| 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 |
|---|---|---|---|---|---|---|---|---|---|---|
| G P SAVLANI V/S ADTV COMMUNICATION PVT LTD |
ADVOCATE ABHAY JAIN | GURUGRAM | DISPOSED | NOT REQUIRED | Yes | 23-Mar-2021 | EH639087622IN | 1ST HEARING FIXED FOR 27.04.2021 | FIRST HEARING |
| Notice Number | Remarks | Dispatching Date | Dispatch Id | View Notice |
|---|---|---|---|---|
| First Notice | 1ST HEARING FIXED FOR 27.04.2021 | 23-Mar-2021 | EH639087622IN | |
| Second Notice | 1ST HEARING FIXED FOR 27.04.2021 | 23-Mar-2021 | EH639087622IN |
| S No. | Complaint-ID | Complaint-Type | Status | Next Date |
|---|---|---|---|---|
| 1 | RERA-GRG-1864-2022 | Execution | PENDING | 09-Jul-2025 |
| Date of Hearing | Status | Proceedings of the day | Bench | Order | Order Uploaded On |
|---|---|---|---|---|---|
| 12-Jan-2022 | DISPOSED | THE PRESENT COMPLAINT HAS BEEN RECEIVED ON 05.02.2021 AND THE REPLY HAS NOT BEEN RECEIVED TILL DATE. SUCCINCT FACTS OF THE CASE AS PER COMPLAINT AND REPLY ARE AS UNDER: SR. NO. PARTICULARS DETAILS 1. NAME OF THE PROJECT ALOHA, SECTOR 57, GURUGRAM, HARYANA 2. UNIT NO. 1401, TOWER- D6, 14TH FLOOR [ANNEXURE O2, PAGE 40 OF COMPLAINT] 3. SUPER AREA 2231 SQ. FT. 4. DATE OF EXECUTION OF BUYER’S AGREEMENT 03.03.2006 [ANNEXURE O2, PAGE 38 OF COMPLAINT] 5. POSSESSION CLAUSE AS PER BUILDER BUYER’S AGREEMENT 10 THE POSSESSION OF THE SAID PREMISES IS LIKELY TO BE DELIVERED BY THE COMPANY TO THE ALLOTTEE WITHIN 36 MONTHS FROM THE DATE OF THE START OF THE CONSTRUCTION OF THE TOWER IN WHICH THE SAID FLAT IS LOCATED OR FROM THE EXECUTION OF THIS AGREEMENT WHICHEVER IS LATER, SUBJECT TO FORCE MAJEURE CIRCUMSTANCES, & ON RECEIPT OF ALL PAYMENTS PUNCTUALLY AS PER AGREED TERMS AND ON RECEIPT OF COMPLETE PAYMENT OF THE BASIC SALE PRICE AND OTHER CHARGES DUE AND PAYABLE UP TO THE DATE OF POSSESSION ACCORDING TO THE PAYMENT PLAN APPLICABLE TO THE ALLOTTEE. THE COMPANY WOULD PAY PENALTY TO ITS CUSTOMERS @ RS 5/- PER SQ.FT. PER MONTH FOR HANDING OVER THE FLAT BEYOND THE COMMITTED PERIOD AS STATED HEREIN ABOVE SUBJECT TO PUNCTUAL PAYMENT OF INSTALLMENT THE ALLOTTEE. (EMPHASIS SUPPLIED) [PAGE 44 OF COMPLAINT] 6. DUE DATE OF POSSESSION 03.03.2009 [NOTE: DUE DATE CALCULATED FROM DATE OF EXECUTION OF AGREEMENT] 7. TOTAL CONSIDERATION AS PER CALCULATION SHEET DATED 13.09.2017 AT PAGE 67 OF COMPLAINT ₹ 60,40,621/- 8. TOTAL AMOUNT PAID BY THE COMPLAINANT AS PER CALCULATION SHEET DATED 13.09.2017 AT PAGE 67 OF COMPLAINT ₹ 45,76,851/- 9. OCCUPATION CERTIFICATE NOT YET OBTAINED 10. HANDING OVER-TAKING OVER (OFFER OF POSSESSION FOR FIT-OUT) 13.09.2017 [ANNEXURE O4, PAGE 68 OF COMPLAINT] NOTE: THE PRESENT COMPLAINT WAS FILED ON 05.02.2021 AND REGISTERED AS COMPLAINT NO. 84 OF 2021. AS PER THE REGISTRY, COMPLAINANT HAS SENT COPY OF COMPLAINT ALONG WITH ANNEXURES THROUGH SPEED POST AS WELL AS THROUGH EMAIL. THE TRACKING REPORT OF THE SAME HAS BEEN SUBMITTED BY THE COMPLAINANT AT PAGE A OF THE COMPLAINT. THE PROOF REGARDING THE DELIVERY OF THE COMPLAINT ALONG WITH ANNEXURES MADE TO THE RESPONDENT, HAS BEEN SUBMITTED BY THE COMPLAINANT AS AVAILABLE IN THE FILE. THE REGISTRY OF THE AUTHORITY SENT A NOTICE WITH A COPY OF THE COMPLAINT ALONG WITH ANNEXURES THROUGH SPEED POST AND THE SAME RETURNED UNCLAIMED. THE TRACKING REPORT OF THE SPEED POST IS AVAILABLE IN THE FILE. REGISTRY HAS ALSO SENT THE NOTICE ALONG WITH A COPY OF THE COMPLAINT THROUGH EMAIL AND THE MAIL WAS BOUNCED BACK. THE REGISTRY ALSO ISSUED FRESH NOTICED TO THE RESPONDENT ON NEW ADDRESSES, BUT THEY ALSO RETURNED UNCLAIMED. THE TRACKING FOR THE SAME IS ALSO AVAILABLE IN THE FILE. LASTLY, ON 03.12.2021 THE AUTHORITY BEFORE PROCEEDING EX-PARTE AGAINST THE RESPONDENT ORDERED TO ISSUE PUBLIC NOTICE IN THE DAILY NEWSPAPER. BUT DESPITE THIS THE RESPONDENT FAILS TO SUBMIT ANY REPLY TILL DATE THEREFORE AUTHORITY IS LEFT WITH NO OPTION BUT TO PROCEED EX-PARTE AGAINST THE RESPONDENT. THE COMPLAINANT IS SEEKING THE FOLLOWING RELIEFS: 1. DIRECT THE RESPONDENT TO COMPLETE THE REQUISITE FORMALITIES FOR GETTING THE OCCUPATION CERTIFICATE AND OFFER A LEGITIMATE AND LAWFUL