed in the name and style of various

projects like “Power Grid Nagar”, Sarari, Danapur, Sampatchak

to construct approximately 300 residential flats having sup

26 sq.ft. (Carpet Area – 1300 sq.ft) along with one reserve car

king space to be allotted to the employees/ex-employees of Power Grid

Corporation of India Ltd., as per their choice. Various brochures were

Respondents and it was assured individually and


with grace period of 6 months and many other amenities were also promised

to the consumers including the present complainants. These complainan

employees of Power Sector like Power Grid Corporation of

India, N.T.P.C. etc. and they formed a Society in the name of “Power Grid

elfare Housing Society” / “Power Welfare Organization

having it’s office at Alankar Place, P.O.

800001, Bihar with objective to get constructed a residential complex

On 19-04-2014 the Respondents and Power Grid

Employees Welfare Housing Society (A Unit of P.E.W.A., Patna)

Secretary, Sri Shatrughan Mishra entered into an Agreement

(M.O.U.) regarding the project “Power Grid Nagar”, situated at

economical, physical and mental

litigation cost of Rs.1.00 lac to each complainant,

In nutshell, the common case of the complainants is that the

in the name and style of various

projects like “Power Grid Nagar”, Sarari, Danapur, Sampatchak and

to construct approximately 300 residential flats having super built

1300 sq.ft) along with one reserve car

employees of Power Grid

Various brochures were

it was assured individually and


r amenities were also promised

to the consumers including the present complainants. These complainants

ower Grid Corporation of

name of “Power Grid

Power Welfare Organization” (A Unit

office at Alankar Place, P.O.-Boring Road,

800001, Bihar with objective to get constructed a residential complex

and Power Grid

(A Unit of P.E.W.A., Patna) through it’s

n Mishra entered into an Agreement

Grid Nagar”, situated at Mauza-


Fathepur, P.S.-Gauri Chak, Sampatchak

100 residential flats with one reserve car

area of 1626 sq.ft. (Carper Area 1300 sq.ft.)

allotted to it’s members as per their choice.

Respondents and Sri Shatrughan Mishra,


flat on consideration of Rs.

as per agreement, each comp

the consideration amount for purchase of fl

4. Details of the payment of instal

the Respondents may be seen through the chart as under:

Sl. No.

Complaint Case No.

(1) (2)

1. RERA/CC/868/2020 RERA/AO/244/2020

2. RERA/CC/869/2020 RERA/AO/245/2020

3. RERA/CC/870/2020 RERA/AO/246/2020

4. RERA/CC/871/2020 RERA/AO/247/2020

5. RERA/CC/872/2020 RERA/AO/248/2020

6. RERA/CC/873/2020 RERA/AO/249/2020

7. RERA/CC/874/2020 RERA/AO/250/2020

8. RERA/CC/875/2020 RERA/AO/251/2020

IN


Gauri Chak, Sampatchak, Patna (Bihar) for construction of

100 residential flats with one reserve car parking space with s

(Carper Area 1300 sq.ft.) consisted in two Blocks to be

s members as per their choice. As per assurance of

Respondents and Sri Shatrughan Mishra, General Secretary of Power Grid

s Welfare Housing Society, each member has agreed

flat on consideration of Rs.6.00 lacs plus applicable Service Tax. As such,

as per agreement, each complainant has paid his/her instal

consideration amount for purchase of flat.

etails of the payment of instalments made by the complainants to

the Respondents may be seen through the chart as under:-

CHART

Name of the Complainant

Total Consideration of

the Flat (Applicable Taxes

Extra) Rs.

Date of Advance

Payment of Instalment

(3) (4) (5)

Sri Alok Kumar Singh

6,00,000.00 30-04

Smt.Kumari Smita

6,00,000.00 19-0407-06

Sri Sudeep Kumar

6,00,000.00

19-04

Sri Chandan Kumar

6,00,000.00 16-07

Sri Dhirendra Kumar

6,00,000.00 16-07

Sri Anurag Kumar

6,00,000.00

30-0403-03

Sri Namit Sharat

6,00,000.00 16-07

Sri Ramit Anand 6,00,000.00

30-0417-03

, Patna (Bihar) for construction of

parking space with super built up

consisted in two Blocks to be

As per assurance of

General Secretary of Power Grid

agreed to purchase a

.00 lacs plus applicable Service Tax. As such,

lainant has paid his/her instalments towards

by the complainants to

Date of Advance

Payment of Instalment

Amount of Advanced

Consideration

Rs.

