FILING PACK — PROCEEDINGS BEFORE THE REAL ESTATE REGULATORY AUTHORITY, PUNJAB
Under the Real Estate (Regulation and Development) Act, 2016 and the Punjab State Real Estate (Regulation and Development) Rules, 2017
WHAT THIS FILE CONTAINS. Only the documents your answers call for are printed below, and each of them carries its own separate fee of one thousand rupees and is filed in its own place.
— FORM 'M', the complaint to the Authority under section 31 of the Act read with sub-rule (1) of rule 36 of the Punjab Rules, together with the affidavit that supports it. It is printed because a relief against the promoter has been asked for.
— FORM 'N', the separate application to the Adjudicating Officer under sub-rule (1) of rule 37 of the Punjab Rules. It is printed because a sum of compensation has been claimed. The Authority gives directions and orders refund and interest; it does not adjudge compensation, which is for the Adjudicating Officer appointed under section 71 of the Act.
— FORM 'L', the appeal to the Real Estate Appellate Tribunal, Punjab under section 44 of the Act read with rule 26 of the Punjab Rules. It is printed because an order already passed is being challenged.
A fresh complaint and an appeal against an order already passed are different proceedings, and this pack is not meant to produce both in one file. If an order has gone against you, give the particulars of that order and leave the relief against the promoter blank, so that the appeal alone prints. If you are making a fresh complaint, choose the relief and leave the order particulars blank.
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FORM 'M'
[See rule 36(1)]
COMPLAINT TO REGULATORY AUTHORITY
Complaint under section 31 of the Act
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For use of Regulatory Authority's office:
Date of filing: _______________________________
Date of receipt by post: _______________________
Complaint No.: ________________________________
Signature: ____________________________________
Registrar: ____________________________________
IN THE OFFICE OF THE REAL ESTATE REGULATORY AUTHORITY, PUNJAB
Between
Mr. Harpreet Singh Gill and Mrs. Navjot Kaur Gill
............ Complainant(s)
And
M/s Sunview Buildwell Private Limited, through its Managing Director and Mr. Rajinder Mohan Sethi, Director of the first respondent company
............ Respondent(s)
Details of claim:
- PARTICULARS OF THE COMPLAINANT(S)
(i) Name of the complainant: Mr. Harpreet Singh Gill, son / daughter / wife of Late S. Jaswant Singh Gill, aged 47 years, Service by occupation.
Joint complainant: Mrs. Navjot Kaur Gill, son / daughter / wife of Mr. Harpreet Singh Gill, a joint allottee of the same apartment, plot or building, who joins in and signs this complaint.
(ii) Address of the existing office / residence of the complainant: House No. 2145, Sector 70, S.A.S. Nagar (Mohali) 160071
Address of the joint complainant: House No. 2145, Sector 70, S.A.S. Nagar (Mohali) 160071
(iii) Address for service of all notices: House No. 2145, Sector 70, S.A.S. Nagar (Mohali) 160071
Mobile: +91 XXXXX XXXXX
E-mail: harpreet.gill@example.com
The complainant will appear through Ms. Simran Deep Kaur, Advocate, enrolment No. P/1842/2011, Chamber No. 214, District Courts, S.A.S. Nagar, authorised under section 56 of the Act. The authorisation in original, and the written consent of the authorised person to act as such, are appended to this complaint.
- PARTICULARS OF THE RESPONDENT(S)
(i) Name(s) of respondent: M/s Sunview Buildwell Private Limited, through its Managing Director, the promoter of the project described in paragraph 4 below.
Second respondent: Mr. Rajinder Mohan Sethi, Director of the first respondent company, joined because the relief sought cannot be worked out in that person's absence.
(ii) Office address of the respondent: SCO 118-119, Second Floor, Sector 34-A, Chandigarh 160022
Office address of the second respondent: House No. 46, Sector 9-A, Chandigarh 160009
(iii) Address for service of all notices: Site Office, Sunview Greens Phase-II, Sector 91, S.A.S. Nagar (Mohali) 140308
- JURISDICTION OF THE REGULATORY AUTHORITY
The complainant declares that the subject matter of the claim falls within the jurisdiction of the regulatory authority.
The project known as "Sunview Greens, Phase-II" is situated at Sector 91, S.A.S. Nagar (Mohali), District S.A.S. Nagar, Punjab, within the State of Punjab. The said project is registered with the Authority and that registration is subsisting. The registration number allotted to the project by this Authority is PBRERA-SAS81-PR0512.
The complainant is an allottee of that project within the meaning of clause (d) of section 2 of the Act. This Authority's jurisdiction rests upon the project being a real estate project to which section 3 of the Act applies, read with section 31, under which any aggrieved person may complain of a contravention of the Act or of the rules and regulations made under it; it does not rest upon the fact of registration, and a promoter who has never registered the project, or whose registration has lapsed or been revoked, is answerable here for that very failure. By section 79 of the Act no civil court has jurisdiction to entertain any suit or proceeding in respect of any matter which this Authority, the Adjudicating Officer or the Appellate Tribunal is empowered by or under the Act to determine.
