| 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 |
|---|---|---|---|---|---|---|---|---|---|---|
| TARUN BHARGAVA AND VANDANA BHARGAVA V/S VATIKA LIMITED |
GAURAV BHARDWAJ AND SURBHI GARG BHARDWAJ | GURUGRAM | DISPOSED | NOT REQUIRED | Not Yet | First hearing | -- |
| Date of Hearing | Status | Proceedings of the day | Bench | Order | Order Uploaded On |
|---|---|---|---|---|---|
| 12-Apr-2022 | DISPOSED | On the last date of hearing dated 15.02.2022, the complainant was allowed to file a rectification application against the order dated 22.10.2021 within a period of four weeks with an advance copy to the respondent but no rectification application has been filed by the complainant till date. The counsel for the complainant during proceedings today submitted that they are not filing any rectification application but seeking clarification regarding delayed possession charges whether payable from the due date of possession till possession actually taken over by the complainant although without occupation certificate. The matter be referred to Director Town and Country Planning. There is violation of Haryana Building Code, as the builder has offered possession without obtaining OC. The director may initiate legal proceedings against the promoter. The DTCP is also advised to dispose of application of the promoter for grant of occupation certificate and after levying the compounding fees as per applicable rules from the promoter-respondent. The complainant has already taken over possession, accordingly from the date he has taken over possession, he cannot be allowed delayed possession charges. Although the possession has been offered wrongly by the respondent as mentioned above. However, the complainant shall be entitled for DPC from the due date of possession till actual taking over the possession. To that extent, the matter is clarified. Complaint stands disposed of. Detailed order will follow. File be consigned to the registry. | K K KHANDELWAL VIJAY KUMAR GOYAL | View Order | 22-Apr-2022 |
| 15-Feb-2022 | PENDING | MATTER IS ADJOURNED TO 12.04.2022. | K K KHANDELWAL VIJAY KUMAR GOYAL | View Order | 04-Mar-2022 |
| 17-Dec-2021 | PENDING | Vide letter dated 09.12.2021 received from Shri Anil Kumar Yadav, Advocate-Chairman Election Committee, District Bar Association Gurgaon, the annual election for the year 2021-2022 of District Bar Association Gurgaon are going to be held today 0n 17.12.2021 in the judicial complex, as per decision of Election Committee constituted by the Bar Council of Punjab & Haryana and the work in the District Courts would remain suspended today. In view of above, the matter is adjourned to 15.02.2022 for the purpose already fixed. | K K KHANDELWAL VIJAY KUMAR GOYAL | View Order | 17-Dec-2021 |
| 22-Oct-2021 | PENDING | The present complaint has been received on 10.11.2020 and the reply was received on 15.01.2021 Succinct facts of the case are as under: Sr. No. Particulars Details 1. Name of the project Gurgaon 21 Next 2. Unit No. 904,9th Floor, Tower A, Super Area-2337.18 sq. ft. 3. Addendum letter dated 06.04.2011 1102, tower A, Super Area-2408.23 sq. ft 3. Date of allotment N/A 4. Date of builder buyer agreement 11.04.2009 Note: Copy of the agreement duly executed by both parties bears stamp date of – 11.04.2009 5. Possession clause 10.1 Schedule for possession of the said apartment The company based on its present plans and estimates and subject to all just exceptions, contemplates to complete construction of the said building / said apartment within a period of three years from the date of execution of this agreement unless there shall be delay or there shall be failure due to reasons mentioned in clauses (11.1),(11.2),(11.3) and clause (39) or due to failure of allottee(s) to pay in time the price of the said apartment along with all other charges and dues in accordance with the schedule of payments given in annexure iii or as per the demands raised by the company from time to time or any failure on the part of the allottee(s) to abide by any of the terms or conditions of this agreement. (emphasis supplied) 7. Due date of possession 11.04.2012 8. Subsequent allottee 22.02.2011 9. Occupation certificate Not obtained 10. Offer of possession 04.11.2016 11. Handing over the possession 21.11.2016 The complainant has sought following reliefs: 1. Direct the respondent to obtain occupation certificate tower ‘A’ and issue fresh offer of possession letter to the complainants. There is nothing on the record to show that the respondent has applied for granting occupation certificate of the particular tower of the project in which the allotted unit of the complainant is situated. So, in such a situation no direction can be given to the respondent to issue fresh offer of possession when the same has already been taken by the complainant admittedly on 21.11.2016. Both the respondent as well as complainant are at fault. The respondent has given the possession of unit without obtaining OC which is compoundable offer. The complainant has taken over possession knowing fully well that OC has not been obtained by the promoter. The complainant is enjoying the possession of the unit. The promoter shall have to certainly obtain the OC from the competent authority. The matter be referred to DTCP for initiating action against the builder for not obtaining OC within the license period and also offering possession without OC. 2. Direct the respondent to register the conveyance deed and transfer title in favour of the complainants upon receipt of occupation certificate, in accordance with section 17 of RERA, 2016. When the respondent has not obtained occupation certificate of the tower of the allotted unit, then the question of giving a direction to it for execution of conveyance deed does not arise. 