11-Apr-2023 |
DISPOSED |
The present
complaint has been filed on 25.02.2022 and the reply on behalf of the
respondent was received on 25.05.2022.
The
counsel for the complainant states that although offer of possession was made
on 24.01.2019 after obtaining occupation certificate from DTCP on 15.01.2019
but there has been email exchange informing that the unit is not complete. However,
the counsel for the respondent bring out that
the said mail is of a different unit i.e. TC-1504 while the unit of the
allottee is 1005.
The
counsel for the respondent states that as per statement of account at page 83
of the reply, a credit of Rs.2,29,402/- has been given to the complainant allottee and
the same is required to be adjusted/deducted from the DPC amount if so allowed
by the authority.
Therefore
the DPC are allowed from the due date of possession i.e. 06.09.2017 till
24.03.2019 i.e. offer of possession plus two months at the prescribed rate of
interest i.e. 10.70% per annum and the amount already credited be adjusted in
the above amount. The possession of the
unit has already been handed over and the conveyance deed be executed in next
two months after payment of stamp duty charges by the complainant allottee.
The
complaint stands disposed off. Detailed order will follow. File be consigned to
the registry. |
VIJAY KUMAR GOYAL SANJEEV KUMAR ARORA |
View Order |
13-Apr-2023 |
25-Jan-2023 |
PENDING |
The present
complaint has been filed on 25.02.2022 and the reply was received on 25.05.2022
Succinct facts of the
case as per complaint and reply are as under:
Sr.
No.
Particulars
Details
Name of the
project
‘Paras Dews’,
Sector -106, Gurugram
1.
Unit no.
05, 10th
floor, Tower-C
2.
Unit
admeasuring
1760
Sq. ft.
3.
Allotment
letter
10.01.2013
(Page no. 85 of
the complaint)
4.
Date of
execution of builder buyer agreement
23.04.2013
(Page no. 53 of
complaint)
5.
Possession
clause
Clause 3.1: Proposes to handover the possession
of apartment to purchaser within a period of 42 months with addition of 6
months from the date execution of BBA or obtaining the license or approvals
for commencement of construction whichever is later, subject to force majeure
grace period 90 days.
6.
Environment
clearance
06.09.2013
7.
Due date of
delivery of possession
06.09.2017
(Calculated
from the date of environment clearance)
8.
Total sale
consideration
Rs. 1,18,20,135/-
(As per page
no. 83 of reply)
9.
Total amount
paid by the
complainant
Rs. 1,17,55,424/-
(Alleged by the
complainant)
10.
Occupation
Certificate
15.01.2019
(Page no. 74 of
reply)
11.
Offer of
possession
24.01.2019
(Page no. 104
of complaint)
12.
Possession
certificate
18.10.2020
(Page no. 77 of
reply)
Part
arguments heard.
Both
the counsels for the parties are directed to file written submissions, if they
wish, within 2 weeks with an advance copy to each other.
Matter
to come up on 11.04.2023 for final
arguments before the full
bench. |
VIJAY KUMAR GOYAL SANJEEV KUMAR ARORA |
View Order |
08-Feb-2023 |
28-Sep-2022 |
PENDING |
Due to paucity of time, matter could not be heard.
Matter to come up
on 25.01.2023 for further proceedings. |
K K KHANDELWAL VIJAY KUMAR GOYAL |
View Order |
06-Oct-2022 |
19-Aug-2022 |
PENDING |
File taken up today
as 19.08.2022 has been declared a
holiday on the occasion of Janmashtami and as such, the matter is adjourned to
28.09.2022 for the purpose as already fixed. |
K K KHANDELWAL VIJAY KUMAR GOYAL |
--- |
--- |
25-May-2022 |
PENDING |
The present complaint was filed on 25.02.2022 and
registered as complaint no. 694 of 2022. As per the registry, complainant has
sent copy of complaint through speed post as well as through email and proof
regarding having the delivery of the complaint made to the respondent is
submitted by the complainants as available in the file. The registry of the
authority sent a notice along with a copy of the complaint through speed post
of which delivery confirmed on 14.03.2022 as per
the tracking reports of the speed post available in the file. Registry has also
sent the notice along with a copy of complaint through email on the following
email address i.e., vkesarwani727@gmail.com , legal@parasbuildtech.com kuldeepkohli@kohlilegal.com and the same is shown to have delivered on the
above email address as per the report available in the file. It is proper
service of the notice.
Written
reply not filed by the respondent. The counsel
for the respondent requests for an adjournment for filing of the reply in the registry of the authority as soft copy
of the reply has already been supplied through email to the counsel for the
complainant and a hard copy will also be served before filing in the authority within
two days. In case reply is
not filed within the time allowed, the defense of the respondent may struck
off.
Matter to come up on 19.08.2022 for
further proceedings. |
K K KHANDELWAL VIJAY KUMAR GOYAL |
View Order |
01-Jun-2022 |
22-Mar-2022 |
FIRST HEARING |
The Authority has to attend the meeting at Chandigarh so
the matter is adjourned to 25.05.2022 for the purpose already fixed. |
K K KHANDELWAL VIJAY KUMAR GOYAL |
View Order |
24-Mar-2022 |