| 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 |
|---|---|---|---|---|---|---|---|---|---|---|
| RISHAB ROHIT JAIN AND ANR V/S VATIKA LTD |
ABHIJEET GUPTA | GURUGRAM | DISPOSED | NOT REQUIRED | Not Yet | First Hearing | -- |
| S No. | Complaint-ID | Complaint-Type | Status | Next Date |
|---|---|---|---|---|
| 1 | RERA-GRG-3157-2023 | Execution | PENDING | 26-Aug-2025 |
| Date of Hearing | Status | Proceedings of the day | Bench | Order | Order Uploaded On |
|---|---|---|---|---|---|
| 10-May-2023 | DISPOSED | Matter is Disposed off. | ASHOK SANGWAN | View Order | 09-Jun-2023 |
| 02-May-2023 | PENDING | The counsel for the respondent has stated at bar that they have not received the copy of application for rectification. The counsel for the applicant is directed to supply the copy of said application to the respondent within 3 days. The counsel for the respondent is directed to file response to the above said application within next two days. Matter to come up on 10.05.2023 for further proceedings. | ASHOK SANGWAN SANJEEV KUMAR ARORA | --- | --- |
| 28-Oct-2022 | RE-OPEN/PENDING | RE-OPENED | VIJAY KUMAR GOYAL ASHOK SANGWAN SANJEEV KUMAR ARORA | View Order | 02-Dec-2022 |
| 19-Oct-2022 | PENDING | Vide Resolution No. 639 dated 19.10.2022 District Bar Association Gurugram intimated that today i.e. 19.10.2022 the work shall remain suspended due to Diwali Festival and in view of the call given by Bar Council of Punjab and Haryana to suspend work in protest of raids conducted by NIA in an illegal manner at the place of Advocates of Chandigarh, Gurugram and Bhatinda. Matter to come up on 28.10.2022 for further proceedings. | K K KHANDELWAL VIJAY KUMAR GOYAL ASHOK SANGWAN SANJEEV KUMAR ARORA | View Order | 20-Oct-2022 |
| 30-Aug-2022 | PENDING | Vide order dated 12.08.2022, the authority appointed Shri Ramesh Kumar, Enquiry Officer of the authority to enquire into the affairs of the promoter regarding the project and to give his report. The project seems to be abandoned one as neither any progress w.r.t. the same has been received nor there is anything on the record to show the construction being carried out at the spot by the promoter. The project was launched by the respondent after obtaining a license in this regard from DTCP, Haryana vide license No. 91 of 2013 dated 26.10.2013. The allotment of the unit was made in favour of the allottees and the due date for completion of the project was fixed upto the validity of registration which comes to the year 2025. More than about 9 years from the date of the booking of the units have already expired. There is no hope that construction of the project is likely to be completed by the target date. It is unlikely that the project having number of units with multiple stories is likely to be completed within a short span leading to an inference to project being abandoned. The Enquiry Officer Shri Ramesh Kumar retired DSP appointed during the last hearing to enquire about the above project has submitted a preliminary enquiry report which is taken on record. The counsel for both the parties request for supply of its copy, accordingly a copy be supplied to both the counsels for the parties today itself. Further, the respondent is directed to submit a proposal for payment of refund to be made in the above project as there no possibility of its completion in the foreseen able future inspite of a lapse of more than 9 years since allotment of the units of above project. The respondent No.2 is a financial institution who has extended loans to the allottees and shall submit the list of the loan amount as well as outstanding dues in respect of concerned allottees, which are to be considered while making refund to allottees by the promoter-respondent. Matter to come up on 19.10.2022 for further proceedings. | K K KHANDELWAL VIJAY KUMAR GOYAL | View Order | 08-Sep-2022 |
| 12-Aug-2022 | PENDING | It was brought to the notice of the authority that on the site, work stands still from many years as per submission of counsel for the complainant. He also requested that authority may initiate enquiry into the affairs of the promoter of this project under section 35 of the Act 2016. The authority decided to appoint Shri Ramesh Kumar Enquiry Officer of the authority to enquire into the affairs of the promoter regarding this project. The Enquiry Officer shall also report about the compliance of the obligations by the promoter regarding project and more specifically regarding having 70% of the total amount collected from the allottee of this project minus the