(5) (6)

04-2014 2,00,000.00

04-2014 06-2016

Total

2,00,000.00 2,14,500.00

4,14,500.00

04-2016 07-06-

2016

Total

2,00,000.00 2,14,500.00

4,14,500.00

07-2014 2,00,000.00

07-2014 2,00,000.00

04-2014 03-2016

Total

2,00,000.00 2,14,640.00

4,14,640.00

07-2014 2,00,000.000

04-2014 03-2016

Total

2,00,000.00 2,14,500.00

4,14,500.00


9. RERA/CC/876/2020 RERA/AO/252/2020

10. RERA/CC/877/2020 RERA/AO/253/2020

11. RERA/CC/878/2020 RERA/AO/254/2020

12. RERA/CC/893/2020 RERA/AO/255/2020

13. RERA/CC/894/2020 RERA/AO/256/2020

14. RERA/CC/895/2020 RERA/AO/257/2020

15. RERA/CC/905/2020 RERA/AO/261/2020

16. RERA/CC/948/2020 RERA/AO/266/2020

17. RERA/CC/956/2020 RERA/AO/271/2020

18. RERA/CC/1020/2020 RERA/AO/290/2020

19. RERA/CC/1062/2020 RERA/AO/308/2020

20. RERA/CC/1063/2020 RERA/AO/309/2020

21. RERA/CC/1208/2020 RERA/AO/337/2020

22. RERA/CC/1209/2020 RERA/AO/338/2020

23. RERA/CC/1236/2020 RERA/AO/348/2020

24. RERA/CC/1254/2020 RERA/AO/354/2020

25. RERA/CC/1307/2020 RERA/AO/377/2020

26. RERA/CC/1309/2020 RERA/AO/379/2020

27. RERA/CC/1390/2020 RERA/AO/411/2020

28. RERA/CC/1391/2020 RERA/AO/412/2020

29. RERA/CC/1410/2020 RERA/AO/422/2020

IN


Sri Dharmendra Kumar

6,00,000.00

13-0507-06

Ms. Anshu Mala 6,00,000.00 16-07

Sri Narendra Kumr

6,00,000.00 30-04

Sri Ranjit Kumar

6,00,000.00

16-0717-03

Ms. Pooja 6,00,000.00 30-04

Sri Pankaj Kumar Choudhary

6,00,000.00 24-06

Sri Durgesh Kumar Jha

6,00,000.00 16-07

Md. Anisur Rahman

6,00,000.00 05-05

Sri Vinay Kumar 6,00,000.00

16-0717-03

Sri Ramnandan Prasad Singh

6,00,000.00 25-0607-03

Smt. Sweta Kumari

6,00,000.00

12-05

15-03

Roshan Kumar Yadav

6,00,000.00 16-07

Sri Purushottam Kumar Sinha

6,00,000.00

16-0717-03

Smt. Vinita Kumari Sinha

6,00,000.00

16-0717-03

Kaushlendra Kumar Gupta

6,00,000.00

16-0717-03

Sri Mukesh Kumar

6,00,000.00

16-0717-03

Sri Suman Kumar

6,00,000.00

19-0403-03

Sri Nawal Kishore Prasad

6,00,000.00

16-0717-03

Dr. Tabassum Khan

6,00,000.00

30-0407-10

Sri Intikhab Alam Khan

6,00,000.00

19-0417-03

Sri Krishna Chandra Bahera

6,00,000.00

28-0431-05

05-2014 06-2016

Total

2,00,000.00

2,14,500.00

4,14,500.00

07-2014 2,00,000.00

04-2014 2,00,000.00

07-2014 03-2016

Total

2,00,000.00 2,00.000.00

4,00,000.00

04-2014 2,00,000.00

06-2014 2 ,00,000.00

07-2014 2,00,000.00

05-2014 2,00,000.00

07-2014 03-2016

Total

2,00,000.00 2,14,500.00

4,14,500.00

06-2014 03-2016

2,00,000.00 2,14,500.00

05-2015

03-2016

Total

2,00,000.00

2,14,500.00

4,14,500.00

07-2014 1,94,006.00

07-2014 03-2016

Total

2,00,000.00 2,00,000.00

4,00,000.00

07-2014 03-2016

Total

2,00,000.00 2,00,000.00

4,00,000.00

07-2014 03-2016

Total

2,00,000.00 2,00.000.00

4,00,000.00

07-2014 03-2016

Total

2,00,000.00 2,14,500.00

4,14,500.00

04-2014 03-2016

Total

2,00,000.00 2,00,000.00

4.00,000.00

07-2014 03-2016

Total

2,00,000.00 2,14,500.00

4,14,500.00

04-2014 10-2016

Total

2,00,000.00 2,18,000.00

4,18,000.00

04-2014 03-2016

Total

2,00,000.00 2,14,500.00

4,14,500.00

04-2014 05-2016

Total

2,00,000.00 2,14,500.00

4,14,.500.00


30. RERA/CC/1726/2020 RERA/AO/596/2020

5. The Respondents did not

