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2021 (3) TMI 976 - Other - Indian LawsBreach of agreement entered into for sale of residential project - nearing completion project - Complainant Association has stated in the Complaint that the common facilities viz. Boundary wall, Medical Centre, Staff quarters, STP, Roads and Gardens which were promised are still not constructed and no effort was made by the Respondent Promoter to improve the infrastructure - complainant are seeking to enforce that the Promoter M/s. Serene Senior Living Pvt. Ltd. will complete the project as planned and provide residents with all infrastructure facilities - complainant also seeking relief in other complaints like Common facilities including club house, gardens should be handed over to the Association as per RERA Rules and also to attend warranty complaints. HELD THAT:- It is seen from the copy of the Construction Agreement for Flat No.C-104 in this Real Estate Project (attached with the Complaint as Annexure-I) that Para-21 of the Construction Agreement states that M/s. Serene Senior Care Pvt. Ltd (2nd Respondent) will provide services to the purchasers and also to other residents of Serene Rose for which a separate Services Agreement will be signed by the purchasers, the SSC (2nd Respondent) as well as the DEVELOPER (1st Respondent) along with this Agreement. This Construction Agreement with the Allottee Thiru A.K. Ragothaman has been executed on 16.09.2015 - It is also seen that the 1st Respondent Promoter as Power of Attorney Holder of the lands on which this Project is developed has sold 25,746 sq.ft. of undivided share of land to the 2nd Respondent the Service Provider and executed the sale deed dated 27.10.2017. This act of sale by the 1st Respondent Promoter is not only in contravention of the Section 17 of the RERA Act, but also against the provision in the Construction Agreement in para-22, 23 and 24 specifying the eligible person to whom the undivided share in the project can be sold. It is also seen from the Construction Agreement executed with the Allottees of this Project that the Club House is a common facility and the sale consideration paid for the construction of the flat and common amenities and facilities includes the Club House. The Brochure for the Serene Rose Real Estate project specifically mentions the Club House as one of the facilities for the Allottees - Therefore, the ownership of the Club house as well as the undivided share of the land on which the superstructure of the Club House is located has to be vested with the Association of Allottees only. It is for the 1st Respondent to ensure that the undivided share of the land measuring 25,746 sq.ft. and the Club House are conveyed to the Association of Allottees before 28.02.2021. For this purposes, the 1st Respondent Promoter shall pay back to the 2nd Respondent the sale consideration collected by them as Power of Attorney Holder from the 2nd Respondent towards undivided share of land and the 1st Respondent Promoter shall also repay the construction cost of the Club House which was paid by the 2nd Respondent to the 1st Respondent Promoter - With these payments, the 1st Respondent Promoter should get the ownership of the undivided share of land and the Club House and convey in favour of the Association of Allottees before 28.02.2021. This Complaint is disposed of.
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