Seizure Of Plots By CBI, Haryana RERA Refuses To grant Relief To Complainants
Haryana Real Estate Regulatory Authority (Authority) bench comprising Ashok Sangwan (Member) refused to grant relief to the complainants whose plot documents were seized by the Central Bureau of Investigation, Anti-Corruption Branch–III, New Delhi (CBI) and before whom the matter was pending. The complainants had approached the Authority seeking execution of the conveyance deed in...
Haryana Real Estate Regulatory Authority (Authority) bench comprising Ashok Sangwan (Member) refused to grant relief to the complainants whose plot documents were seized by the Central Bureau of Investigation, Anti-Corruption Branch–III, New Delhi (CBI) and before whom the matter was pending.
The complainants had approached the Authority seeking execution of the conveyance deed in their favour. DLF had provided possession of the plots in 2016 and the delay in executing conveyance deed occurred due to the complainants failure to obtain a No Objection Certificate from the CBI.
Background Facts
Complainant Priyanaka Batra and her Husband Vivek Batra booked a residential plot in the project “DLF Garden City” at Sector-91 and 92, Gurugram for a basic sale price of Rs.40,93,945. A Plot Buyer's Agreement was signed on 15 May 2014.
Under Clause 11(a) of the agreement, the builder was required to complete the construction and hand over possession within 24 months from the date of the agreement, making the due date for possession 15 May 2016. The complainants have so far paid Rs. 51,67,806 towards the sale consideration.
Later, an employee of the builder informed the complainants that their original file had been seized by the CBI. They were told that to register or execute the conveyance deed, they would need to arrange a No Objection Certificate from the concerned authority.
Feeling aggrieved, the complainants approached the authority seeking interest, possession of the plot and execution of the conveyance deed in their favour.
Contentions of DLF
Builder contended that in August 2017, the CBI seized the original file for the complainants' plot, along with files for other related properties. Since the allotment file was in the custody of the CBI, the builder, in January 2023 requested the complainants to obtain a No Objection Certificate from the said authority so that the sale deed could be registered. According to the builder, the complainants have not secured this NOC to date.
Observation and Direction by Authority
Authority observed that on 18 August 2017 the CBI, New Delhi asked the builder for details of various plots. The builder provided the details and on 29 August 2017 the CBI seized the original case file for this plot and other properties linked to the complainants.
Authority further noted that on 17 January 2023 the builder emailed the complainants to get a No Objection Certificate from the CBI so the sale deed could be registered. The complainants have not obtained this NOC till now.
Authority also noted that on 30 December 2024 the Enforcement Directorate issued a notice under the PMLA investigation concerning the complainants. The ED sought details of plots brought by complainants from the builder.
Authority held that since another forum is already hearing the matter and no clear details were given about it, no directions can be issued to the builder for now. It said the complainants may get a No Objection Certificate from the concerned authority and then approach the builder for possession and execution of the conveyance deed.
As a result, the Authority dismissed the complaint holding it to be not maintainable.
Case – Priyanka Batra and Vivek Batra Versus M/S DLF Limited
Citation - Complaint no. 5237 of 2024 and 5049 of 2024.