3. Direct the respondent to pay interest charges on account of IBMS amount paid by the complainant. A perusal of the statement of account show that the complainant has already paid a sum of Rs. 1,19,500/- as IBMS with the respondent/builder beside other charges. There is nothing on the record to show that any resident welfare association has been formed. Moreover, in the absence of occupation certificate, the builder cannot validly transfer ownership of common areas to the resident welfare association and the amount collected as IBMS. However, as an when occupation certificate of the tower is received, then within three months the respondent/builder is obligated to transfer the amount of IBMS collected from the allottees along with interest as per laws. 4. Impose a penalty upon the respondent to the extent of upto 5% of the total cost of the project for violation of section 11(4)(b) of RERA, 2016. The obligation of the builder buyer agreement as has been alleged to have been violated are for a period prior to coming into force of RERA accordingly penal proceeding cannot be initiated. The complainant may file a fresh application for any violation alleged to have been done for the obligations post implementation of RERA. Order reserved. Matter to come up on 17.12.2021 | K K KHANDELWAL SAMIR KUMAR VIJAY KUMAR GOYAL | View Order | 29-Oct-2021 |
| 09-Sep-2021 | PENDING | It has been brought to the notice of the Authority that the unit of the complainant is located in the project, namely, “Gurgaon 21 Next” instead of Vatika India Next. The said project is not registered with the Authority. Counsel for the respondent is directed to apply for registration of the said project within a period of 10 days and submit due diligence report otherwise forensic audit shall be ordered. Matter to come up on 22.10.2021. | VIJAY KUMAR GOYAL SAMIR KUMAR | View Order | 15-Sep-2021 |
| 28-Jul-2021 | PENDING | Part arguments heard. Counsel for the respondent has stated at bar that the matter is with regard to subsequent allottee. Adjourned to 09.09.2021 for final arguments. | VIJAY KUMAR GOYAL SAMIR KUMAR | View Order | 04-Aug-2021 |
| 12-May-2021 | PENDING | Matter to come up on 28.07.2021 for further proceedings. | K K KHANDELWAL SAMIR KUMAR VIJAY KUMAR GOYAL | View Order | 19-May-2021 |
| 01-Apr-2021 | PENDING | Reply has already been filed by the respondent. Today the case was fixed for arguments but the counsel for the complainant has requested for an adjournment for addressing arguments. On his request, matter is adjourned to 12.05.2021 for final arguments. | VIJAY KUMAR GOYAL SAMIR KUMAR | View Order | 23-Apr-2021 |
| 11-Feb-2021 | PENDING | Arguments heard. Counsel for the respondent alongwith authorized representative were asked to submit the circumstances under which the possession was offered without part completion certificate/completion certificate. Whether such possession could be taken as the possession under the Haryana Development and Regulation of Urban Areas Act, 1975. Authorized representative is directed to appear before the authority to explain the status w.r.t completion of the project, completion certificate obtained from the DTCP, offer of possession and charging of maintenance amount etc. on the next date of hearing. Director of the company alongwith Architect and Planner of the company shall also appear before the authority on the next date of hearing to explain the above mentioned facts in detail and produce all the relevant documents. Respondent is directed to submit the list of all vacant/un-allotted plots in the category of 360 square yards on an affidavit in the registry within 15 days. Complainant is directed to visit the site within 15 days and sort out the matter amicably and submit written submissions. Respondent is directed to send letter/mail to the complainant for allotting an alternative plot within 15 days to sort out the matter. Registry is directed to do the needful. Matter to come up on 01.04.2021. | K K KHANDELWAL SAMIR KUMAR SUBHASH CHANDER KUSH | View Order | 23-Feb-2021 |
| 22-Dec-2020 | FIRST HEARING | Coram not complete. Matter is listed for 11.02.2021 for the purpose as already fixed. | K K KHANDELWAL SAMIR KUMAR SUBHASH CHANDER KUSH | View Order | 28-Dec-2020 |
| Date of Judgement | Party Details | Judgement Uploading Date | View Judgement |
|---|---|---|---|
| 12-Apr-2022 | TARUN BHARGAVA AND VANDANA BHARGAVA V/S VATIKA LIMITED |
09-Jun-2022 |
|
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