proportionate land cost and construction cost whether deposited in the separate RERA account as per the requirement of the Act 2016 and Rules, 2017. Further, the counsel for the complainant made a request that account of the project shall be freezed so that in case authority decides to allow refund due to discontinuation of the project or the project stands still or no further progress even after lapse of reasonable period after entering into BBA (as no due date of possession has been mentioned and keeping in view the judgment passed by the Hon’ble Supreme Court in case titled as Fortune Infrastructure and Ors. Versus Trevor D’Lima and Ors (12.03.2018) this period for delivery of possession may be taken as 3 years) to safeguard the interest of the allottee. The authority for the purpose of discharging its function under the provisions of this Act or Rules or regulation made thereunder hereby directs the promoter to submit report of the status on the project alongwith:- 1. Interim RERA Panchkula issued a registration certificate for the above project being developed by M/s Vatika Limited in the form REP-III as prescribed in the Haryana Real Estate (Regulation and Development) Rules, 2017 vide registration no. 213 of 2017 on 15.09.2017 valid upto 15.09.2025 under section 5 of the Act ibid. But inspite of lapse of more than 4 years since grant of registration, It was alleged by the counsel of complainant that there is no physical work progress at site except for some digging work and appears to be abandoned project. No quarterly progress report is being filed by the promoter giving the status of work progress required under section 11 of the Act, 2016. 2. The license no. 91 of 2013 granted by DTCP has expired on 26.10.2017 and the same is not yet renewed/revived, while BBA has been signed declaring the validity of license. It becomes amply clear that the promoter is not only defaulting/omitting in discharge of its obligations under the Real Estate (Regulation and Development) Act, 2016 but at the same time, violating the provisions of the Haryana Development and Regulation of Urban Area, Act 1975 also. 3. The authority directs the respondent to furnish the details of bank account along with the statements of all the accounts associated with these promoters. 4. In order to safeguard the interest of the allottees and keeping in view the above facts, the authority exercising its power under section 36 of the Act, directs the promoter’s M/s Vatika limited to stop operations from bank accounts of the above project namely “Turning Point”. 5. Therefore, the banks are directed to freeze the accounts associated with the above-mentioned promoters in order to restrict the promoter from further withdrawal from the accounts till further order. The Enquiry Officer shall also report on the above issues. The authority is satisfied that an act in contravention of this Act or the Rules and Regulation made thereunder has been committed and continues to be committed as the promoter has failed to deliver possession on the due date, the BBA having been entered at variance with the model BBA as provided in the Haryana Rules of 2017, no quarterly progress reports having been filed, no annual statement of audit of the project accounts submitted with the authority etc. the authority hereby orders to restrain the promoter from withdrawing any fund from the project account or from the accounts wherever the money collected from the allottee has been deposited in violation of provisions of the Act in any account except the master account, RERA account or free account and authority considers it necessary to issue such directions in the interest of the allottee. The proxy counsel present on behalf of the respondent was asked to immediately convey the directions of the authority to the promoter and the concerned bank branches. The Enquiry Officer to submit his report within 10 days i.e., by 22.08.2022. The promoter is directed to make available books of accounts and other relevant documents required for enquiry before the Enquiry Officer on 17.08.2022 at 11.00 AM in the office of the authority. The company Secretary and Chief Financial Officer and the officer responsible for day-to-day affairs of the project also to appear before the Enquiry Officer who is conducting enquiry on behalf of the authority and summons in this regard be issued to them exercising powers of the Civil Court under the Code of Civil Procedure 1908 read with section 35 (2) of the Act, 2016. The concerned officers are also directed to bring along the record of allotment and status of the project. The Enquiry Officer shall be assisted by Shri. Shashank Sharma, Engineer Executive. The registry is directed to do the needful immediately. The counsel for the complainant also alleged that at the time of entering into BBA, the allottees were wrongly informed about having a valid license from the DTCP on the date of signing BBA. The counsel for the complainant was asked to submit his written submission as why he is seeking full refund in spite of due date not yet lapsed. Matter to come up on 30.08.2022 for further proceedings. | K K KHANDELWAL VIJAY KUMAR GOYAL | --- | --- |
