FORM 'N'

[See rule 37(1)]

APPLICATION TO ADJUDICATING OFFICER
Claim for compensation under section 31 read with section 71 of the Act

For use of Adjudicating Officers office:

Date of filing: ________________________

Date of receipt by post: _________________________

Application No.:_________________________

Signature: ___________________________

Authorized Officer:

IN THE ADJUDICATING OFFICERS OFFICE,

NOIDA, UTTAR PRADESH

IN THE MATTER OF:

MR. SAGAR KHATUJA ….APPLICANT

AND
M/S. BAYA WEAVER LTD. ….RESPONDENT

Details of claim:

1. Particulars of the applicant(s):

i. Name of the applicant: Mr. Sagar Khatuja

ii. Address of the residence of the applicant: 58-54, Sindh Vihar Colony,
Near Nadi Gate, Lashker, Gwalior – 474001, Madhya Pradesh

iii. Address for service of all notices:

Aishwarya Kaushiq (Advocate), Address: 3rd Floor, C-32, Lajpat
Nagar-3, New Delhi- 110024 (Ph.No. 8447822795)
Mail ID: adv.kaushiq@gmail.com

iv. Details of allottees apartment, plot or building:

Super Studio Unit No. 2723, Size 594 Sq. Ft. in “Oh My God, Noida”
– Project, Sector 129, Noida, Uttar Pradesh.

2. Particulars of the respondent:

i. Name(s) of respondent: M/s. Baya Weaver Ltd. (hereinafter
“Respondent or Company”)

ii. Office address of the respondent:

Corporate Office: 28, The Lodhi, Lodhi Road, New Delhi – 110003.

Registered Office: LGF, 119(B-7), World Trade Centre, Babar Road,

Connaught Place, New Delhi – 110001
 iii. Address for service of all notices:
Corporate Office: 28, The Lodhi, Lodhi Road, New Delhi – 110003
Registered Office: LGF, 119(B-7), World Trade Centre, Babar Road,
Connaught Place, New Delhi – 110001

iv. Registration no. and address of project:

RERA registration No. : UPRERAPRJ11141
Address: Oh My God, Plot No. 3CA, Sector 129, Jaypee Wish Town,
Noida.

3. Jurisdiction of the Adjudicating Officer:

The applicant declares that the subject matter of the claim falls within the
jurisdiction of the adjudicating officer.

4. Facts of the case:

i. That the present complaint is being humbly submitted by Mr. Sagar
Khatuja R/o 58-54, Sindh Vihar Colony, Near Nadi Gate, Lashker,
Gwalior – 474001, Madhya Pradesh (hereinafter “Complainant”) in
capacity of purchaser / alottee against the Respondent seeking
refund of the entire amount paid to the Company towards the
purchase of Studio / Super Studio apartment bearing unit no. 2723
admeasuring 594 Sq. Ft. (approx.) in the Company’s project “Oh
My God”, Sector 129, Noida, Uttar Pradesh (hereinafter
"Property").

ii. That the project wherein the Property was located was marketed
and promoted by the Company by claiming to offer a unique and
“unbelievable” plan with an assurance of “Assured Buy Back in 24
Months At 50% Return & Assured Lease for 9 Years”. Additionally,
the Company also represented and assured several other
advantages with respect to its project and Property including:
a) No lease rent being charged by the Company;
b) The ceiling height 4.5mts / 15 ft., which can be used to make
a mezzanine floor (by putting a slab);
c) No maintenance charges for the first 3 years after possession;
d) Surrounded with a density of 180 thousand families (approx.)
within a radius of 10 Km which will imply a good rental value
to cater the needs of end users;
e) easy access to Delhi.

iii. That Complainant was lured by the alluring and tall claims of the
representatives of the Company and its attractive brochure.
Consequently, on the basis of the assurances and projections made
by the Company, the Complainant in the month of August 2014
applied for / booked an apartment on WWS SS Payment Plan in the
proposed project of the Company.
iv. In accordance & Pursuant to execution of an Application Form,
Complainant deposited the initial demanded sum of Rs. 8,00,000/-
to the Company vide Cheque No. 14728 dated 22.08.2014 drawn
on Central Bank of India. The Company issued a receipt dated
30.09.2014 acknowledging the payment of the said amount.
 Allotment Application Form signed by the Complainant herein is in
the possession of the Respondent itself and the original signed
copy, along with other executed documents were never provided to
the Complainant by Respondent Company despite promise.