prescribed time of 3 years and the grace period of 6 months from the date of

execution of said Agreement

vendee/buyer, as per Agreement

his/her deposited amount along with accrued interest thereon on Bank rate

from the Respondents. In spite of assurance, the Respondents f

deliver possession of the flat to the complainants and also failed to refund

the advanced consideration money to them.

these complaint cases against the Respondents with above reliefs.

6. The Respondents after appearances have filed replies pleading

alia that they are ready to refund the principal amount of each and every

complainant on cancellation of their allotment of flats, but they may be

provided some time

amount in instalments

adjust the principal amount of the complainants in t

situated in Parmanandpur,

cases may be disposed

7. On the basis of the pleadings

learned lawyer for complainant

the following points may be formulated to adjudicate the case:

IN


Sri Manan Kumar Singh

6,00,000.00 16-07

The Respondents did not start/complete the above project within the


Agreement dated 19-04-2014, due to which each

vendee/buyer, as per Agreement, has become entitled to get refunded

eposited amount along with accrued interest thereon on Bank rate

from the Respondents. In spite of assurance, the Respondents f

possession of the flat to the complainants and also failed to refund

consideration money to them. So, the complainants have filed


The Respondents after appearances have filed replies pleading

ady to refund the principal amount of each and every

cancellation of their allotment of flats, but they may be

till September, 2021 for refund of their principal

in instalments. They have further stated that they are also ready to

adjust the principal amount of the complainants in their project of plot/land

situated in Parmanandpur, and in light of their assurances these complaint

cases may be disposed of.

On the basis of the pleadings of the parties and submissions of the

learned lawyer for complainants and Respondent No.2, Sri Alok Kumar,

the following points may be formulated to adjudicate the case:

07-2014 2,00,000.00

complete the above project within the


, due to which each

has become entitled to get refunded

eposited amount along with accrued interest thereon on Bank rate

from the Respondents. In spite of assurance, the Respondents failed to

possession of the flat to the complainants and also failed to refund

So, the complainants have filed


The Respondents after appearances have filed replies pleading inter-

ady to refund the principal amount of each and every

cancellation of their allotment of flats, but they may be

of their principal

. They have further stated that they are also ready to

heir project of plot/land

and in light of their assurances these complaint

and submissions of the

and Respondent No.2, Sri Alok Kumar,

the following points may be formulated to adjudicate the case:-


(i) Whether the complainants are entitled for refund of

their advanced

interest @ 18% per annum thereon against the

Respondents

(ii) Whether each complainant is entitled for

compensation of Rs.

for his/her economical, physical and mental

harassment?

