GUJ RERA Application Draft | Advocate Paresh M Modi | 9925002031

GUJ RERA Application Draft | Advocate Paresh M Modi | 9925002031

Here is a GUJ-RERA Application Draft under the Civil Procedure Code (CPC) for a flat booking holder against the builder. The builder has allegedly taken payment in both black (cash) and white (official transaction) and is now denying possession, citing pending cash payment as the reason.

Draft Memo OR Petition Draft OR Application Draft

BEFORE THE GUJARAT REAL ESTATE REGULATORY AUTHORITY (GUJ-RERA), AHMEDABAD

Application No.: ________ of 20__

IN THE MATTER OF:

[Applicant’s Name],
[Full Address],
[Contact Details],
(Flat Booking Holder)
… Applicant

VERSUS

[Builder’s Name/Developer’s Name],
[Builder’s Office Address],
[RERA Registration Number],
(Contact Details)
… Respondent

APPLICATION UNDER SECTION 31 OF THE REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016 READ WITH APPLICABLE CIVIL PROCEDURE CODE (CPC) PROVISIONS

MOST RESPECTFULLY SHOWETH:

1. Parties to the Application:

   • The Applicant is a law-abiding citizen who booked a flat in the Respondent’s project named [Project Name], located at [Project Address], on [Booking Date].
   • The Respondent is a builder/developer registered with GUJ-RERA under Registration No. [RERA Registration Number], responsible for the construction and delivery of flats within the stipulated time.

2. Facts of the Case:

   • The Applicant booked a flat/unit no. [Flat Number] in the above-mentioned project for a total agreed amount of ₹ [Total Amount].
   • As per the mutual understanding, the payment was made in two parts:
     • ₹ [Amount] through official banking channels (white money)
     • ₹ [Amount] paid in cash (black money), upon insistence of the Respondent
   • The Applicant fulfilled all financial obligations, including the alleged cash payment, on [Payment Date].

3. Cause of Action:

   • Despite receiving the entire amount (both officially and in cash), the Respondent has refused to hand over the possession of the flat, citing that the black money amount remains unpaid.
   • The Applicant contends that all dues, including the alleged cash payment, have been settled. The Respondent’s refusal to provide possession is arbitrary, illegal, and against the provisions of the Real Estate (Regulation and Development) Act, 2016.

4. Violation by the Respondent:

   • The Respondent is violating the terms of the sale agreement and the provisions of the RERA Act by delaying possession without a valid reason.
   • The claim regarding pending black money is illegal and unenforceable under the law, as unaccounted cash transactions are not legally recognized.

5. Legal Grounds:

   • Breach of contract under the terms of the agreement signed with the Applicant.
   • Violation of Section 11(4)(a) of the RERA Act, 2016, which mandates timely possession to the allottee.
   • Unfair trade practices and illegal demands for cash, which are not permissible under Indian law.

6. Reliefs Sought:
   In light of the facts mentioned above, the Applicant humbly requests the Hon’ble Authority to:
   a. Direct the Respondent to immediately hand over possession of Flat No. [Flat Number] to the Applicant.
   b. Direct the Respondent to pay compensation for mental harassment, inconvenience, and financial losses due to the delay in possession.
   c. Impose a penalty on the Respondent under the provisions of the RERA Act for non-compliance and illegal conduct.
   d. Pass any other orders deemed just and proper in the interest of justice.

7. Verification:
   I, [Applicant’s Name], do hereby verify that the facts stated above are true and correct to my knowledge and belief.