A Copy of: the sample Allotment Application Form and receipt dated
30.09.2014 is filed with this complaint as Annexures.

v. That thereafter vide Cheque No. 14729 dated 09.10.2014 drawn on

Central Bank of India, another installment of INR 8,00,000/-
towards the token commitment payment was made to the
Company. A receipt dated 09.10.2014 was issued by the Company
in this regard. Further, after receiving the amount of INR
16,00,000/- as token commitment payment, the Company issued a
Booking Confirmation Letter dated 14.10.2014 to the Complainant
mentioning the details of the Property and the plan opted by the
Complainant.
A copy of: the receipt dated 09.10.2014 and booking confirmation
letter dated 14.10.2014 is filed along with this Complaint as
Annexures.

vi. It is also pertinent to note that the documents and agreements

executed by the Complainant clearly provided for the completion of
the construction of the project and Property within 2 years i.e. the
project and the Property ought to have been completed by October
2016.

vii. Further, under the buyback scheme offered by the Company the
Property ought to have been bought back by the Company in 24
months at 50% return and furthermore an assured return / lease
was to be paid for 9 years. In this regard the Company vide its trail
mail dated 06.09.2014 also shared a draft MoU for the buyback
along with the calculation sheet depicting the return on investment
which the Complainant would get after buy back and 9 years of
lease / rent.
A copy draft MoU shared by the Company is filed by the
Complainant with this Complaint as an Annexure. A copy of the trail
mail dated 06.09.2014 is filed by the Complainant with this
Complaint as an Annexure. A copy of the calculation sheet shared
by the Company is filed by the Complainant with this Complaint as
an Annexure.

viii. At this juncture, it is critical to point out that the Company in

addition to its defaults also indulged in unfair practices by not
sharing a counter signed copies of the agreements and executed
copies of the Allotment Form with the Complainant. In this regard,
the Complainant followed up with the Company on more than one
occasion, while his visits to Delhi NCR / project site, however, the
Company kept dilly dallying the issue and till date no counter signed
copies have been provided by the Company to the Complainant.
 ix. Further, it is submitted that despite lapse of more than 5 years for
the date of allotment and a gross delay of over 3.5 years, the
project and the Property is neither fully constructed nor it is in a
condition of being completed anytime soon. It is furthermore
submitted that the Company, despite being in default and non-
completion of the project, kept asking for the installments. The
Complainant upon receiving multiple letters asking for the further
installment, raised the issue with the representative of the
Complainant at the project site who assured for timely completion
of the construction. However despite several follow ups the
Company did not withdraw the demands of installments (and issue
the fresh upon actual construction) nor shared the documents with
the Complainant. Copies of alleged installment requests and
reminders are filed by the Complainant with this Complaint as an
Annexure.

x. That in the month of July, 2018, the Complainant had a meeting

with the Respondent’s representatives, whereby, it was assured by
the Respondent Company that the

xi. That in February 2019, the Complainant once again decided to visit
the project site for inspection and follow up. It came as an utter
shock to the Complainant that the entire project was in a complete
state of disarray and even the construction of the base structure
was not completed in more than 5 years. Such conduct of the
Company is not only unreasonable and illegal but has also caused
mental harassment to the Complainant.