(iii) Whether each and every complainant is entitled for

litigation cost of Rs.1.00 lac a

Point No.(i):

8. Admittedly, the complainants have constituted a Society consisting of

friends/employees/ex-

Corporation, N.T.P.C. etc. in the name and style of

Welfare Housing Society”

Patna) having its office at Alankar Place, P.O.

with the objective to get constructed a residential complex for its members.

It is also admitted case that

Society, Sri Shatrughan

Understanding (M.O.U.

Sri Alok Kumar, Director

Ltd. to construct 100 flats having super built up area 1626 sq.ft (

IN


Whether the complainants are entitled for refund of

advanced principal amount along with accrued

st @ 18% per annum thereon against the

espondents?

Whether each complainant is entitled for

compensation of Rs.5.00 lacs against the Respondents


harassment?

Whether each and every complainant is entitled for

litigation cost of Rs.1.00 lac against the Respondents?

Admittedly, the complainants have constituted a Society consisting of

-employees of power sector like Power Grid

Corporation, N.T.P.C. etc. in the name and style of “Power Grid Employees

Housing Society”/ “Power Welfare Organization” (A Unit of P.E.WA,

having its office at Alankar Place, P.O.-Boring Road, Patna


It is also admitted case that on 19-04-2014 the General Secretary of the

Shatrughan Mishra entered into a Memorandum of

M.O.U.) with the Respondents through Respondent No.2,

Director of the Respondent No.1, M/s Agrani Homes Pvt.

00 flats having super built up area 1626 sq.ft (

Whether the complainants are entitled for refund of

principal amount along with accrued

st @ 18% per annum thereon against the

Whether each complainant is entitled for

.00 lacs against the Respondents


Whether each and every complainant is entitled for

gainst the Respondents?

Admittedly, the complainants have constituted a Society consisting of

like Power Grid

Power Grid Employees

” (A Unit of P.E.WA,

Boring Road, Patna-800001


2014 the General Secretary of the

Memorandum of

with the Respondents through Respondent No.2,

Respondent No.1, M/s Agrani Homes Pvt.

00 flats having super built up area 1626 sq.ft (Carpet


Area 1300 sq.ft.) with one reserve car parking space consisted in two Blocks

on consideration of Rs

which have to be allotted to its members

agreed that each and every member shall purchase the flat on payment of

the above consideration in instalments to the Respondents.

have to deposit initially an amount of Rs.2.00 lacs plus applicable Service

Tax per flat on the date o

Rs.4.00 lacs plus applicable Service Tax shall be payable

schedule:-

1. On approval of Map, Rs.2.00 lacs plus Service Tax.

2. On starting of construction

The failure of any terms in payment schedule on part of

members/allottees M.O.U. shall have no effect and all

by the allottees to the Respondents/Developers shall be refunded, after

deduction of paid amount against t

Charge.

9. It was also agreed between the parties in para

construction of the said building

Gaurichak, Sampatchak, Patna

grace period of 6 months from the date of

vendee/buyer shall be entitled to Bank interest over the deposited amount

for such delayed period

IN



on consideration of Rs.6.00 lacs plus applicable Service Taxes on each flat,

which have to be allotted to its members, as per their choice. It was further


the above consideration in instalments to the Respondents.


Tax per flat on the date of signing of the M.O.U. and the balance amount of

Rs.4.00 lacs plus applicable Service Tax shall be payable, as per following

On approval of Map, Rs.2.00 lacs plus Service Tax.

of construction Rs.2.00 lacs plus Service Tax.


s M.O.U. shall have no effect and all the deposited amount

ttees to the Respondents/Developers shall be refunded, after

deduction of paid amount against the Service Tax plus 5% as Cancellation

It was also agreed between the parties in para-10 of Agreement that

aid building “Power Grid Nagar”, Mauza-

Gaurichak, Sampatchak, Patna shall be completed within 3 years with a

grace period of 6 months from the date of approval of Map, failing which the


for such delayed period.


