| Party Dtls | Self / Adv Name | District | Current Status | Next Date of Hearing | Complaint Dispatched | Complaint Dispatched On | Dispatched Tracking Id | Complaint Dispatched Remarks | First-Hearing/Scrutinized Remarks | View Notice |
|---|---|---|---|---|---|---|---|---|---|---|
| EMAAR MGF LAND LIMITED V/S MR SANJAY RAINA |
ISHAAN DANG | GURUGRAM | DISPOSED | NOT REQUIRED | Yes | 29-Nov-2019 | EH787630222IN | Subject Complaint titled as Ms EMAAR MGF LAND LTD. VS ANITA RAINA SANJAY RAINA 1. You are hereby informed that the above-mentioned complaint in CRA form read with Rule 281 of the Haryana Real Estate Regulation and Development Rules 2017 as amended by the Haryana Real Estate Regulation and Development Rules 2019 and notified vide No.Misc-8621832019ITCP dated 12.09.2019 has been received against you in this Authority. In this regard this notice along with the copy of the complaint and annexures are being sent herewith through Speed Post and on your e-mail address. Details of Notice and CRA may also be seen on the website of the Authority. A copy of the complaint has already been sent by the complainant to your address through Speed Post as well as through e-mail address. In this regard copy of tracking report as a proof of having delivered the complaint through Speed Post as well as delivery confirmation report by e-mail has also been submitted by the complainant. 2. You are hereby directed to submit your written reply in two copies with soft copy as per the prescribed proforma available on the website haryanarera.gov.in of this Authority duly supported by all the relevant documents in your defense Latest by 10 days from the date of receipt of this notice the registry of the HARERA Gurugram. 3. You may present your case before the Authority on the date fixed given above personally or through an authorized representative or through an advocate as per the provisions of Section 56 of the Real Estate Regulation and Development Act 2016. 4. In case your reply is not received by stipulated period then no further opportunity would be given to you your defense would be liable to be struck off and the complaint will be heard by the Authority in the absence of your defense on merit and matter shall be proceeded ex-parte as per law. Date 10.12.2019 Time 1030 AM Venue Court Room Haryana Real Estate Regulatory Authority Gurugram New PWD Rest House Civil Lines Gurugram 5. Issued as per the order and the seal of the Authority on this day of 29.11.2019 | NOTICE SENT FOR REPLY |
| Notice Number | Remarks | Dispatching Date | Dispatch Id | View Notice |
|---|---|---|---|---|
| First Notice | Subject Complaint titled as Ms EMAAR MGF LAND LTD. VS ANITA RAINA SANJAY RAINA 1. You are hereby informed that the above-mentioned complaint in CRA form read with Rule 281 of the Haryana Real Estate Regulation and Development Rules 2017 as amended by the Haryana Real Estate Regulation and Development Rules 2019 and notified vide No.Misc-8621832019ITCP dated 12.09.2019 has been received against you in this Authority. In this regard this notice along with the copy of the complaint and annexures are being sent herewith through Speed Post and on your e-mail address. Details of Notice and CRA may also be seen on the website of the Authority. A copy of the complaint has already been sent by the complainant to your address through Speed Post as well as through e-mail address. In this regard copy of tracking report as a proof of having delivered the complaint through Speed Post as well as delivery confirmation report by e-mail has also been submitted by the complainant. 2. You are hereby directed to submit your written reply in two copies with soft copy as per the prescribed proforma available on the website haryanarera.gov.in of this Authority duly supported by all the relevant documents in your defense Latest by 10 days from the date of receipt of this notice the registry of the HARERA Gurugram. 3. You may present your case before the Authority on the date fixed given above personally or through an authorized representative or through an advocate as per the provisions of Section 56 of the Real Estate Regulation and Development Act 2016. 4. In case your reply is not received by stipulated period then no further opportunity would be given to you your defense would be liable to be struck off and the complaint will be heard by the Authority in the absence of your defense on merit and matter shall be proceeded ex-parte as per law. Date 10.12.2019 Time 1030 AM Venue Court Room Haryana Real Estate Regulatory Authority Gurugram New PWD Rest House Civil Lines Gurugram 5. Issued as per the order and the seal of the Authority on this day of 29.11.2019 | 29-Nov-2019 | EH787630222IN |
