ORDER

1. The present petition has been filed seeking direction to the respondent no. 2/bank not to charge the Pre-EMIs or Full EMIs from the petitioner. There is a further prayer for directing the respondent no. 2/bank to cease the reduction of the petitioner’s CIBIL score and to restore it to its state/stage prior to the demand for the Pre-EMI from the petitioner.

2. It is submitted that the petitioner had booked an apartment at the residential project being developed by Supertech, namely “Hill Crest Floors in Hill Town” situated at Sector 2, Sohna Road, Gurgaon, Haryana-122103, India.

3. Thereafter, an allotment letter dated 23rd November, 2015 was executed between the builder, Supertech and the petitioner. Subsequently, the petitioner was allotted a residential unit bearing Flat No. N469 A, measuring 1350 sq. ft. Thus, the petitioner availed a loan from respondent bank for an amount of Rs. 62,30,000/-.

4. It is further submitted that the builder vide Memorandum of Understanding (“MOU”) dated 24th

5. Learned counsel for the petitioner has drawn the attention of this Court to the MOU dated 24 December, 2015 undertook to pay Pre-EMI over the loan for a period of 24 months, and in case of any delay, Pre-EMI shall continue. In the said agreement, the builder was liable to handover possession of the unit by October, 2018, with a grace period of six months for force majeure circumstances, i.e., till April,

2019. However, the builder has failed to deliver the possession of the unit on time, and the property is still far from completion.

th “(b) That the period of this subvention scheme, as approved by HDFC Limited is till 24 months. The Developer expects to offer possession of the booked unit to the Buyer by that time. However, if due to any reason the possession offer of the booked unit gets delayed, then the Developer undertakes to pay the Pre EMI only to the Buyer even after 24 months. The payment of the Pre EMI shall continue till offer of possession with regard to the booked flat is issued to the Buyer.” December, 2015 between the builder and the petitioner, wherein it had been categorically stated as follows:-

6. Therefore, it is submitted that the builder has breached Clause (b) of the MOU dated 24th

7. Issue notice. Notice is accepted by learned counsel appearing for December, 2015, wherein it is specifically stated that Pre-EMIs were supposed to be paid by the builder, until the possession of the booked flat is issued to the petitioner, but the respondent bank has now started demanding the EMIs from the petitioner. Thus, it is submitted that the action of the respondents is in violation of Article 21 of the Constitution of India and in violation of the Principles of Natural Justice.

respondent no. 1. Let notice be issued to respondent no. 2.

8. Reply be filed within a period of four weeks. Rejoinder thereto, if

9. any, be filed within a period of two weeks thereafter.

List on 09th July, 2024.

10. MINI PUSHKARNA, J JANUARY 31, 2024 c