[

FORM-CRA
[See rule 28(1)]

Complaint to the Haryana Real Estate Regulatory Authority, Gurugram

(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 and 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
Complainant(s)
3. NITIN AHUJA

And

1. Bestech India Pvt. Ltd.,

2. Mr. Dharmendra Bhandari
Respondent(s)
3. Mr. Sunil Satija

I /_______________________ authorised person on behalf of the complainant submit following information: -

FORM-CRA
[See rule 28(1)]

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 Complaint to the Haryana Real Estate Regulatory Authority, Gurugram

(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 and Development) Act, 2016

1. Particulars of the complaint(s):

1. JAYANT VOHRA
2. NEERAJ LOHCHAB
(i) Name(s) of the complainant/s 3. NITIN AHUJA

1. 2205 Golden Gate Park,Austin, TX

78732,United States
Address of the existing 2. 48 Cedarwood Grove, Singapore,
(ii) 738407
office/residence of the complaint/s
3. G-159, Palam Vihar, Gurgaon

1. 2205 Golden Gate Park,Austin, TX

78732,United States
2. 48 Cedarwood Grove, Singapore,
(iii) Address for service of all notices: 738407
3. G-159, Palam Vihar, Gurgaon

(iv) Contact Details

(a) Phone No:Landline

(b) Mobile:

Email:(For service of the 1. Jayant.vohra@gmail.com

(c) Notices and official 2. Neeraj.lohchab@gmail.com
Communications) 3. Captnitinahuja@gmail.com

2. Particulars of the respondent(s):

1. Bestech India Pvt. Ltd.,

2. Mr. Dharmendra
(i) Name(s) of the respondent/s Bhandari
3. Mr. Sunil Satija

(ii) Address of the existing office /residence of the Respondent 1-

respondent/s
Bestech House,

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 124, Sector-
44,Gurgoan,
Haryana – 122002
Respondent 2-
Director, Bestech
India Pvt. Ltd.,
Bestech House,
124, Sector-
44,Gurgoan,
Haryana – 122002
Respondent 3-
Director, Bestech
India Pvt. Ltd.,
Bestech House,
124, Sector-
44,Gurgoan,
Haryana - 122002.

Respondent 1-

Bestech House,
124, Sector-
44,Gurgoan,
Haryana – 122002
Respondent 2-
Director, Bestech
India Pvt. Ltd.,
Bestech House,
(iii) Address for service of all notices: 124, Sector-
44,Gurgoan,
Haryana – 122002
Respondent 3-
Director, Bestech
India Pvt. Ltd.,
Bestech House,
124, Sector-
44,Gurgoan,
Haryana - 122002.

(iv) Contact Details

(a) Phone No:Landline

(b) Mobile:

Email:(For service of the Notices and official

(c)
Communications)

3. Jurisdiction of the Authority:

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 The complainant declares that the subject matter of the claim falls within the jurisdiction of the Authority.

4. Relief(s) sought:

In view of the facts mentioned in paragraph 4 above, the complainant 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)]

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 thetal allotted unit with interest at the prescribed rate.

1. (i) Amount paid

(ii) Total interest at prescribed rate

i.e. MCLR+2% till the date of
filing of complaint on the

(iii) Total claim (refund)

2 Any other relief

5.
Interim order,if prayed for:

Pending final decision on the complaint,the complainant seeks issue of the following interim order:

[Give here the nature of the interim order prayed for with reasons]

S.N
Relief sought Reason
o.

1.

2.

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 6. Complainant not pending with any other court,etc.:

The complainant further declares that the matter regarding which this No Details Of Court
complaint has been made is not pending before any court of law or any other
authority or any other tribunal(s).

7. Particulars of [demand draft/bankers cheque or online payment] inrespect of the fee in terms of sub-
rule (1) of rule 28:

(i) Amount

Name of the bank on which

(ii)
drawn

[Demand draft
numbers/bankers
(iii) DD No. / Cheque No. Date.
cheque/online payment
transaction no.]

1. ₹8,75,000 822893 12/07/2007

₹62500 12/07/2007
2. 706434

₹6,87,500 12/07/2007
3. 024010

₹2,50,000 12/07/2007
4. 039808

8. List of enclosures: File Upload Remarks

(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

Any other document relied upon by the complainant and

(v)
referred to in the complaint

An index of documents [To be generated at the time of PDF

(vi)
generated online]
Signature of the complainant(s)
Verification
I ......... (name in full block letters) [son/daughter] of ....... the complainant do hereby verify that the contents of
complaints are true to my personal knowledge and belief and that I have not suppressed any material fact(s) Place:

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Date:

Signature of the complainant(s)

Fact of the case:

[give a concise statement of facts and grounds for complaint]

1. That in year 2007, M/s Bestech India Pvt Ltd, having its registered office at-124, Institutional Area,
Sector - 44, Gurgaon, Haryana [AKA 'Bestech], 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.
2. That by acting on your representations and believing your offer to be genuine and bonafide, our
complainants agreed to purchase an Office Unit numbered 303 having super area of 2500 Sq. Ft., in
the above project for a Price or Rs. 1,27,62,500 (Rupees One Crore Twenty-Seven Lacs Sixty-Two
Thousand Five Hundred only), which was inclusive of all External Development Charges,
Infrastructure Development Charges, Preferential Location Charges (wherever applicable). [AKA
'Unit'].
3. That subsequently, a provisional allotment was issued to our complainant dated12.07.2007 wherein
our complainants were provisionally allotted an area of 2500 sq.ft. @Rs. 5000/ per sq. ft. Bestech
demanded from our complainants an amount of Rs. 18,75,000 /- (Rupee s Eighteen Lacs Seventy Five
Thousand only) as Earnest money which was duly deposited by our complainants.
4. That thereafter an Agreement to Sell dated 25h July 2007 was executed between M/s Hiteshi Leasing
and Housing Pvt. Ltd. and our complainants wherein it was provided that our complainants are
desirous of purchasing a duly constructed cyber area measuring 2500 sq. ft., along with proportionate
rights in the land underneath for a total sale consideration of Rs 1,27,62,500. It is pertinent to mention
that M/s Hiteshi Leasing and Housing Pvt. Ltd. had entered into an agreement with Bestech for
purchasing duly constructed cyber space measuring 1,00,000 (One lac) sq. ft. to be built over area
measuring 40 Karnals, 7 Marlas at Gurgaon in which our complainants were to be given 2500 sq. ft.
cyber area. Subsequently, a letter dated 02.08.2007 was issued by Bestech stating that with reference
to Agreement to Sell dated 25.07.2007, Bestech was confirming that space admeasuring 2500 sq. ft.
booked @ Rs 5000/- sq. ft. which was in the name of M/s Hiteshi Leasing and Housing Pvt. Ltd.
stood transferred in our complainant's name.
5. That the authorized signatories of Bestech, namely Mr. Dharmendra Bhandari: and Mr. Sunil Satija
also executed a Buyers Agreement with our complainants vis-à-vis Office Unit No. 303 in the
complex "Orient Bestech Business Tower" in NH-8, 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) [Hereinafter referred to as the 'Unit'].
6. That it is pertinent to mention as per Clause 14 of the BA, Bestech had promised to handover
possession of the Unit within twenty-four (24) months from the date of signing of the agreement i.e.

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 on 25/07/2009. However, Bestech allegedly offered possession of the Unit only on 01/07/2013 [by
the ir own admission] after a long, inordinate, and unexplained delay of almost four years. Even the
aforesaid alleged offer to hand over the physical possession of the Unit was conspicuously
misconceived as there is no demarcation of our complainant's Unit on the floor from other unit
holders/ buyers. Our complainants were offered an empty space with no boundaries even to suggest
where their Unit is located. Therefore, the offer to take physical possession of the Unit was evidently
an eyewash and an attempt to cover up gross violations by Bestech.Henceforth, since there are no
walls/ boundaries to demarcate our complainant's Unit from other units, it cannot be said that Bestech
has offered possession to our complainants. Consequently, the liabilities and other resulting
consequences of breach of contract by Bestech are continuing till date for which they are
unequivocally accountable, responsible, and liable to our complainants.
7. That on the contrary, our complainants have duly complied with all terms of the BA and paid 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.Letter dated 1s July 2013 sent by Bestech stating that
occupation certificate dated 08.05.2013 has been issued by office of Directorate of Town and Country
Planning, Haryana incontrovertibly confirms that Bestech received the occupation certificate after an
inordinate, unreasonable, and unexplained delay of almost four long years.
8. That on 22.07.2013, our complainant Mr. Nitin Ahuja informed your concerned employees through e-
mail and registered post that you have offered the possession after long delay and detailed the loss
suffered by our complainants for the said delay. In the aforesaid letter, our complainant requested
refund and reimbursement of Rs 1,46,63,972, less Bestech illegal demand for alleged 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 our complainant's letter dated 22.07.2013.
9. That Bestech patently illegal conduct is further established by the fact that in-spite of its explicit
representations and assurances to our complainant that it will lease out their unit it has been unable to
do so. Almost fifteen years have passed since our complainants 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 our complainants. On the
contrary, Bestech has been demanding advance maintenance charges with penal interest from our
complainants which is illegal, unsustainable, and actionable.
10. That Bestech's patently illegal and malafide conduct has caused huge financial loss and distress to our
complainants, including but not limited to contract damages and compensation for lost opportunity
and interest costs etcetera. It is also imperative to mention that Bestech's promises to lease out our
complainant's unit while knowing fully well that they have no intentions to do so clearly amounts to
cheating and criminal breach of trust. The aforesaid is clearly established by the fact that our
complainant's unit and building are in such a dilapidated condition that leasing it out does not seem an

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 option. Further no interaction regarding the same was even initiated by Bestech with our
complainants, except for issuing illegal demands for maintenance.
1. 11. Under the above stated facts and circumstances, you are hereby called upon to refund the amount
invested by our complainants in your project and inter alia compensate our complainants for the
financial loss suffered by them, along with interest, etcetera for an amount of Rs. 1,46,63,972/- along
with interest @ 18% p.a. within a period of fifteen days from receipt of this legal notice, failing which
our complainants shall be constrained to file civil as well as criminal complaint against Bestech and
/all the responsible directors in the appropriate court of law for the costs and consequences.

1 Ground for Complaint:

Details of Contravention of provisions

of the Act or the rules or regulations made Rule Section Regulation
thereunder

Delay in possession

Breach of Clause 14 of Buyer’s Agreement

Industry Standards for Demarcation of units

Breach Of Contract

2 List of Dates:

Sr.
Date Event
No.

Provisional allotment issued to the

complainant for an office unit
1 12/07/2007 (303) in "Orient Bestech Business
Towers" with an area of 2500 sq.ft.
and a price of ₹1,27,62,500

Agreement to Sell executed

between M/s Hiteshi Leasing and
2 25/07/2007 Housing Pvt. Ltd. and the
complainant for the purchase of
the unit.

Letter issued by Bestech

confirming the transfer of the unit
3 02/08/2007 booked by M/s Hiteshi Leasing and
Housing Pvt. Ltd. to the
complainant's name.

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 As per Clause 14 of the Buyer's
Agreement, the promised date for
4 25/07/2009
Bestech to hand over possession
of the unit.

Bestech allegedly offered

possession of the unit to the
5 01/07/2013
complainant after a significant
delay.

Occupation certificate issued by

the office of Directorate of Town
6 08/05/2013 and Country Planning, Haryana (as
per letter from Bestech dated July
1, 2013).

The complainant informed Bestech

through email and registered post
7 22/07/2013
about the delay, requesting a
refund and compensation.

3 Brief facts:

Mr. Nitin Ahuja entered into an agreement with Bestech to purchase a unit (No. 303) in their
project "Orient Bestech Business Towers" on July 25, 2007.
The agreed price was Rs. 1,27,62,500 and the contract promised possession within 24 months (by
July 25, 2009).
Bestech allegedly offered possession only on July 1, 2013, a delay of over four years.
The complainant claims the offered unit lacked proper demarcation.
The complainant claims to have fulfilled all obligations under the agreement.

4 Unit related details

1. Type of Real estate Office Space

2. Unit No./Plot No. 303

3. Tower No./Block No.

4. Size of the Plot in case of plot Not applicable

5. Carpet Area of the Unit in sq. ft

6. Super area of the Unit in sq. ft. 2500

7. Date of booking

8. Date of allotment 12/07/2007

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 Date of execution of BBA (copy of BBA be
9. 25/07/2007
enclosed as annexure 1)

10. Due date of possesion as per BBA 25/07/2009

Due date of possession as per allotment

11. letter/MoU if BBA not executed (copy of Not applicable
allotment letter be enclosed as annexure 2)

12. Clause No. 14

Operating clause of BBA regarding possession
Content

13. Promised date of handing over possession 25/07/2009

Delay in handing over possession till date of

14. 4 Years
filling complaint

15. Penalty to be paid as per BBA by the Clause No.

respondent/s in case of delay in handing
over possession Content

16. Clause No.

Delay instalment charges
Content

17. Payment details

i) Total sale consideration ₹1,27,62,500

Total amount paid by the allottee

ii) ₹1,28,87,000
till date

iii) Payments made by allottee

S.N
Cheque no. / DD No. Date Amount
.

₹8,75,000
1 822893 12/07/2007

₹62,500
2 706434 12/07/2007

₹6,87,500
3 024010 12/07/2007

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 ₹2,50,000
4 039808 12/07/2007

5 Project related details

1. Name of the project Orient Bestech Business Towers

NH-8, Block A Sector 34,

2. Location of the project
Gurgaon, Haryana

3. Nature of the project IT/Cyber Space

4. Registered/Unregistered/not known Unregistered

If registered, Registration no. and validity of

5.
registration

6 Status of the project as per complainant

Status of the project Percentage completion

status of the project

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