Place: [City]
Date: [Date]

[Applicant’s Signature]
[Applicant’s Name]
[Full Address]
[Contact Details]

Here is the enhanced GUJ-RERA Application Draft with references to relevant Supreme Court judgments and specific legal clauses from agreements:

BEFORE THE GUJARAT REAL ESTATE REGULATORY AUTHORITY (GUJ-RERA), AHMEDABAD

Application No.: ________ of 20__

IN THE MATTER OF:

[Applicant’s Name],
[Full Address],
[Contact Details],
(Flat Booking Holder)
… Applicant

VERSUS

[Builder’s Name/Developer’s Name],
[Builder’s Office Address],
[RERA Registration Number],
(Contact Details)
… Respondent

APPLICATION UNDER SECTION 31 OF THE REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016 READ WITH RELEVANT SECTIONS OF THE CIVIL PROCEDURE CODE (CPC) AND SUPREME COURT JUDGMENTS

MOST RESPECTFULLY SHOWETH:

1. Parties to the Application:

   • The Applicant is a law-abiding citizen who booked a flat in the Respondent’s project named [Project Name], located at [Project Address], on [Booking Date].
   • The Respondent is a registered builder/developer with GUJ-RERA under Registration No. [RERA Registration Number], responsible for delivering possession of flats as per the sale agreement.

2. Facts of the Case:

   • The Applicant booked Flat No. [Flat Number] for a total consideration of ₹ [Total Amount] under a valid agreement.
   • The payment was made in two parts as per the mutual understanding:
     • ₹ [Amount] through legal banking channels (white money)
     • ₹ [Amount] paid in cash (black money) upon the Respondent’s insistence
   • The Applicant has fulfilled all payment obligations by [Payment Date].

3. Cause of Action:

   • Despite receiving full payment, including the cash amount, the Respondent has illegally denied handing over possession of the property, citing that the black money payment remains pending.
   • The Respondent’s refusal is arbitrary, unlawful, and amounts to harassment, violating the terms of the agreement and the provisions of the Real Estate (Regulation and Development) Act, 2016.

4. Violation by the Respondent:

   • Breach of the binding sale agreement between the Applicant and the Respondent.
   • Violation of Section 11(4)(a) of the RERA Act, 2016, which obligates the builder to provide possession within the stipulated timeframe.
   • Attempting to enforce illegal cash transactions, which is a violation of the Income Tax Act, 1961, and is deemed unenforceable under Indian law.

5. Legal Grounds Supported by Supreme Court Judgments:

   • K.K. Modi v. K.N. Modi (1998) 3 SCC 573: This judgment highlights that any contract violating statutory provisions (such as unaccounted cash payments) is void and unenforceable.
   • Bajaj Auto Ltd. v. TVS Motor Company Ltd. (2009) 9 SCC 797: This case emphasizes that no individual can seek relief based on illegal or immoral agreements.
   • DLF Limited v. Manmohan Lowe (2014) SCC Online NCDRC 1: Stated that delaying possession without justifiable cause amounts to deficiency in service and makes the builder liable for compensation.
   • Civil Procedure Code (CPC), Order VII Rule 1: Pertains to the structure of a plaint, which applies to this RERA application as part of procedural compliance.

6. Violation of Contractual Terms:

   • As per Clause [Mention Clause Number] of the agreement to sell, possession was to be granted by [Date] upon full payment.
   • The Respondent’s action of denying possession despite receiving the full payment violates this legally binding agreement.

7. Reliefs Sought:
   In light of the above circumstances, the Applicant humbly requests the Hon’ble Authority to:
   a. Direct the Respondent to hand over immediate possession of Flat No. [Flat Number] to the Applicant.
   b. Grant compensation for mental agony, financial loss, and harassment as per Section 18 of the RERA Act, 2016.
   c. Impose penalties on the Respondent for non-compliance with the RERA Act and breach of agreement.
   d. Declare the Respondent’s claims regarding pending black money illegal and unenforceable.
   e. Award legal costs and any other relief deemed appropriate by this Hon’ble Authority.

8. Interim Relief (if required):
   Pending the final disposal of this application, the Applicant prays for an interim order directing the Respondent to refrain from selling or transferring the said flat to any third party.

9. Verification:
   I, [Applicant’s Name], do hereby verify that the contents of this application are true and correct to my knowledge and belief, and no part of it is false or misleading.