| Date of Hearing | Status | Proceedings of the day | Bench | Order | Order Uploaded On |
|---|---|---|---|---|---|
| 19-Mar-2024 | DISPOSED | The counsel for the complainant - builder stated that the matter has been settled between the parties and placed on record a copy of settlement deed dated 31.12.2023 which is duly signed by both the parties. The matter is disposed off in terms of settlement deed dated 31.12.2023. File be consigned to the registry. | ASHOK SANGWAN VIJAY KUMAR GOYAL SANJEEV KUMAR ARORA | View Order | 01-Apr-2024 |
| 16-Jan-2024 | PENDING | The counsel for the complainant-builder states that the matter has been settled amicably between the parties and placed on record a copy of settlement deed dated 31.12.2023. Proxy counsel for the respondent-allottee states that although the settlement deed has ben signed between the parties, the same is yet to be complied by way of handing over of possession and seeks a short date for confirmation of the same. Matter to come up on 19.3.2024 for further proceedings. | ASHOK SANGWAN | View Order | 24-Jan-2024 |
| 10-Oct-2023 | PENDING | Both the counsels for the parties request stated at bar that settlement talks are going on between the parties. Request is allowed. Matter to come up on 16.01.2024 for further proceedings. | VIJAY KUMAR GOYAL ASHOK SANGWAN SANJEEV KUMAR ARORA | View Order | 18-Oct-2023 |
| 01-Aug-2023 | PENDING | The present complaint was filed in ‘Form CRA’ on 27.11.2019 and the reply has been filed by the respondent on 21.09.2020. The present complaint was filed by complainant/promoter and the same was disposed of on 12.02.2021 and it was observed as under: “Reply has already been filed by the respondent. Since the matter is pending before the NCLT, the complainant is advised to pursue the matter before the said forum. In view of the pendency of the matter before the NCLT, the present complaint stands disposed. File be consigned to the Registry.” Thereafter, the complainant/promoter has approached the Hon’ble HREAT by filing an appeal bearing no. 110 of 2021 and the said appeal was disposed of on 19.01.2023 with following observations: “9. Admittedly, vide impugned order dated 12.02.2021 the complaint preferred by the appellant/promoter had been dismissed by the learned Authority simply on account of the fact that the matter was pending before the Hon’ble NCLT and the appellant was advised to pursue the matter before the said forum. Since, that petition filed by the respondents/allottees before the Hon’ble NCLT has been got dismissed as withdrawn, so, in these circumstances, the matter is remitted to the learned Authority for adjudication of the present lis between the parties on merits. 10. Consequently, the present appeal is hereby allowed. The impugned order dated 12.02.2021 handed down by the learned Authority is set aside. The complaint is remitted to the learned Haryana Real Estate Regulatory Authority, Gurugram, for fresh trial/decision in accordance with law. The learned Authority is directed to dispose of the complaint preferred by the appellant/promoter expeditiously.” Thus, the present complaint is before the authority. Succinct facts of the case as per complaint and reply are as under: Sr. No. Particulars Details 1. Name of the project Marbella, Sector 65 & 66, Gurugram, Haryana 2. Total area of the project 107.9 acres 3. Nature of the project Residential plotted colony 4. DTCP license no. 97 of 2010 dated 18.11.2010 41 of 2011 dated 03.05.2011 Validity of license 18.11.2022 03.05.2024 Licensee Foyer Propbuild