| 28-Jan-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. Reader is directed to send the file immediately. | RAJINDER KUMAR | --- | --- |
| 19-Jan-2022 | PENDING | Counsel for complainant requests to transfer this matter to the Authority 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 Apex Court. Allowed. Parties are directed to appear before the Authority on 28.01.2022 for further proceedings. File be sent to the Authority, before said date. | RAJINDER KUMAR | View Order | 25-Jan-2022 |
| 18-Nov-2021 | PENDING | Counsel for respondent requests for short adjournment stating that main counsel has gone to Faridabad Court. Not opposed. Allowed. To come on 19.01.2022 for further proceedings. | RAJINDER KUMAR | View Order | 11-Jan-2022 |
| 14-Sep-2021 | PENDING | Due to paucity of time, arguments could not be heard. 2. To come on 18.11.2021 for arguments. | RAJINDER KUMAR | View Order | 20-Sep-2021 |
| 26-Jul-2021 | PENDING | Some documents filed by learned counsel for complainant. Copy given to the learned counsel for respondent who seeks time to file reply /arguments. Written reply on behalf of respondent No.2 filed, copy given. 2. To come on 14.09.2021 for arguments. | RAJINDER KUMAR | View Order | 29-Jul-2021 |
| 06-Jul-2021 | PENDING | Written reply is stated to have been filed on behalf of respondent No.1 and the learned counsel for the complainant admits to have received a copy of the same. 2. To come on 26.07.2021 for consideration on interim relief sought by the complainant. | RAJINDER KUMAR | View Order | 08-Jul-2021 |
| 25-Mar-2021 | FIRST HEARING | In pursuance to notice, the respondent put in appearance through their respective counsel. 2. Written reply is not ready. A date is requested. Adjournment though opposed but is granted. Let the same be filed 3 weeks prior to the date fixed with a copy to the other side and the matter be put up 06.07.2021 for arguments. 3. It is pleaded on behalf of the complainant that on the basis of tripartite agreement, the respondent-builder promised assured rent till possession and even offered rental accommodation. Though for some time, rent of that accommodation was being given by the respondent-builder but it is going to stop to pay the same putting the complainant in an awkward position. So, till possession of the allotted accommodation is offered to the allottee, the respondent-builder be restrained from using any coercive methods to evict from the rented accommodation by relying upon the ratio of law laid down in cases of Fortune Infrastructure and Another Vs. Trevor D’lima and Others 2018 5 Supreme Court cases 442, Bikram Chatterji and Others Vs. Union of India and Others(2019) 19 Supreme Court Cases 161 and Imperia Structures Ltd. Vs. Anil Patni & Ors. MANU/SC/0811/2020. There is no dispute about the ratio of law laid down in these cases but admittedly the due date of handing over possession of the allotted unit has not yet expired. Though there may be breach of contract entered into between the parties but it is a question of fact and law as to whether the respondent-builder is liable to the allottee till possession of the allotted unit. That fact can only be determined when the pleadings of the parties are complete and not otherwise. As already detailed above, written statements by respondents yet to be filed and without waiting for their response, no interim directions can be issued. | SUBHASH CHAND GOYAL | View Order | 01-Apr-2021 |
| Date of Judgement | Party Details | Judgement Uploading Date | View Judgement |
|---|---|---|---|
| 10-May-2023 | RISHAB ROHIT JAIN AND ANR V/S VATIKA LTD |
05-Dec-2023 |
|
| 28-Oct-2022 | RISHAB ROHIT JAIN AND ANR V/S VATIKA LTD |
05-Jan-2023 |
|
| Dak ID | Receiving Date | Submitted By | Remarks |
|---|---|---|---|
| 15101 | 28/01/2021 | ABHIJEET GUPTA | NEW COMPLAINT |
| 20099 | 25/06/2021 | PANKAJ | REPLY RECEIVED |
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