POSSESSION OF THE FLAT TO THE AGGRIEVED COMPLAINANT. THE RESPONDENT IS LEGALLY BOUND TO MEET THE PRE-REQUISITES FOR OBTAINING OCCUPATION CERTIFICATE FROM THE COMPETENT AUTHORITY. IT IS UNDERSTOOD THAT THE APPLICATION FOR OC WAS MADE IN THE YEAR 2013 TO THE COMPETENT AUTHORITY BUT SO FAR PROMOTER IS UNABLE TO GET OC MAY BE ON ACCOUNT OF APPLICATION NOT BEING COMPLETE, DUES AGAINST THE PROMOTER, NOT MEETING THE PRE-REQUISITE FOR GRANT OF OC ETC. THE PROMOTER IS DUTY BOUND TO OBTAIN OC AND HAND OVER POSSESSION ONLY AFTER OBTAINING OC. THE DEPARTMENT MAY TAKE COGNIZANCE OF THE FACT THAT LARGE NUMBER OF UNITS HAVE BEEN GIVEN PHYSICAL POSSESSION BY OFFERING POSSESSION FOR FIT-OUTS WITHOUT ACTUALLY OBTAINING OCCUPATION CERTIFICATE. THE COMPETENT AUTHORITY I.E. DIRECTOR, TOWN AND COUNTRY PLANNING MAY TAKE REQUISITE ACTION AS PER LAW. COPY BE ENDORSED TO DTCP, HARYANA CHANDIGARH. 2. DIRECT THE RESPONDENT TO COMPLETE THE CONSTRUCTION OF COMMON AREAS INFRASTRUCTURAL FACILITIES AND AMENITIES LIKE CLUB, LIFTS, SEWERAGE TREATMENT PLANTS, SOLAR SYSTEM, ELECTRICITY, FIREFIGHTING EQUIPMENT, INTERNAL ROADS, GYMNASIUM, PARKS ETC. FOR THE COMPLAINANT AND OTHER BUYERS OF THE COMPLEX. AS THE RESPONDENT HAS OFFERED POSSESSION FOR FIT-OUTS ON 13.09.2017 AND THEREAFTER NO VALID OFFER OF POSSESSION HAS BEEN ISSUED BY THE RESPONDENT. ALSO AS REFLECTED FROM THE LC REPORT DATED 28.07.2021 THE FINISHING WORKS WITH RESPECT TO TOWER D6 ARE STILL PENDING. THE CONCLUDING PARAGRAPH OF THE LC REPORT IS REPRODUCED AS UNDER: - “THE SITE OF PROJECT NAMELY | K K KHANDELWAL VIJAY KUMAR GOYAL | View Order | 24-Feb-2022 |
| 03-Dec-2021 | PENDING | Due to non-appearance of respondent-builder, a direction was given by the authority for issuance of public notice for his presence on this date. However due to non- mentioning of the name of the newspaper in which public notice was to be given and the expenses to be borne for the same, public notice could not be issued. The counsel for the complainant offers to bear the expenses of the publication of the notice in the newspaper by the Authority. Further the counsel for the complainant requests for issuance of composite notice in respect of complaint Nos. 81/2021,84/2021, 88/2021, 90/2021, 91/2021, 92/2021 and 1042/2021 in two newspapers i.e. “Hindustan Times” both in English and Hindi edition. Registry is directed to do the needful immediately. Matter to come up on 12.01.2022 for further proceedings. | K K KHANDELWAL VIJAY KUMAR GOYAL | View Order | 16-Dec-2021 |
| 13-Oct-2021 | PENDING | Reply not received. Public notice is being issued by the Authority. The matter to come up on 03.12.2021. | K K KHANDELWAL SAMIR KUMAR VIJAY KUMAR GOYAL | View Order | 03-Nov-2021 |
| 16-Sep-2021 | PENDING | Case has been called today at 12.45. None has appeared on behalf of the respondent despite issuing of bailable warrants against the directors of the respondent company, namely, Laxman Yadav and Sanjay Aggarwal. Summons were also sent on 24.07.2021 for appearance on 30.07.2021 which were received back unserved due to incomplete wrong address of the respondent. Again a notice dated 02.09.2021 were issued on the new address of the respondent company but none has appeared. In this case, a Local Commission too was appointed vide order dated 15.07.2021. Local Commission report too has been received and the same has been placed on record. It seems that the respondent is not interested in pursuing the case/matter. There is hobson’s choice with the authority but to proceed/declare the proceedings exparte. In view of the prevailing situation, the complainant is directed to submit written submissions within a week time so that appropriate order after considering all their averments may be passed. Matter to come up on 13.10.2021 | VIJAY KUMAR GOYAL SAMIR KUMAR | View Order | 23-Sep-2021 |