.00 lacs plus applicable Service Taxes on each flat,

. It was further


the above consideration in instalments to the Respondents. The allottees


M.O.U. and the balance amount of

as per following

plus Service Tax.


the deposited amount

ttees to the Respondents/Developers shall be refunded, after

he Service Tax plus 5% as Cancellation

of Agreement that

-Fathepur, P.S.-

shall be completed within 3 years with a

approval of Map, failing which the



10. As per first proviso Section

should have filed Completion

project “Power Grid Nagar” has been completed prior to enforcement of the

Act, 2016 on 01-05

Certificate shows that the project is ongoing. During continuance of

Agreement, either the Respondents should have completed the project and

handed over possession to the complainants within the stipulated period or

should have refunded their principal amount alon

Bank rate as agreed in Agreement executed between both th

complainants have stated that several revised dates

possession were assured

flats. It is correct that the Agreements between both the parties were

executed on 19-04-2014 and time for delivery of possession was given

within 3 years with grace period of 6 months, which has expired on

19-10-2017, so the buyers/complainants cannot wait indefinite period for

delivery of possession of their flats.

Respondents have become unable to construct the project, then either

mottu or on demand they should have refunde

the complainants as stated above.

Section 18(b) of the Act, 2016, it is reasonable for this Court to hold that the

Respondents are liable to refund the principal amounts along with Bank

interest thereon, as per Agreement

IN


As per first proviso Section-3 of the Act, 2016, the Respondents

should have filed Completion/Occupancy Certificate for showing that the


05-2017 and non-filing of Completion/Occupancy

s that the project is ongoing. During continuance of



should have refunded their principal amount along with interest thereon at

Bank rate as agreed in Agreement executed between both th

complainants have stated that several revised dates for delivery

assured by the Respondents, but they failed to

t that the Agreements between both the parties were

2014 and time for delivery of possession was given


2017, so the buyers/complainants cannot wait indefinite period for

delivery of possession of their flats. It also shows that when the

Respondents have become unable to construct the project, then either

or on demand they should have refunded the principal

the complainants as stated above. Hence, as per proviso of Section



terest thereon, as per Agreement (M.O.U.), to each and every complainant.

the Act, 2016, the Respondents

Certificate for showing that the


filing of Completion/Occupancy

s that the project is ongoing. During continuance of



interest thereon at

Bank rate as agreed in Agreement executed between both the parties. The

for delivery of

by the Respondents, but they failed to deliver the

t that the Agreements between both the parties were

2014 and time for delivery of possession was given


2017, so the buyers/complainants cannot wait indefinite period for

It also shows that when the

Respondents have become unable to construct the project, then either Suo-

principal amounts to

, as per proviso of Section-12 and



, to each and every complainant.


11. The complainants have claimed interest @ 18% per annum on the

advance principal amount paid to the Respondents. But, the Respondent

No.2 submitted that the

other projects and interest @ 18% per annum is much high, hence, the

same may be minimised. On going through the record as well as

submissions of both the parties, it appears that the Respondents are

running other projects, in which th

naturally the payment

construction business of the Respondents as well as the interest of other

buyers. In such view

appears that the prevailing bank interest agreed between the parties in

Agreement (M.O.U.)

Respondents.

As per rule 17, 18 of the Bihar Real Estate (

Development) Rules, 2017

Respondents have to pay simple interest 2% above the M.C.L.R. of S.B.I.

Presently, the M.C.L.R. of S.B.I. is 7.30% per annum for Home Loan of more

than 3 years and if 2% is added, the interest rate will c

annum. Hence, the Respondents have to refund the principal amount to

each and every complainant paid by him/her to the Respondents along with

accrued simple interest @ 9.30% per annum on said principal amount from

the date of payment made by

Respondents. Accordingly, Point No.(i) is decided in positive in favour of

the complainants and against the Respondents.