Pvt. Ltd. and ors. Foyer Propbuild Pvt. Ltd. and anr. Area for which license was granted 106.86 acres 1.063 acres 5. Registered/not registered Registered in two phases i. 307 of 2017 dated 17.10.2017 for 41.86 acres [Valid up to 16.10.2022] ii. 8 of 2021 dated 01.03.2021 (Phase II) for 66.059 acres [For 12.609 acres- Valid up w.e.f. 01.03.2021 till 31.12.2023 For 53.45 acres- Valid up w.e.f. 01.03.2021 till 31.12.2027] 6. Occupation certificate granted on 03.06.2019 [Page 118 of complaint] 7. Provisional allotment letter 18.02.2014 [Page 31 of complaint] 8. Villa/Unit no. MAR-BE-053 [Page 68 of complaint] 9. Area of the villa/unit 2872.92 sq. ft. (super built-up area) on 267 sq. yd. plot [Page 35 of complaint] 10. Date of execution of buyer’s agreement 05.03.2014 [Page 33 of complaint] 11. Possession clause 10. POSSESSION (a) Time of handing over the Possession Subject to terms of this clause and subject to the Allottee(s) having complied with all the terms and conditions of this Agreement, and not being in default under any of the provisions of this Buyer’s Agreement and compliance with all provisions, formalities, documentation etc. as prescribed by the Company, the Company proposes to hand over the possession of the Villa within 30 (thirty) months from Start of Villa Construction. The Allottee(s) agrees and understands that the Company shall be entitled to a grace period of 3 (three) months, for applying and obtaining the occupation certificate in respect of the Villa. (Emphasis supplied) [page 45 of complaint] 12. Date of of start of construction as per statement of account dated 07.06.2019 at page 125 of complaint 31.10.2014 13. Due date of possession 31.07.2017 14. Consideration as per payment plan annexed with the buyer’s agreement at page 68 of complaint Rs.6,66,20,216/- 15. Total consideration as per statement of account dated 07.06.2019 at page 125 of complaint and 14.08.2019 at page 76 of reply Rs. 6,71,90,112/- 16. Total amount paid by the respondents as per statement of account dated 07.06.2019 at page 126 of complaint and dated 14.08.2019 at page 77 of reply Rs. 4,95,86,083/- 17. Offer of possession 07.06.2019 [Page 119 of complaint] 18. Email by the respondents-allottees intimating withdrawal from the project 02.09.2019 [Page 89 of reply] Arguments heard. The counsel for the complainant-promoter states that offer of possession already stands made to the respondent allottee in June 2019 after obtaining OC from the competent authority and has filed the above complaint before the authority for issuing directions to the respondent allottee to clear outstanding amount and to take possession. Further, earlier the respondent allottee has filed a case for refund before NCLT which was later-on withdrawn and the Hon’ble Appellate Tribunal has remanded back the case for passing a reasoned order after hearing both the parties. The counsel for the respondent allottee states that there was delay in offering possession which as per BBA was to be handed over in July 2017 and after delayed offer, the termination notice to the promoter was sent on 02.09.2019 and on failure has moved before the NCLT. The case before Hon’ble NCLT has been withdrawn and now the matter for refund is pending before the Hon’ble NCDRC on the complaint of the respondent allottee and is fixed for hearing on 24.08.2023. Both the counsel for the parties are directed to file written submissions within a period of 2 weeks after supplying a copy to each other. Matter to come up on 10.10.2023 for final arguments. | VIJAY KUMAR GOYAL ASHOK SANGWAN SANJEEV KUMAR ARORA | View Order | 12-Aug-2023 |
