| 18-Oct-2024 |
DISPOSED |
The present
complaint was filed on 12.04.2022 and reply has been filed on 27.01.2023. The
counsel for the complainants have filed rejoinder on 01.09.2023.
S. No.
Heads
Information
1.
Name and location of the project
“Paras Irene”, Sector-70A, Gurugram, Haryana
2.
Nature of the project
Commercial Project
3.
DTCP license no. and validity status
16 of 2009 dated 01.06.2009 valid up to 28.05.2024
4.
RERA registered/ not registered and validity status
Not registered
5.
Unit no.
01, 12th A floor, N-03 - Tower
(Page no. 26
of the complaint)
6.
Unit admeasuring
2150 sq. ft.
(Page no. 26 of the complaint)
7.
Date of booking
09.05.2012
(As per page 17 of complaint)
8.
Date of allotment
09.05.2012
(As per page 17 of complaint)
9.
Date of flat buyer’s
agreement
11.01.2013
(Page 22 of
complaint)
10.
Possession
clause
3.
The seller proposes to handover the
possession of the apartment to the purchaser within a period of 42 months
with an additional grace period of 6 months from the date of execution of
this agreement or date of obtaining all licenses or approval for commencement
of construction whichever is later subject to force majeure.
(Emphasis supplied)
11.
Due date of
delivery of possession
11.01.2017
(Calculated from the date of agreement as the date of approval of
construction is not available
in fil )
12.
Total
consideration
Rs. 1,38,12,379/-
(As per demand letter dated 19.02.2016 on page 68 of complaint)
13.
Total amount
paid by the
complainants
Rs. 63,22,909/-
(As per page 68 of complaint and also as per page 6 of complaint )
14.
Occupation
Certificate
23.06.2017
(As per page 110 of reply)
15.
Demand
letters
21.05.2012,08.08.2013,15.12.2013, 03.03.2014,28.05.2014, 29.11.2014,
01.12.2015, 19.02.2016, 08.04.2016, 20.05.2016,
(As per page70-79 of reply)
16.
Pre
cancellation letter
31.08.2015
(Page 105 of reply)
17.
Cancellation
Letter
03.08.2016
(Page 75 of complaint) – on account of non-payment
On the last date
of hearing, the respondent had undertaken to supply
certain details regarding the payment of Rs.40 Lakhs through cheque which was
dishonoured and correspondence w.r.t the submission of the same. No such document has been filed till date.
The cancellation
of the unit on 03.08.2016 cannot be challenged at this belated stage and the
same would be barred by limitation.
However, the respondent has not
refunded any amount of the complainant after cancellation of the unit.
Arguments heard.
The respondent
is directed to refund the amount deposited by the complainant after deduction
of 10% amount of sale consideration alongwith interest at the prescribed rate
of interest i.e. 11.10% per annum from the date of cancellation of the unit i.e. 03.08.2016 till its
realization.
Order
pronounced.
Detailed order
will follow. Matter stands disposed off. |
ASHOK SANGWAN |
View Order |
25-Oct-2024 |
| 02-Aug-2024 |
PENDING |
Proxy
counsel for the complainant seeks short adjournment as themain arguing counsel
is not available today to argue the matter. Matter is adjourned to 18.10.2024
on the request of proxy counsel for complainant. |
SANJEEV KUMAR ARORA |
View Order |
06-Aug-2024 |
| 31-May-2024 |
PENDING |
The proxy
counsel for the complainant requests for a short adjournment as the arguing
counsel is not available today. Request is allowed.
Matter to come up on 02.08.2024 for further
proceedings. |
SANJEEV KUMAR ARORA |
View Order |
04-Jun-2024 |
| 15-Mar-2024 |
PENDING |
The present complaint was filed on 12.04.2022 and reply has been filed
on 27.01.2023. The counsel for the complainants have filed rejoinder on
01.09.2023.
