24-May-2023 |
DISPOSED |
Order pronounced.
Refund is allowed after deduction of 10 of
the sale consideration alongwith prescribed rate of interest i.e. 10.70 per
annum from the date of each deposit till its realization.
Detailed order will follow.
Matter stands disposed off. File be consigned to the registry. |
ASHOK SANGWAN |
View Order |
29-May-2023 |
22-Mar-2023 |
RESERVED |
The present complaint has been received
on 28.08.2019 and the reply on behalf of respondent was received on 15.01.2021.
The counsel for the complainant
states that the subject unit was allotted on 10.01.2013 and total amount of
Rs.1,18,45,854 /- has been paid against a total sale consideration of Rs.1,07,60,800/-. The due
date for offer of possession was 10.09.2017 and offer of possession was made on
24.01.2019 on misrepresentation of facts.
The complainant had written to the respondent on 22.05.2019
objecting to the conditions under which
the offer of possession had been made pointing out a number of deficiencies (no fresh water supply and power supply) and
had stated that possession will be taken only after the same were rectified. It
is further stated that the PLC attributes promised at the time of allotment are
also missing from the site. Subsequently, the complainant withdrew from the
project on 25.07.2019. Therefore, the complainant is requesting for full refund
alongwith interest at the prescribed rate.
The counsel for the respondent states
that this authority had appointed local commissioner in other matters
pertaining to the same project and the same have been brought on record proof,
a separate application had been filed on 23.07.2021. As per the report dated 20.08.2019 in CR No. 1439 of 2019, it has been reported
that water and power supply as well as STP are functional. The project is in habitable form and many allottees are
residing in the same. The complainants have
desired to withdraw from the project after offer of possession and in
these circumstances, they are liable to be refunded the paid amount after
deductions in terms of BBA dated
30.12.2014. The counsel for the
respondent cites order dated 15.02.2023
in CR No.587 of 2019.
Arguments heard.
The parties may file written
submissions within a period of one week in case they wish to do so.
Order reserved.
Matter to come up on 24.05.2023
for pronouncement of order. |
ASHOK SANGWAN |
View Order |
24-Mar-2023 |
14-Feb-2023 |
PENDING |
Both the parties were directed vide order dated 22.08.2022 for filing the written submissions
within 2 weeks. The counsel for the respondent has supplied a copy of written
submissions to the proxy counsel of complainant during proceedings and shall be
filing the same in the registry within one week.
The proxy counsel for the complainant seeks a short adjournment to argue
the matter as the main counsel is not available today. The complainant is given
one last opportunity for filing written submissions, if any within 2 weeks
after supplying a copy to the respondent.
Matter to come up on 22.03.2023 for further proceedings. |
VIJAY KUMAR GOYAL SANJEEV KUMAR ARORA |
View Order |
21-Feb-2023 |
01-Dec-2022 |
PENDING |
The counsel
for the parties have made joint request to argue the matter. Heard. Request is allowed.
Matter
to come up on 14.02.2023 for further proceedings. |
VIJAY KUMAR GOYAL ASHOK SANGWAN SANJEEV KUMAR ARORA |
View Order |
08-Jun-2023 |
20-Sep-2022 |
PENDING |
In order to constitute new Bench and to
revise roaster of cases, the matter is adjourned to 01.12.2022 for further
proceedings. |
K K KHANDELWAL VIJAY KUMAR GOYAL |
View Order |
12-Oct-2022 |
22-Aug-2022 |
PENDING |
Part arguments heard.
Both the parties are directed to submit written submissions within two
weeks with an advance copy to each other.
Matter to come up on 20.09.2022 for further proceedings. |
K K KHANDELWAL VIJAY KUMAR GOYAL |
View Order |
10-Sep-2022 |
09-Jun-2022 |
PENDING |
The District
Bar Association Gurugram vide resolution No.323 dated 27.05.2022 has informed
that Punjab & Haryana High Court, Chandigarh vide Notification No.117 dated
09.05.2022 declared that summer vacation will be observed from 01.06.2022 to
30.6.2022 and requested not to list the cases between 01.06.2022 to 30.06.2022.
In view
of the above, the case is adjourned to 22.08.2022 for the purpose as already
fixed. |
K K KHANDELWAL VIJAY KUMAR GOYAL |
View Order |
05-Jul-2022 |
02-Mar-2022 |
PENDING |
In view of judgment dated 11.11.2021 in title- M/s Newtech Promoters and Developers Pvt Ltd. Vs State of UP & Ors. Etc. passed by the Apex Court, this forum has no jurisdiction to adjudicate the complaint in hands. File be transferred to the Authority. Next date will be notified later on by the Authority. Reader is directed to send the file immediately. |
RAJINDER KUMAR |
--- |
--- |
14-Jan-2022 |
PENDING |
Taking cognizance of decision of Hon’ble High
Court of Punjab & Haryana declaring
14th Jan. 2022 as local holiday on account of Makar Sankranti
in Gurugram Division, District Bar Association, Gurugram has requested to suspend court work.
In view of above, matter
is adjourned to 02.03.2022 for further
proceedings. |
RAJINDER KUMAR |
View Order |
08-Jun-2023 |
12-Nov-2021 |
PENDING |
Counsel for complainant requests for adjournment. Allowed.
To
come on 14.01.2022 for arguments. |
RAJINDER KUMAR |
View Order |
18-Nov-2021 |
21-Sep-2021 |
PENDING |
Adjournment is requested on behalf of
respondent stating that main counsel has met with an accident. Not opposed.
Allowed.
2. To come on 12.11.2021
for arguments. |
RAJINDER KUMAR |
View Order |
08-Jun-2023 |
13-Jul-2021 |
FIRST HEARING |
Learned
counsel for the respondent submits that he has already filed written reply.
Copy supplied.
2. To come on 21.09.2021 for
arguments. |
RAJINDER KUMAR |
View Order |
16-Jul-2021 |