| 09-May-2023 | PENDING | The present complaint was filed in ‘Form CRA’ on 27.11.2019 and the reply has been filed by the respondent on 21.09.2020. The present complaint was filed by complainant/promoter and the same was disposed of on 12.02.2021 and it was observed as under: “Reply has already been filed by the respondent. Since the matter is pending before the NCLT, the complainant is advised to pursue the matter before the said forum. In view of the pendency of the matter before the NCLT, the present complaint stands disposed. File be consigned to the Registry.” Thereafter, the complainant/promoter has approached the Hon’ble HREAT by filing an appeal bearing no. 110 of 2021 and the said appeal was disposed of on 19.01.2023 with following observations: “9. Admittedly, vide impugned order dated 12.02.2021 the complaint preferred by the appellant/promoter had been dismissed by the learned Authority simply on account of the fact that the matter was pending before the Hon’ble NCLT and the appellant was advised to pursue the matter before the said forum. Since, that petition filed by the respondents/allottees before the Hon’ble NCLT has been got dismissed as withdrawn, so, in these circumstances, the matter is remitted to the learned Authority for adjudication of the present lis between the parties on merits. 10. Consequently, the present appeal is hereby allowed. The impugned order dated 12.02.2021 handed down by the learned Authority is set aside. The complaint is remitted to the learned Haryana Real Estate Regulatory Authority, Gurugram, for fresh trial/decision in accordance with law. The learned Authority is directed to dispose of the complaint preferred by the appellant/promoter expeditiously.” The respondent has filed the reply on 21.09.2020 but the copy is not received by the complainant-promoter and a copy of the reply may be obtained from the registry of the authority as none is present on behalf of the respondent-allottee. One more opportunity to the respondent allottee is given to put in appearance. Matter to come up on 01.08.2023 for further proceedings. | VIJAY KUMAR GOYAL ASHOK SANGWAN SANJEEV KUMAR ARORA | View Order | 17-May-2023 |
| 12-Feb-2021 | SINE DIE | Reply has already been filed by the respondent. Since the matter is pending before the NCLT, the complainant is advised to pursue the matter before the said forum. In view of the pendency of the matter before the NCLT, the present complaint stands disposed. File be consigned to the Registry. | K K KHANDELWAL SAMIR KUMAR SUBHASH CHANDER KUSH | View Order | 19-Feb-2021 |
| 17-Dec-2020 | PENDING | Counsel for the complainant has stated that he has not received the copy of the reply. Counsel for the respondent is directed to supply the copy of reply today itself. Matter to come up on 12.02.2021 for arguments. | K K KHANDELWAL SAMIR KUMAR SUBHASH CHANDER KUSH | View Order | 22-Dec-2020 |
| 04-Nov-2020 | PENDING | Arguments heard. The matter is referred for mediation in pursuance of the orders of the authority with respect to mediation under section 89 of the Code of Civil Procedure, 1908. The parties are directed to file settlement deed on 26.11.2020, if any. In case settlement is not reached between the parties, the matter shall be heard on merits on 17.12.2020 | K K KHANDELWAL SAMIR KUMAR SUBHASH CHANDER KUSH | View Order | 07-Nov-2020 |
| 16-Sep-2020 | PENDING | DUE TO COVID-19 PANDEMIC, THE MATTER IS ADJOURNED TO 04.11.2020 | K K KHANDELWAL SAMIR KUMAR SUBHASH CHANDER KUSH | View Order | 17-Sep-2020 |
| 29-Jul-2020 | PENDING | DUE TO COVID-19 PANDEMIC, THE CASE IS ADJOURNED TO 16.09.2020 | K K KHANDELWAL SAMIR KUMAR SUBHASH CHANDER KUSH | View Order | 29-Jul-2020 |
| 12-May-2020 | PENDING | In order to obviate the menace of Coronavirus, Court is adjourned. Matter is fixed for 29.07.2020. | K K KHANDELWAL SAMIR KUMAR SUBHASH CHANDER KUSH | View Order | 30-May-2020 |
| 26-Mar-2020 | PENDING | In order to obviate the menace of Coronavirus, Court is adjourned. Matter is fixed for 12.05.2020. | K K KHANDELWAL SAMIR KUMAR SUBHASH CHANDER KUSH | View Order | 11-May-2020 |
| 07-Feb-2020 | PENDING | CORAM NOT COMPLETE. ADJOURNED TO 26.3.2020. | K K KHANDELWAL SAMIR KUMAR SUBHASH CHANDER KUSH | View Order | 07-Feb-2020 |
| 10-Dec-2019 | FIRST HEARING | THE CASE IS ADJOURNED TO 07.02.2020. BY THE ORDER OF THE AUTHORITY. | K K KHANDELWAL SAMIR KUMAR SUBHASH CHANDER KUSH | View Order | 12-Dec-2019 |
| Date of Judgement | Party Details | Judgement Uploading Date | View Judgement |
|---|---|---|---|
| 19-Mar-2024 | EMAAR MGF LAND LIMITED V/S MR SANJAY RAINA |
22-May-2024 |
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