- FACTS OF THE CASE
[give a concise statement of facts and grounds for complaint]
4.1 The apartment, plot or building. The complaint concerns: Flat No. B-1104, Eleventh Floor, Tower B, Sunview Greens Phase-II, admeasuring 1,285 sq. ft. super area and 942 sq. ft. carpet area, together with one covered car parking bay bearing No. B-217, situated in Sector 91, S.A.S. Nagar (Mohali)
4.2 The booking and the agreement. The complainant booked the said unit on 1 April 2026. An agreement for sale in the form prescribed by the Punjab State Real Estate (Regulation and Development) Rules, 2017 was executed between the complainant and the respondent and was duly registered. The agreement bears date 3 April 2026. Its registration particulars are: registered with the Sub-Registrar, S.A.S. Nagar at Serial No. 4127 in Book No. 1 on 14 August 2021.
4.3 The money paid. The total consideration for the said unit is ₹62,40,000 (Rupees Sixty Two Lakh Forty Thousand only). Against that, the complainant has paid the respondent ₹54,86,500 (Rupees Fifty Four Lakh Eighty Six Thousand Five Hundred only). The payments were made as follows: Rs 6,24,000 on 18 March 2021 by cheque No. 004512 drawn on Punjab National Bank, Sector 70 branch, receipt No. SG/1187; Rs 15,60,000 on 6 August 2021 by RTGS; Rs 33,02,500 disbursed by the lender directly to the respondent between November 2021 and February 2024 in seven tranches as per the enclosed disbursement statement.
Receipts, bank statements and the respondent's own statement of account evidencing every payment are enclosed with this complaint.
4.4 The promised date of possession. Under the agreement, the allotment letter or the respondent's written commitment, the respondent was to hand over possession of the said unit on or before 4 April 2026.
4.5 The present position. Possession of the said unit has not been offered or delivered to the complainant as on the date of this complaint, and the delay continues.
4.6 The grievance. The respondent has failed to hand over possession of the said unit by the date agreed, and the delay continues as on the date of this complaint.
4.7 The complainant's own statement of facts and grounds:
On 18 March 2021 the complainant booked the said unit on the strength of the respondent's brochure and the sanctioned layout displayed at the site office (Annexure C-1). The agreement for sale was executed on 6 August 2021 and registered on 14 August 2021 (Annexure C-2); clause 11.1 of it fixed possession at 36 months from the date of the agreement, that is 6 August 2024, with no grace period. The complainant paid Rs 54,86,500 of the total consideration of Rs 62,40,000, the last instalment on 19 February 2024 (Annexures C-3 to C-11). No occupation certificate has been applied for. The respondent's own quarterly update uploaded on the Authority's portal for the quarter ending 30 June 2026 shows the tower at 62% completion (Annexure C-12). The complainant wrote on 12 September 2024, 3 February 2025 and 18 May 2026 seeking a firm date (Annexures C-13 to C-15); the respondent replied only once, on 2 March 2025, attributing the delay to market conditions (Annexure C-16). The complainant is meanwhile paying rent of Rs 22,000 a month for alternative accommodation and servicing a home loan on which Rs 8,14,000 of interest has been paid since the agreed date of possession.
4.8 The statutory grounds relied upon. The complainant relies upon sub-section (4) of section 11 of the Act, which obliges the promoter to be responsible for all obligations and functions under the Act until the conveyance of the apartment, plot or building and of the common areas to the association of allottees; section 13, which forbids the promoter to accept more than ten per cent of the cost of the apartment, plot or building as an advance without first entering into a written agreement for sale and registering it; section 14, which binds the promoter to the sanctioned plans, layout plans and specifications approved by the competent authority and imposes liability for structural defects and defects in workmanship, quality or provision of services for five years from the date of handing over possession; section 18, under which, on failure to complete or to give possession by the agreed date, the promoter must either refund the amount received with interest, if the allottee withdraws from the project, or pay interest for every month of delay until possession is handed over, if the allottee does not withdraw; and sub-section (4) of section 19, which entitles the allottee to claim that refund with interest and that compensation. The rate of interest is fixed by rule 16 of the Punjab State Real Estate (Regulation and Development) Rules, 2017 at the State Bank of India's highest Marginal Cost of Lending Rate plus two per cent, a refund that has become due must be paid within ninety days under rule 17 of those Rules, section 40 of the Act allows an unpaid sum to be recovered as an arrear of land revenue, and section 63 puts a promoter who disobeys an order of this Authority under a penalty for every day of default extending to five per cent of the estimated cost of the project.
The rate of interest claimed, and the way it is computed, is as follows: the State Bank of India's highest Marginal Cost of Lending Rate of 9.10% per annum as published on sbi.co.in on 1 September 2026, plus two per cent, that is 11.10% per annum
4.9 The character of the respondent, and the second statute that runs with the Act. The respondent is a private colonizer or developer. Both the Punjab Apartment and Property Regulation Act, 1995 and the Real Estate (Regulation and Development) Act, 2016 apply to the project, sections 88 and 89 of the Act of 2016 making it additional to and overriding of anything inconsistent in other law. Section 6 of the Act of 1995 requires a written registered agreement for sale before any advance is accepted and caps the advance at twenty-five per cent of the sale price, section 7 requires that agreement to be registered, section 15 requires the conveyance deed within three months of giving possession, and section 16 allows the buyer to apply to the competent authority and have the deed registered unilaterally, with a penalty of up to five thousand rupees per apartment and a minimum of one hundred rupees for every day the default continues, recoverable as arrears of land revenue. Section 13 of the Act of 2016 caps the advance at ten per cent before a registered agreement for sale, and the stricter figure binds.
- RELIEF(S) SOUGHT
In view of the facts mentioned in paragraph 4 above, the complainant prays for the following relief(s), explaining the grounds of relief and the legal provisions relied upon in paragraphs 4.8 and 4.9: