1

BEFORE THE HARYANA REAL ESTATE REGULATORY AUTHORITY,

GURUGRAM.
Complaint No HRR/GGM/CRN/_____/2024

In the Matter of :

JAYANT VOHRA AND OTHERS

…Complainant

Versus

BESTECH INDIA PVT. LTD AND OTHERS

…Respondent

INDEX

Complainant
JAYANT VOHRA
NEERAJ LOHCHAB
NITIN AHUJA

Date:- _______.2024
Place:

Form – ‘CRA’ - II [See rule

28(1)] (FOR REFUND)
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Complaint to the Haryana Real Estate Regulatory Authority, Gurugram

(Claim for Refund U/s 18 of RERA Act, 2016)
(Claim for relief, direction/orders and penalty proceedings under section 31 read
with sections 35, 36, 37 and section 38 of the Real Estate (Regulation &
Development) Act, 2016
For office use:
Date of filing
Date of receipt at the filing
counter of the Registry/receipt
by post/online filing
Complaint No.
Signature
Registrar

IN THE HARYANA REAL ESTATE REGULATORY AUTHORITY,

GURUGRAM
Between
1. JAYANT
VOHRA
2. NEERAJ
LOHCHAB
3. NITIN AHUJA
Complainant(s)
And
1. Bestech India Pvt.
Ltd.,
2. Mr. Dharmendra
Bhandari
3. Mr. Sunil Satija
Respondent(s)
I,………. the complainant submits following information on oath: -

1 Particulars of the complainant(s):

.
(i Name(s) of th e JAYANT VOHRA NEERAJ NITIN
) complainant/s LOHCHAB AHUJA
(i Address of the existing 504 Lavaca 48 Cedarwood G-159, Palam
i office /residence of the S #1000, Grove, Vihar,
) complainant/s Austin,TX 78701 Singapore, Gurgaon
738407

(i Address for service of 146C, Pocket C, House No. G-159, Palam

i all notices: Siddharth 202, Amber Vihar,
i) Extension, New Court I, Essel Gurgaon
Delhi, Towers, MG
Road,
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Gurgoan
(i Contact details
v
(a Phone No. :
)
) Landline
(b Mobile : +1 (512) 576-3926
)
(c Email for serving jayant.vohra@gmai Neeraj.lohchab Captnitinahuj
) notice and l.com @gmail.com a@gmail.com
communication

(v Particulars of the authorised representative,

) if any
(a) Name and Law offices of India Advocates and Advisers
profession
(b) Address of the H-1 Anand Niketan, New
existing office Delhi, 110021
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(c) Address for service H-1 Anand

of all notices: Niketan, New
Delhi, 110021

(d) Contact details

(e) I. Phone No. :

Landline
Mobile :
II +91 1124114333
. +91 1124115333
II Email : (For Info@lawoffices
I. service of the ofindia.com
notices and
official
communications)
2 Particulars of the
. respondent(s):
(i) Name(s) of the Bestech India Mr. Mr. Sunil Satija
respondent/s Pvt. Ltd Dharmendra
Bhandari
(ii Address of the Bestech Bestech Bestech House,
) existing House, 124, House, 124, 124, Sector-
office Sector- Sector- 44,Gurgoan,
/residence of the 44,Gurgoan, 44,Gurgoan, Haryana –
Haryana – Haryana – 122002
respondent/s
122002 122002

(ii Address for service of all Bestech Bestech Bestech House,

i) notices: House, 124, House, 124, 124, Sector-
Sector- Sector- 44,Gurgoan,
44,Gurgoan, 44,Gurgoan, Haryana –
Haryana – Haryana – 122002
122002 122002

(i Contact Details
v)
(a Phone No. :
) Landline
(b Mobile :
)
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(c Email : (For service

) of the notices and
official

communications)
(v
Particulars of the authorised representative, if any
)
Name and Not Known
(a)
profession
Address of the
(b)
existing office
(c) Address for service
of all notices:
(d) Contact Details
Phone No. :
(e) I.
Landline
II Mobile :
.
II Email : (For
I. service of the
notices and
official
communications)
3 Jurisdiction of the Authority:
. The complainant/authorised representative of complainant declares that the
subject matter of the claim falls within the jurisdiction of the Authority.