| 30-Jul-2021 | PENDING | Case has been called out twice but no one has appeared on behalf of the respondent. Summons sent to the respondent on 24.07.2021 for appearance before the Authority on 30.07.2021 were received back unserved due to incomplete/wrong address of the respondent. As per letter dated 06.03.2017 issued by ADTV Communication Private Limited, New Delhi to the Senior Town Planner, Gurugram for grant of occupation certification and the new address of the builder is as under:- ADTV COMMUNICATIONS PVT. LTD. REGISTERED OFFICE:- B-8, BASEMENT FLOOR, ANSAL TOWER, 38 NEHRU PLACE, NEW DELHI – 110019 MAIL ID : mail@nezindia.net (telephone No.011-47654765) Registry is directed to issue fresh notice on the said address of the respondent through post as well as through email with the direction to appear before the authority on 16.09.2021 alongwith reply. | VIJAY KUMAR GOYAL SAMIR KUMAR | View Order | 10-Aug-2021 |
| 15-Jul-2021 | PENDING | Reply not filed by the respondent. Respondent is directed to file reply within two weeks with an advance copy to the complainant. On 21.12.2020, the Authority directed to issue bailable warrants against the directors of the respondent to appear in person alongwith record of allotted unit, details regarding payment, cancellation, if any and also to submit copy of occupation certificate, deed of declaration filed subsequently and copy of application for occupation certificate alongwith annexures before the authority on 24.02.2021. Authority had also ordered to issue summons to the Manager of the Company. This complaint has been filed under section 31 of the Real Estate (Regulation and Development) Act, 2016 for violation and contravention of section 11 of the Act for not handing over possession on the due date and also requesting the authority to ensure compliance of obligations of the promoter as proviso to section 18 of the Act. In such eventuality, the Authority is of the opinion that to decide this complaint, promoter has to furnish in writing such information as has been mentioned above. The Authority in exercise of powers conferred under section 35 (2) (i) of the Act hereby orders to the respondent for discovery and production of books of account and other documents on the next date of hearing i.e. 30.07.2021 at 11.00 AM before the Authority. The Authority is further of the opinion that it is essential to summon and enforce the attendance of the directors of the company and examine them on oath regarding various facts and circumstances of this project. The bailable warrants were issued in this matter but service report is not available on the file. Meanwhile the counsel for the complainant is directed to submit documents which would give proof of the date of start of construction for grant of delayed possession charges as due date of possession is required to be ascertained which is as per clause 10 of the Flat Buyer Agreement i.e. the possession of the said flat is likely to be delivered by the company to the allottees within 36 months from the date of start of construction. In case allotment has been cancelled then also the promoter is directed to submit record relating to cancellation of the unit. In case of cancellation of unit, the respondent is directed not to further allotment be made to third party before this matter is decided by the Authority. A Local commission is also appointed to visit site and ascertain the status of construction. For this purpose, Shri Sumit Nain, Engineer Executive is appointed as a Local Commission to investigate the status of construction and investigate whether the project is registerable or not and promoter has failed to obtain registration. LC is directed to submit his report within a week. In case of violation in this regard, necessary penal proceedings be initiated against the promoter. Matter to come up on 30.07.2021 for further proceedings. | K K KHANDELWAL SAMIR KUMAR VIJAY KUMAR GOYAL | View Order | 24-Jul-2021 |
| 27-Apr-2021 | FIRST HEARING | Matter to come up on 15.07.2021 for further proceedings. | K K KHANDELWAL SAMIR KUMAR | View Order | 28-Apr-2021 |
| Date of Judgement | Party Details | Judgement Uploading Date | View Judgement |
|---|---|---|---|
| 12-Jan-2022 | G P SAVLANI V/S ADTV COMMUNICATION PVT LTD |
24-Feb-2022 |
|
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