| 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 |
|---|---|---|---|---|---|---|---|---|---|---|
| TINKI JAIN V/S SPAZE TOWERS PVT. LTD. |
SUKHBIR YADAV | GURUGRAM | DISPOSED | NOT REQUIRED | Not Yet | FIRST HEARING | -- |
| S No. | Complaint-ID | Complaint-Type | Status | Next Date |
|---|---|---|---|---|
| 1 | RERA-GRG-5354-2022 | Execution | DISMISSED | NA |
| Date of Hearing | Status | Proceedings of the day | Bench | Order | Order Uploaded On |
|---|---|---|---|---|---|
| 15-Mar-2022 | DISPOSED | Order pronounced. DPC allowed and other issues decided. The complaint stands disposed off. Detailed order will follow. File be consigned to the registry. | K K KHANDELWAL VIJAY KUMAR GOYAL | View Order | 17-Mar-2022 |
| 11-Feb-2022 | PENDING | THE MATTER IS ADJOURNED TO 15.03.2022. | K K KHANDELWAL VIJAY KUMAR GOYAL | View Order | 11-Mar-2022 |
| 07-Dec-2021 | PENDING | THE MATTER IS ADJOURNED TO 11.02.2022. | K K KHANDELWAL VIJAY KUMAR GOYAL | View Order | 11-Dec-2021 |
| 14-Oct-2021 | PENDING | An opportunity is given to both the parties to settle the matter and respondent is directed to hand over the physical possession of the unit which is matter of right of every buyer. Regarding rest of the points of arguments judgment is reserved for 7.12.2021 | VIJAY KUMAR GOYAL SAMIR KUMAR | View Order | 27-Oct-2021 |
| 27-Aug-2021 | PENDING | Shri Ishaan Dang Advocate appearing on behalf of the respondent has requested for a date. Request allowed. It shall be the last opportunity. Adjourned to 14.10.2021. | VIJAY KUMAR GOYAL SAMIR KUMAR | View Order | 04-Sep-2021 |
| 08-Jul-2021 | PENDING | Reply not filed by the respondent. Respondent is directed to file reply by 31.07.2021 with an advance copy to the complainant failing which cost of Rs.5,000/- per day shall be imposed upon the respondent to be paid to the complainant. Matter to come up on 27.08.2021 for arguments. | K K KHANDELWAL SAMIR KUMAR VIJAY KUMAR GOYAL | --- | --- |
| 20-Apr-2021 | PENDING | Reply not filed by the respondent. Respondent is directed to file reply within 10 days with an advance copy to the complainant. Matter to come up on 08.07.2021 for further proceedings. | K K KHANDELWAL SAMIR KUMAR VIJAY KUMAR GOYAL | View Order | 26-Apr-2021 |
| 03-Mar-2021 | FIRST HEARING | Proceedings 1. In view of provisions of section 25 read with section 32(g) of the Real Estate (Regulation and Development) Act, 2016. wherein the Authority is empowered to facilitate the growth and promotions of a healthy, transparent, efficient and competitive real estate sector, it is necessary to take measures to facilitate amicable conciliation of dispute between the promoters and the allottees. A representation from Spaze Towers Private Limited for settlement has been received and a large number of its cases are pending before the Authority. In order to save time and money, it appears to the Authority that there exist elements of settlement of dispute which may be acceptable to the parties, The Authority hereby orders mediation under section 89 Code of Civil Procedure, 1908 in cases as given in annexure A through this referral order. The details of reference are as under: - 1. Name of the referral forum The Haryana Real Estate Regulatory Authority, Gurugram 2. Complaint No. Complaint No.35/2021 (Available on website i.e. www.haryanarera.gov.in) 3. Name of the Parties Tinky Jain versus Spaze Towers Private Limited 4. Date and year of institution of cases Same 5. Stage of proceedings Reply received in some matters and replies are pending in some matters 6. Nature of dispute Dispute between developer/builder (promoter) and customers (allottees) 7. The statutory provision under which the reference is made Section 89 of The Code of Civil Procedure, 1908 8. Next date of hearing before the Authority 20.04.2021 9. Whether the parties have consented for mediation Specific consent was not taken and also no objections have not been received 10. Name of the institution/mediator Sh. S.C. Goel, (Retd.) District and Session Judge and Adjudicating Officer, HARERA, Gurugram and Smt. Deepa Malik, Chief Public Grievances Officer and Chief Public Relation Officer, HARERA, Gurugram and Smt. Geeta Rathi, Legal Officer, HARERA, Gurugram One representative from promoters association (NARDECO/CREDAI) and one representative from Association of Allottees, if nominated by the respective president. 