4 Brief facts:
. 1. That the complainant is a law-abiding citizen of India and is a resident of

the address indicated here-in-above in the heading of the complaint. The

respondent is a company registered under the provisions of the Companies
Act, 1956 and is primarily engaged in the real estate business.
2. That the respondent is having its registered office at 124, Institutional
Area, Sector - 44, Gurgaon, Haryana [AKA 'Bestech] and had, in the year
2007 floated a public offer to sell units in IT, / Cyber Space, under the
name and style "Orient Bestech Business Towers" in NH-8, Sector -34,
Gurgaon.
3. That the complainant by acting on the representations and believing the
offer of the respondents to be genuine and bonafide, had agreed to
purchase an Office Unit numbered 303 having super area of 2500 Sq. Ft.,
in the above project for a Price of Rs. 1,27,62,500 (Rupees One Crore
Twenty-Seven Lacs Sixty-Two Thousand Five Hundred only), which was
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inclusive of all External Development Charges, Infrastructure

Development Charges, Preferential Location Charges (wherever
applicable). [AKA 'Unit'].

4. That it was further represented by the respondent that the aforesaid

commercial complex would comprise of retail, entertainment spaces,
corporate offices etc. Further, it was assured by the respondent had even
assured the complainant that the complex would include amenities like
basement car parking, lift facility, chilled water pipe etc., as per their
agreement signed with the buyers.
5. That the complainant, believing the representations of the respondent to be
true, correct and genuine, had met the in good faith met the respondent with
his intentions to purchase a unit in their said project. During the said
meeting, the respondent had even verbally assured the complainant that all
the necessary sanctions pertaining to the said project have already been
obtained by it. The complainant was further assured by the respondent that
the unit would be leased by the developer and it was further. The
respondent further projected by them that the units in the project are selling
out rapidly and hence it would be in the best interest of the complainant to
secure the allotment of a unit in their said project at the earliest.

6. That tempted and convinced by the representations and assurances proffered

made by the respondent, the complainant had agreed to purchase a unit in
the said project on 12/07/2007 based on which the complainant was
provisionally allotted an area of Rs. 2500 Sq. Ft., @ Rs. 5,000/- per Sq. Ft.,
in the said project. As a result, based on the demand raised by the
respondent an amount of Rs. 18,75,000/- (Rupees Eighteen Lakh Seventy
Five Thousand Only) was remitted by the complainant to the respondent
towards the earnest money deposit. of the respondents, The Total Sale
consideration was further worked out and quantified by the respondent at
Rs. 1,27,62,500/= (Rupees One Crore Twenty Seven Lacs Sixty Two
Thousand Five Hundred only). promised to the complainant that the total
sale consideration would be quantified at Rs 1,27,62,500

7. That an Agreement to Sell dated 25/07/2007 was executed between M/s

Hiteshi Leasing and Housing Pvt. Ltd. and the complainant on 25.07.2007,
wherein it was provided that the complainant is desirous of purchasing a
duly constructed cyber area measuring 2500 sq. ft., along with
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proportionate rights in the land underneath for a total sale consideration of

Rs. 1,27,62,500. A copy of the said agreement is enclosed herewith as
Annexure-1. It is relevant pertinent to mention here that M/s. Hiteshi
Leasing and Housing Pvt. Ltd., had entered into an agreement with
Bestech, the respondents for purchasing a duly constructed cyber space
measuring 1,00,000 (One lac) Sq. Ft. to be built over an area measuring 40
Karnals, 7 Marlas at Gurgaon, in which the complainant was to be given
2500 Sq. Ft. cyber area. Subsequently, a letter dated 02.08.2007 was issued
by Bestech the respondents with reference to said Agreement to Sell dated
25.07.2007, clearly stating that Bestech the respondent is confirming the
transfer of the space admeasuring 2500 Sq. Ft. booked @ Rs 5,000/- per
Sq. Ft., out of the total area of 1,00,000 Sq. Ft. earlier allotted in the name
of M/s Hiteshi Leasing and Housing Pvt. Ltd., to the complainant.
8. That the authorised signatories of the respondent had executed the Buyers
Agreement with the complainant qua Unit No. 303, in the complex “Orient
Bestech Business Tower” in NH8, Sector – 34, Gurgaon, Haryana [AKA
BA] for a sale price of Rs. 1,27,62,500/- (Rupees One Crore Twenty Seven
Lacs Sixty Two Thousand Five Hundred only).