IN


The complainants have claimed interest @ 18% per annum on the


No.2 submitted that the Respondents are also making constructions of




running other projects, in which the interest of other buyers is involved and

naturally the payment of higher rate of interest will adversely affect the


w of the matter and circumstances of the


may be appropriate to be levied against the

As per rule 17, 18 of the Bihar Real Estate (Regulation and

nt) Rules, 2017 (hereinafter referred to as the “Rules 2017”), the



than 3 years and if 2% is added, the interest rate will come 9.30% per




the date of payment made by the respective complainant to the


the complainants and against the Respondents.

The complainants have claimed interest @ 18% per annum on the


ing constructions of




e interest of other buyers is involved and

of higher rate of interest will adversely affect the


of the matter and circumstances of these cases, it


may be appropriate to be levied against the

Regulation and

(hereinafter referred to as the “Rules 2017”), the



ome 9.30% per




the respective complainant to the



Point No.(ii):

12. Each complainant has also claimed compensation of Rs.

his/her economical, physical and mental harassment. As per Section 72 of

the Act, 2016, the Respondents have been benefitted with advance principal

amount paid by the complainants, which is approximately more than

Rs.97,92,140/- and still the said amount is lying wit

they are using the same in development of their business. Presently, the

Respondents are avoiding delivery of flats/refund of advanced principal

amount to the complainants. It is also to be mentioned here with now a

flat of same area will not be available to each and every complainant in the

same locality at the same price, which was available to him/her in the year

2014. Hence, naturally the price of flats would have been multiplied.

the complainants have paid approximately

Service Tax to the Respondents, which is

consideration Rs.6.00 lacs and 12 complainants have paid Rs.2.00 lacs,

which is about 33% of the total consideration

their other projects and improving their business. In addition, in spite of

repeated assurances in the Court, the Respondents have not refunded the

advanced principal amount

into consideration, and the advance princip

complainants to the Respondents, I think,

complainant namely; Smt. Kumari Smita, Sri Sudeep Kumar, Sri Anurag

Kumar, Sri Ramit Anand, Sri Dharmendra

Sri Vinay Kumar, Sri

IN


Each complainant has also claimed compensation of Rs.

mical, physical and mental harassment. As per Section 72 of



and still the said amount is lying with the Respondents and

using the same in development of their business. Presently, the



a will not be available to each and every complainant in the


2014. Hence, naturally the price of flats would have been multiplied.

have paid approximately more than Rs.4.

Service Tax to the Respondents, which is about 66.00%

Rs.6.00 lacs and 12 complainants have paid Rs.2.00 lacs,

33% of the total consideration. The Respondents are running

projects and improving their business. In addition, in spite of


advanced principal amounts to the complainants. So, taking all situations

and the advance principal amount paid by the

complainants to the Respondents, I think, the complainants

namely; Smt. Kumari Smita, Sri Sudeep Kumar, Sri Anurag

Kumar, Sri Ramit Anand, Sri Dharmendra Kumar, Sri Ranjeet Kumar,

ay Kumar, Sri Ram Nandan Prasad Singh, Smt.Sweta Kumari,

Each complainant has also claimed compensation of Rs.5.00 lacs for

mical, physical and mental harassment. As per Section 72 of



the Respondents and

using the same in development of their business. Presently, the



a will not be available to each and every complainant in the


2014. Hence, naturally the price of flats would have been multiplied. 18 of

Rs.4.00 lacs plus

66.00% of the total

Rs.6.00 lacs and 12 complainants have paid Rs.2.00 lacs,

. The Respondents are running

projects and improving their business. In addition, in spite of


to the complainants. So, taking all situations

al amount paid by the

the complainants each

namely; Smt. Kumari Smita, Sri Sudeep Kumar, Sri Anurag

Kumar, Sri Ranjeet Kumar,

Nandan Prasad Singh, Smt.Sweta Kumari,


Sri Purushottam Kumar Sinha

Kumar Gupta, Sri Mukesh Kumar, Sri Suman Kumar, Sri Nawal Kishore

Prasad, Dr. Tabassum Khan, Sri Intikhab Alam Khan and Sri Krishna

Chandra Bahera has

12 complainants named above ha

for their economical, physical and mental harassment.

No.(ii) is decided in positive in favo

Respondents.