Place: [City]
Date: [Date]

[Applicant’s Signature]
[Applicant’s Name]
[Full Address]
[Contact Details]

Here is the Annexure and Evidence List to be attached with the GUJ-RERA Application Draft:

ANNEXURES AND EVIDENCE LIST

IN SUPPORT OF THE APPLICATION FILED BY THE APPLICANT

Applicant: [Applicant’s Name]
Respondent: [Builder’s Name]
Project Name: [Project Name]
Flat Number: [Flat Number]
Application No.: ________ of 20__

1. ANNEXURE A: Proof of Booking and Agreement to Sell

• Copy of the Flat Booking Receipt issued by the Respondent.
• Copy of the duly signed Agreement to Sell or Allotment Letter specifying the total amount agreed for the property, payment schedule, and possession date.
• Any communication (email, SMS, WhatsApp, or letter) confirming the booking from the Respondent’s side.

2. ANNEXURE B: Proof of Official Payment (White Money Transactions)

• Bank statements showing payment made to the Respondent through NEFT, RTGS, cheque, or demand draft.
• Copies of payment receipts issued by the Respondent for amounts received through official banking channels.
• Income tax returns (if applicable) reflecting the official payments made for the said property.

3. ANNEXURE C: Proof of Unaccounted Payment (Black Money Transactions)

• Any acknowledgment or communication from the Respondent regarding cash payment (if available).
• Witness affidavits from individuals present during the cash payment (if any).
• Audio or video recordings (if available) where the Respondent has acknowledged the receipt of cash. (Note: Though black money transactions are not legally recognized, proof can help substantiate claims of coercion or unfair practices.)

4. ANNEXURE D: Correspondence with the Respondent

• Email or written communication requesting possession of the property.
• The Respondent’s replies, especially any written denial of possession on grounds of alleged unpaid black money.
• Notices sent through a legal representative or advocate demanding possession.

5. ANNEXURE E: Proof of Delay and Harassment

• Timeline chart detailing the delay from the scheduled possession date to the current date.
• Records of mental agony and financial hardship caused by the delay, such as additional rental agreements for alternative accommodation.

6. ANNEXURE F: Legal Documents and ID Proof

• Copy of the Applicant’s PAN Card and Aadhar Card for identification.
• Copy of the Applicant’s Address Proof (electricity bill, ration card, etc.).
• Copy of the Respondent’s RERA Registration Certificate for the project.

7. ANNEXURE G: Supreme Court Judgments and Legal Precedents (For Legal Reference)

• Certified copies or printouts of relevant Supreme Court judgments cited in the application:
  • K.K. Modi v. K.N. Modi (1998) 3 SCC 573 – Invalidity of contracts violating statutory provisions.
  • Bajaj Auto Ltd. v. TVS Motor Company Ltd. (2009) 9 SCC 797 – Non-enforceability of illegal agreements.
  • DLF Limited v. Manmohan Lowe (2014) SCC Online NCDRC 1 – Builder’s liability for delay in possession.

8. ANNEXURE H: Proof of Filing Fee Payment

• Receipt of the fee paid for filing the complaint under GUJ-RERA.

Verification of Annexures

I, [Applicant’s Name], do hereby declare that the above-listed documents are true, authentic, and correct to the best of my knowledge and belief.

Place: [City]
Date: [Date]

[Applicant’s Signature]
[Applicant’s Name]
[Full Address]
[Contact Details]

Contact Advocate Paresh M Modi

In Ahmedabad, Gandhinagar, Gujarat, Mumbai, Maharashtra, Pune, Delhi, For legal consultation or representation in matters of RERA Matters, Anticipatory bail, Regular bail, Discharge Applications, Special Act Cases, FIR Quashing, Cheque Return Cases, or Criminal Appeals and For expert legal advice and services, Advocate Paresh M Modi can be contacted during office hours.

• Office Landline: 079-48001468 (Time 10:30 AM to 6:30 PM, Monday to Saturday).
• WhatsApp SMS: 9925002031 (Time 9:00 AM to 9:00 PM).
• Email: advocatepmmodi@gmail.com.
• Website: www.advocatepmmodi.in.
• Office Address: Office No. C/112, Supath-2 Complex, Opp. Kohinoor Plaza Hotel, Near Old Wadaj Bus Stand, Ashram Road, Ahmedabad – 380013, Gujarat, India.