9. That as per Clause 14 of the Buyer’s Agreement, the respondent had

promised to hand over possession of the Unit within a period of twenty-
four months from the date of signing of the agreement i.e., on or before
25/07/2009. However, the respondent by its own admissions had allegedly
offered to hand-over the possession of the unit only on 01/07/2013 i.e.,
after a long, inordinate, and unexplained delay of almost four years. A copy
of the said possession hand-over letter dated ____________ is enclosed
here-with as Annexure-2. Even the aforesaid alleged possession hand-over
was absolutely misguiding as there is no demarcation of the complainant's
unit on the floor from other unit holders/buyers and only a virtual
possession was being offered. In otherwords, since there were no walls /
demarking boundaries to differentiate the complainant's unit from the other
units, it cannot be said that the respondent Bestech had offered the
possession to the complainant and the possession hand-over offer / letter
dated ___________ directing the complainant to take-over the physical
possession of the unit was simply an evidently an eyewash and an attempt
to cover up gross negligence on the part of the respondent mainly due to
the violations in the terms and conditions of the Buyer Agreement. As a
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result, Henceforth, Consequently, the respondent alone shall be held

responsible for the liabilities and the other consequences resulting due to
the said breach of contract by the respondent which is still continuing even
as on date.
10.That it may be added that the respondent had consciously ignored all the
letter, fax and emails of the complainant and conducting the delay in
handing over the possesion. The complainant reminded the respondent of
the terms and conditions of the buyer’s agreement where the respondent
has to execute the Buyer’s Agreement upon leasing out of the said unit.
11. That on the opposite side, the complainant has duly fulfilled with all terms
of the Buyer’s Agreement and paid a total amount of Rs. 1,28,87,000
(Rupees One Crore Twenty-Eight Lacs Eighty-Seven Thousand only) as
requested by Bestech from time to time. A letter was sent by Bestech on
13/07/2013 stating that occupation certificate dated 08.05.2013 has been
issued by the office of Directorate of Town and Country Planning, Haryana
undeniably confirms that Bestech received the occupation certificate after
an inordinate, unreasonable, and unexplained delay of almost four long
years.
12. That on 22.07.2013, the complainant, Mr. Nitin Ahuja, informed the
concerned employees of Bestech, Mr. Dharmendra Bhandari and Mr. Sunil
Satija through e-mail and registered post that they have offered the
possession after a long delay and detailed the loss suffered by the
complainant for the said delay.
13. That in the aforesaid letter, the complainant requested refund and
reimbursement of Rs. 1,46,63,972, and less the illelegal demand of
Bestech's for alleged maintenance as there is no provision of interest on the
due of maintenance. However, no reply whatsoever was received from
Bestech for reasons best known to them which proves beyond any scope of
doubt that Bestech has acknowledged and accepted its various defaults
under the BA and the contents of the complainant's letter dated 22.07.2013.
14. That a revised payment plan was attached to the Buyers Agreement in May
2009, which was not discussed or agreed upon by the complainant. The
revised payment plan differs from the original payment plan in several
aspects. Firstly, the original allotment and agreed payment plan specified
that charges for Car Parking and Interest-Free Maintenance Security
Deposit were to be paid at the time of possession. However, the new
payment plan demands payments from the 8th Installment onwards.
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Additionally, the revised plan imposes charges for Car Parking and
Interest-Free Maintenance Security Deposit, which the complainant
considers to be excessively high and unfair.
15. That the complainant proclaims their intention to follow the payment plan
as per the original allotment and make payments accordingly until the
matter is resolved. Despite already making all the payment against the
demanded installments, the complainant objects to being charged delayed
payment interest for installment No. 9, which was demanded ahead of time
and remains incomplete.
16. That Bestech's clear illegal conduct is further established by the fact that
despite its explicit representations and assurances to the complainant that it
will lease out their unit, it has been unable to do so. Almost sixteen years
have passed since the complainant agreed to purchase the unit from
Bestech but much to their shock and dismay, Bestech not only failed to
hand over the possession of the unit as per agreement, but also did not
lease out the unit as promised to the complainant. On the opposite hand,
Bestech has been demanding advance maintenance charges with penal
interest from the complainant which is illegal, unsustainable, and
actionable.
17. That the respondent has not lived up to the representations and assurances
proffered by it to the complainant at the time of booking the said unit in
the said project. The facts and circumstances mentioned above
comprehensively establish that there is a gross deficiency in service on the
part of the respondent. The respondent is further guilty of adopting unfair
trade practices and of unnecessarily cheating and defrauding the
complainant without there being any fault on their part.
18.That it is submitted that the complainant is entitled to refund, commitment
charges/assured return and compensation in the facts and circumstances of
the case. The complainant has fulfilled their contractual obligations arising
out of the said Buyer’s Agreement. Nevertheless, the complainant has been
penalised, harassed and victimised by the respondent without there being
any fault whatsoever on their part. The complainant deserves to be
compensated for loss of interest by the respondent and as well as for the
harassment and mental agony undergone by them on account of deceitful
and unfair trade practices adopted by the respondent. The complainant
reserves their right to seek compensation apart from the reliefs claimed
hereunder from the appropriate forum. No cogent or plausible explanation
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has been tendered by the respondent as to why the respondent has