11. To whom the case is referred for mediation As detailed above 12. The date and time for the parties to report before the institution/ mediator 24.03.2021 at 2.00 PM (Available on website i.e. www.haryanarera.gov.in) 13. The time limit for completion the mediation Before 20.04.2021 14. Quantum of fee/ remuneration if payable A Demand draft of Rs.5,000/-has been received from the promoter. 15. Contact address and telephone numbers of the parties and their Advocates As per record 2. In terms of Section 89 of The Code of Civil Procedure, 1908 and the Judicial pronouncements, consent of the parties is not mandatory for referring a case for Mediation. The absence of consent for reference does not effect the voluntary nature of the mediation process as the parties still retain the freedom to agree or not to agree for settlement during mediation. 3. In order to prevent any misuse of the provision for mediation by causing delay in the proceedings/disposal of the case, the Authority while referring the matters for mediation, has decided to post the case for further proceedings on 20.04.2021 and hereby grant time to complete the mediation process within this reasonable time. 4. As held by the Supreme Court of India in Afcons Infrastructure Ltd. and Anr. V. Cherian Varkey Construction Co. Pvt. Ltd. and Ors. (2010) 8 Supreme Court Cases 24, having regard to their nature. “All suits and cases of civil nature in particular the following categories of cases (whether pending in civil courts or other special tribunals/ forums) are normally suitable for ADR processes: (i) All cases relating to trade, commerce and contracts, including - Disputes arising out of contracts (including all money suits); - Disputes relating to specific performance; - Disputes between suppliers and customers; - Disputes between bankers and customers; - Disputes between developers/ builders and customers; - Disputes between landlords and tenants/ licensors and licensees; - Disputes between insurer and insured. ____________________________ ____________________________ ____________________________” 5. The parties were motivated to resolve their disputes through mediation. Even if the parties are not inclined to agree for mediation, the Authority has tried to ascertain the reason for such disinclination in order to persuade and motivate them for mediation. The Authority explained the concept and process of mediation and its advantages and how settlement to mediation can satisfy underlying interest of the parties. 6. The Authority hereby orders that the mediation reports be placed before the Authority for passing consequential orders. The parties are directed to remain present personally or through their authorized representative in the proceedings before the Authority. 7. If there is no settlement between the parties, the proceedings before the Authority shall continue in accordance with law. In order to ensure that the confidentiality of the mediation process is not breached, the Authority shall neither ask for the reasons for failure of the parties to arrive at a settlement, nor should the Authority allow the parties or their counsel to disclose such reasons to the Authority. However, it is open to the Authority to explore the possibility of a settlement between the parties. To protect confidentiality of the mediation process, there should not be any communication between the Authority and the mediator regarding the mediation during or after the process of mediation. 8. If the dispute has been settled in mediation, the Authority will examine whether the agreement between the parties is lawful and enforceable. If the agreement is found to be unlawful or unenforceable, it shall be brought to the notice of the parties and the Authority will desist from acting upon such agreement. If the agreement is found to be lawful and enforceable, the Authority will act upon the terms and conditions of the agreement and pass consequential orders. To overcome any technical or procedural difficulty in implementing the settlement between the parties, it is open to the Authority to modify or amend the terms of settlement with the consent of the parties. If the settlement is not effected between the parties, the matter shall be heard on merits on 20.04.2021. | K K KHANDELWAL SAMIR KUMAR | View Order | 15-Apr-2021 |
| Date of Judgement | Party Details | Judgement Uploading Date | View Judgement |
|---|---|---|---|
| 15-Mar-2022 | TINKI JAIN V/S SPAZE TOWERS PVT. LTD. |
27-Apr-2022 |
|
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