| 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 |
|---|---|---|---|---|---|---|---|---|---|---|
| URVASHI TIWARI V/S ELAN BUILDCON PVT. LTD |
RAJAN KUMAR HANS | GURUGRAM | DISPOSED | NOT REQUIRED | Not Yet | First hearing | -- |
| Date of Hearing | Status | Proceedings of the day | Bench | Order | Order Uploaded On |
|---|---|---|---|---|---|
| 11-Jul-2023 | DISPOSED | During the proceedings dated 14.03.2023, the counsel for both the parties had agreed that all the cases at serial No.09 to 15 and 17 of 2020 may be decided in terms of the order dated 03.03.2023 passed in CR No.4829 of 2020 in case titled as Vinod Kumar Versus Elan Buildcon Private Ltd. and in view of the same, said cases were disposed off on the same date as committed by the parties. The matters were listed for rehearing with respect to issues of deductions of statutory taxes and brokerage. However both the counsels for the parties state at bar that the authority had already deliberated the matter when the concerned cases were disposed off in terms of earlier order and same cannot be re-opened at this stage as the doctrine of functus officio applies. In view of above, cases are disposed off accordingly. Detailed order will follow. File be consigned to the registry. | VIJAY KUMAR GOYAL ASHOK SANGWAN SANJEEV KUMAR ARORA | View Order | 23-Aug-2023 |
| 14-Mar-2023 | RE-OPEN/PENDING | RE-OPENED | VIJAY KUMAR GOYAL ASHOK SANGWAN SANJEEV KUMAR ARORA | View Order | 10-May-2023 |
| 01-Feb-2023 | PENDING | Vide order dated 20.08.2021 the Hon’ble Adjudicating officer disposed off the complaint directing the respondent to refund the amount paid by the complainant along with interest. The respondent filed an appeal no. 565 of 2021 against the said order of the Adjudicating Officer. The HREAT vide order dated 25.04.2022 allowed the appeal and set aside the order dated 20.08.2021 passed by the Adjudicating Officer stating the case is remitted for fresh trail in accordance with law to the learned Haryana Real Estate Authority, Gurugram. However, the respondent filed an application for fresh trial by the Haryana Real Estate Authority, Gurugram. On the last date of hearing, none was present on behalf of the respondent. Hence, a fresh notice was sent to the respondent vide email on the following email addresses info@elanlimited.com of which delivery has been confirmed. The AR of the respondent company states at bar that they have received communication only yesterday and they are in the process of engaging advocate for the matter and seeks short adjournment. Request is allowed. Matter to come up on 14.03.2023 for further proceedings. | ASHOK SANGWAN SANJEEV KUMAR ARORA | --- | --- |
| 13-Dec-2022 | PENDING | Vide order dated 20.08.2021 the present complaint was disposed off by the Adjudicating Officer. The respondent-promoter has filed the appeal against the aforesaid order before the Appellate Tribunal. Vide its orders dated 25.4.2022 the present case has been remanded back by the Appellate Tribunal in the Appeal No.557 of 2021 filed M/s Elan Buildcon Pvt. Ltd. The present appeal has been preferred by M/s Elan Buildcon Pvt. Ltd. against the orders dated 20.8.2021 passed by the Adjudicating Officer where by the complaint filed by the respondent-allotee for refund of the entire amount paid by him to the appellate promoter alongwith interest. The Hon’ble Appellate Tribune has allowed the said appeal in view the judgement passed by the Apex Court in case M/s Newtech Promoters and Developers Pvt. Ltd. Versus State of UP and ors. as the Adjudicating Officer was not competent to entertain, adjudicate upon and grant the relief of refund with interest. It was only the Regulatory Authority which had jurisdiction to deal with the complaint filed by the respondent-allotee. Keeping in view the above discussions, the Appellate Tribunal has set aside the orders of the Adjudicating Officer dated 20.8.2021 and the case is remitted for fresh trial in accordance with law to the Learned Haryana Real Estate Regulatory Authority, Gurugram. The parties are directed to appear before the authority on 25.5.2022. Besides the amount deposited by the appellate-promoter i.e. Rs.16,18,483/- with this Tribunal to comply with the provisions of Section 43(5) of the Act be returned/refunded to the appellant-respondent alongwith interest accrued thereon, in accordance with law/rules and of course subject to tax liability, if any. The counsel for the complainant has filed an application dated 6.6.2022 for listing of the above case as the cause list of 25.5.2022 is not having he abovesaid matter listed. The notice to both the parties was sent through email dated 03.10.2022. The case was listed today for arguments but none is present on behalf of the respondent. One more opportunity is being given to the respondent to put in appearance on next date of hearing failing which matter shall be proceeded exparte. This shall be the last opportunity. Matter to come up on 01.02.2023 for further arguments. | VIJAY KUMAR GOYAL SANJEEV KUMAR ARORA | --- | --- |
| 20-Aug-2021 | RE-OPEN/PENDING | RE-OPENED | RAJINDER KUMAR | View Order | 04-Sep-2021 |
| 16-Aug-2021 | PENDING | Due over overwork, order is not ready. 2. To come on 20.08.2021 for order. | RAJINDER KUMAR | View Order | 23-Aug-2021 |
| 04-Aug-2021 | PENDING | Order is not ready due to overwork. 2. To come on 16.08.2021 for order. | RAJINDER KUMAR | View Order | 06-Aug-2021 |
| 22-Jul-2021 | PENDING | Arguments heard. 2. To come on 04.08.2021 for order. | RAJINDER KUMAR | View Order | 23-Jul-2021 |
| 02-Jul-2021 | PENDING | Matter is adjourned to 22.07.2021 for the proceedings already fixed. | RAJINDER KUMAR | View Order | 08-Jul-2021 |
| 18-Mar-2021 | FIRST HEARING | In pursuance to notice, both the parties put in appearance through their respective counsel. 2. It is stated that copy of written reply has already been received. However, written statement is not on the file. Registry is directed to trace out and placed on record before the next date of hearing. 3. A date is requested on behalf of the respondent by Shri Ganesh Kamath as he is not prepared to advance arguments. Adjournment not opposed and is grant ed. 4. List for arguments on 02.07.2021. | SUBHASH CHAND GOYAL | --- | --- |
| Date of Judgement | Party Details | Judgement Uploading Date | View Judgement |
|---|---|---|---|
| 14-Mar-2023 | URVASHI TIWARI V/S ELAN BUILDCON PVT. LTD |
--- | --- |
| 20-Aug-2021 | URVASHI TIWARI V/S ELAN BUILDCON PVT. LTD |
03-Sep-2021 |
|
| 11-Jul-2023 | URVASHI TIWARI V/S ELAN BUILDCON PVT. LTD |
23-Aug-2023 |
|
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