Point No.(iii):

13. The complainants have visited repeatedly to the office of the

Respondents and contacted them as well as their staffs for refund of their

advanced principal amounts, but neither the

have given any heed to their requests till filing of the present complaint

cases. Though the complainants have not brought any proof on the record

about the actual expenses incurred by them,

would have incurred expenses in visiting to the office of the Respondents,

engagement of lawyer, execution

Bihar, remittance of Court Fee and in all these processes they would have

incurred not more

Respondents. Accordingly, I find and hold that each and every complainant

is entitled for litigation cost of Rs.

Accordingly, Point No.(iii) is decided in positive in favour of the complainants

and against the Respondents.

IN


Sri Purushottam Kumar Sinha, Smt. Vinita Kumari Sinha, Sri Kaushlendra



to be paid Rs.50,000/- and each of the

12 complainants named above has to be paid Rs.25,000/- as

for their economical, physical and mental harassment. Acc

No.(ii) is decided in positive in favour of the complainants and against the

nants have visited repeatedly to the office of the


advanced principal amounts, but neither the Respondents nor their staffs



about the actual expenses incurred by them, but I think, the complainants

have incurred expenses in visiting to the office of the Respondents,

engagement of lawyer, execution of documents in the A.O. Court of RERA,


than Rs.15,000/-, which must be paid by the


is entitled for litigation cost of Rs.15,000/- against the Respondents.


ainst the Respondents.

, Smt. Vinita Kumari Sinha, Sri Kaushlendra



each of the remaining

as compensation

Accordingly, Point

ur of the complainants and against the

nants have visited repeatedly to the office of the


Respondents nor their staffs



I think, the complainants

have incurred expenses in visiting to the office of the Respondents,

of documents in the A.O. Court of RERA,


must be paid by the


against the Respondents.



Therefore, all the 30 complaint cases of the complainants named

above are allowed on contest with litigation cost of Rs.

fifteen thousand only) to each and every complainant

Respondents. The Respondents a

principal amounts along with accrued simple interest @ 9.30% per annum

thereon to the complainants

and every complainant to the Respondents till actual date of refund

said amount by the Respondents to each and every complainant. The

Respondents are further directed to pay compensati

complainants namely; Smt. Kumari Smita, Sri Sudeep Kumar, Sri Anurag

Kumar, Sri Ramit Anand,

Vinay Kumar, Sri Ra




Chandra Bahera Rs.50,000/

remaining 12 complainants named above Rs.25,000/

thousand only) as compensation for their econom

harassment. The Respondents are further directed to comply the order

within 60 (sixty) days, failing which the complainants are entitled get

enforced the order through process of the Court.

IN



above are allowed on contest with litigation cost of Rs.15,000/

thousand only) to each and every complainant

Respondents. The Respondents are directed to refund


to the complainants since the respective date of payment by

and every complainant to the Respondents till actual date of refund

by the Respondents to each and every complainant. The

espondents are further directed to pay compensation to


Kumar, Sri Ramit Anand, Sri Dharmendra Kumar, Sri Ranjeet Kumar,

ay Kumar, Sri Ram Nandan Prasad Singh, Smt. Sweta Kumari,




Chandra Bahera Rs.50,000/- (Rupees fifty thousand only) and

remaining 12 complainants named above Rs.25,000/- (Rupees twenty five

as compensation for their economical, physical and mental

The Respondents are further directed to comply the order


enforced the order through process of the Court.

(Ved Prakash)

Adjudicating OfficerRERA, Bihart, P{atna

15


5,000/- (Rupees

thousand only) to each and every complainant against the

the advanced


respective date of payment by each

and every complainant to the Respondents till actual date of refund of the

by the Respondents to each and every complainant. The

to each of the


, Sri Ranjeet Kumar, Sri

Sweta Kumari,




and each of the

(Rupees twenty five

ical, physical and mental

The Respondents are further directed to comply the order


Sd/-

(Ved Prakash) Adjudicating Officer RERA, Bihart, P{atna

15-03-2021

in real estate regulatory authority (rera)

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