xii. In view of the above, the Complainant were compelled to issue a

legal notice/ demand notice to the Company dated 29.05.2019,
inter alia, seeking a delay compensation and delivery / offer of
possession within one month from the receipt of the notice.
However, the said legal notice neither elicited any response from
the Company nor any offer for the possession was made.
xiii. There is a (continuing) delay in handing over possession of over 3
years above the stipulated time for possession. The construction is
not completed till date, let alone the buy back and assured lease
commitment. Further, it has also recently come to Complainants
knowledge that various critical licenses (including registration under
RERA) qua the project and township are in not in place.
xiv. The Company has induced the Complainants to invest in their
project by making false and misleading statements promising them
world class amenities, luxuries and offers. Even after a lapse of 5
years from applying for the said Property, the Company has failed
to live up to its promise. It has wilfully defaulted and acted in
lackadaisical manner causing great loss to Complainants both
financially and mentally. Under such circumstances mentioned
herein above Complainant is no more interested to continue with
the transaction and seek a refund of the entire amount(s) paid to
the Company till date along with the interest.

5. Compensation(s) sought:
 In view of the facts mentioned in paragraph 4 above, the applicant prays
for the following compensation(s):
i. Refund of the total amount of Rs. 16,00,000/- paid to the
Respondent vide along with the interest at the rate of 18% p.a from
the date of payment till the date of realization;

ii. Litigation Cost of Rs. 2,00,000/- in favour of the Complainant and

against the Respondent; and

iii. Return on investment which the Complainant would get after buy
back and 9 years of lease / rent.

6. Interim Order, If Prayed for:

7. Claim not pending with any other court, etc.:

The applicant further declares that the matter regarding which this appeal
has been made is not pending before any court of law or any other
authority or any other tribunal(s).

8. Particulars of bank draft in respect of the fee in terms of sub-rule (1) of

rule 36:
i. Amount:

ii. Name of the bank on which drawn:

iii. Demand draft number:

9. List of enclosures:
i. A copy of the sample Allotment Application Form.
ii. A copy of the receipt dated 30.09.2014.
iii. A copy of the receipt dated 09.10.2014.
iv. A copy of booking confirmation letter dated 14.10.2014.
v. A copy draft MoU shared by the Company.
vi. A copy of the trail mail dated 06.09.2014.
vii. A copy of the calculation sheet shared by the Company.
viii. Copies of alleged installment requests and reminders issued by the
Company.
ix. A copy of the email dated 12.12.2014 sent by the Company
informing the change in the Corporate Office address.

Verification:
I __________(name in full block letters) son / daughter of ____________
the applicant do hereby verify that the contents of paragraphs [1 to 8] are
true to my personal knowledge and belief and that I have not suppressed
any material fact(s).
Place: G. B. Road
Date: 09.10.2023
Signature of the applicant(s)
____________________________
____________________________

MR. SAGAR KHATUJA ….APPLICANT

AND
M/S. BAYA WEAVER LTD. ….RESPONDENT

Agreement Terms: ASSURED BUY BACK IN 24 MONTHS AT 50% RETURN & ASSURED
LEASE FOR 9 YEARS (Rent assured Rs. 4581115.704.), apartment size 594 Sq. Ft. Total
amount paid Rs.16,00,000.00. Booking Confirmation Letter: 14.10.2014. Delay: 3.2 years.
NO Construction done. In February 2019 meeting, Builder promised return of advance
Rs.16 Lakh+ assured return of 3 Years rent +interest @12 % p.a. Legal Notice served by
Complainant on Respondent on 29.05.2019, for reimbursement + interest. No reply given.
On 08.11.2019, Builder emailed Complainant, offering “alternative property’ +10% interest
of advance already paid. Possession in 2020. Complainant’s reply mail dated 11.12.2014:
Denied offer. Asked money reimbursement. Money yet not returned.

Delay of 3.2 Years in possession. Interest at 18 percent of 1600000 = 1440000 +

Assured Rent for 9 Years=4581116, for 3 years= 1527038