miserably failed to adhere to and fulfil its commitments expressed in the
said Buyer’s Agreement.
19.That it is precisely for circumstances like these that Real Estate
(Regulation and Development) Act, 2016 (hereinafter “RERA Act”) was
enacted by the Parliament. The Parliament has consciously designed
remedies in the RERA Act in order to protect the wronged consumers such
as the complainant. In the instant case there has been a gross delay in
completion of the said project and flagrant violation of the terms and
conditions incorporated in the said Buyer’s agreement.
20.That the subject matter of the claim falls within the jurisdiction of this
Hon’ble Authority. The said project is located within the territorial
jurisdiction of this Hon’ble Authority. Hence, this Hon’ble Authority has
got the jurisdiction to try and decide the present complaint.
21.That the cause of action for the filing of the present complaint is a
recurring one and the cause of action accrued in favour of the complainant
each time when the respondent failed to complete the demarcation /
construction of the said unit, allotted to the complainant, within the
stipulated period. The cause of action further arose each time the
respondent failed to provide any document confirming the completion of
the project. The cause of action further arose each time when the
respondent had failed to lease out the said unit properly by handing over
the proper possession of the unit absolutely in accordance with the terms
and conditions as indicated in the Buyer’s Agreement.
22.That no other complaint between the complainant and the respondent is
pending for adjudication before any authority / court / forum regarding the
subject matter of the instant complaint.

PRAYER
Therefore, it is respectfully prayed that the instant complaint may very
kindly be allowed with costs and the reliefs sought, hereinafter, may very
kindly be granted in favour of the complainant. Any other direction that
this Hon’ble Authority deems fit may also be passed.
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5
Relief(s) sought:
.
In view of the facts mentioned at serial no. 4 above, the complainant/s prays for
the following relief(s)
[Specify below the relief(s) claimed explaining the grounds of relief(s) and
the legal provisions (if any) relied upon]

Sr. Relief sought

No.
1. In case of failure to give possession the allottee wishes to withdraw from
the project and without prejudice to any other remedy available seeks
return of the amount received by the promoter in respect of the allotted
unit with interest at the prescribed rate.
(i Amount paid
)
(i Total interest at
i) prescribed rate i.e.
MCLR + 2% till the
date of filing of
complaint
(i Total claim (Refund)
ii
)
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2. Any other relief

Particulars of [demand draft/bankers cheque or online payment] inrespect of the

fee in terms of sub-rule (1) of rule 28:

[Demand draft DD No. / Cheque No.

numbers/bankers
cheque/online
payment transaction
no.]
Date.

8
List of enclosures:
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.
(i) Copy of allotment letter

(ii) Copy of BBA

(iii) Copy of statement of account

(iv)
Copy of letter of offer of
possession, if any
(v)
Any other document relied
upon by the complainant/s
and referred to in the
complaint
(vi)
An index of
documents [To be
generated at the time
of PDF generated
online]
Signature of the complainant(s)

Verification

I …………….. , resident of …………. , the complainant do hereby verify that the

contents of complaint are true to my personal knowledge and belief and that I have
not suppressed any material fact(s).

Place:
Date:

Signature of the complainant(s)

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BEFORE THE HARYANA REAL ESTATE REGULATORY AUTHORITY,

GURUGRAM.
Complaint No HRR/GGM/CRN/_____/2024
In the Matter of :
JAYANT VOHRA AND OTHERS
…Complainant

Versus

BESTECH INDIA PVT LTD

…Respondent

AFFIDAVIT

I, ………. do hereby solemnly affirm and declare as under :-

1. That all the facts and submissions made in the accompanying complaint are
true and correct and nothing material has been concealed.
2. I am conversant with the facts of the case and I have understood its
contents. 3. That no similar complaint is pending before any Authority, Court of
Law, Consumer Disputes Redressal Commission or any other Tribunal
4. The accompanying complaint has been drafted under my instructions. I say that
the same are true and correct to my knowledge. The contents of aforesaid
complaint may very kindly be read as part of this affidavit for the sake of brevity.

Deponent
Verification
Verified at ____________ on _______.2024 that the contents of this affidavit are
true and correct to my knowledge & belief and no part of it is false and nothing
material has been concealed therefrom.

Deponent