The
complainants were allotted a unit in the project of respondent “Paras Irene”, in Sector 70A, Gurugram
vide allotment letter dated 09.05.2012 for a total sum of Rs. 1,34,30,858/-.
Also vide dated 11.01.2013 buyer’s agreement was executed between the parties,
the complainants started paying the amount due against the allotted unit and
paid a total sum of Rs. 63,22,909/-which is 47.07% of the sale consideration.
1.
The counsel for
the complainant is seeking refund as the due date of handing over of the
posseswion was 11.1.2017 and the complainant cannot be forced to wait
endlessly.
2.
The counsel for
the respondent staes that although the unit was cancelled in 3.8.2016 which is
at page 75 Annexure’ J’ of the complaint but further stated that the
complainant further made payment of Rs.
40 lakh on 31.10.2018 which was cheque no.044104 dated 8.8.2018 which got
bounced on 3.1.2019 and that bounce cheque/bank statement of the respondent
shall be submitted within a week in the registry of the authroity alongwith the
memo affixed on the cheque by the bankers. Further stated that she shall be
filing the correspndence w.r.t. the submission of above mentioned cheque of Rs.
40 lakh alongwith the proof of bounced cheque within one week.
3.
Part arguments
heard.
4.
Both the parties
are directed to file written submissions within a period of two weeks after
supplying a copy to each other.
5.
Matter to come up
on 31.5.2024 for final arguments. |
SANJEEV KUMAR ARORA |
View Order |
21-Mar-2024 |
| 01-Dec-2023 |
PENDING |
The present complaint was filed on 12.04.2022 and reply has been
filed on 27.01.2023. Counsel for the complainants have filed rejoinder on
01.09.2023.
The proxy
counsel for the complainant requests for a short adjournment as the arguing
counsel is not available today. Request
is allowed.
Matter to come
up on 15.03.2024 for further proceedings. |
SANJEEV KUMAR ARORA |
View Order |
11-Dec-2023 |
| 10-Nov-2023 |
PENDING |
Due to administrative exigency, the matter is adjourned to 01.12.2023
for further proceedings. |
SANJEEV KUMAR ARORA |
View Order |
16-Nov-2023 |
| 01-Sep-2023 |
PENDING |
On the last date of hearing, the proxy counsel for the
complainant stated that they want to file re-joinder to the complaint. Request
was allowed. The counsel for the complainant was directed to file
rejoinder within 2 weeks with an advance copy to the counsel for the
respondent. The rejoinder has not been filed till date.
The counsel for the complainant states that rejoinder has
been sent to the respondent through mail, however the copy of the same has not been submitted to the Authority. The
counsel for the complainant is directed to file the same in the authority today
itself.
The counsel for the respondent states that the mail
said to have been sent by the counsel for the complainant on 29.08.2023
is not yet received by the respondent. The counsel for the complainant is hereby
directed to re-send the copy of re-joinder to the reply, to the counsel for the respondent within 4
days.
Matter to come up on 10.11.2023 for further
proceedings. |
SANJEEV KUMAR ARORA |
View Order |
05-Sep-2023 |
| 28-Apr-2023 |
PENDING |
The proxy counsel
for the complainant states that they want to file rejoinder to the complaint.
Request is allowed. The counsel for the
complainant is directed to file rejoinder within 2 weeks with an advance copy
to the counsel for the respondent.
Matter to come up on
01.09.2023 for further proceedings |
SANJEEV KUMAR ARORA |
View Order |
30-May-2023 |
| 25-Jan-2023 |
PENDING |
The present complaint
has been received on 12.04.2022 and the reply has not been filed till date. On
the last date of the hearing the counsel for the respondent was directed to
file a reply within seven days. However, no reply has been filed till date.
The counsel for the
complainant states that as per proceedings dated 28.09.2022 the respondent was
obligated to file reply within one week and to pay cost of Rs.5,000/- to the complainant but the respondent has failed to do so
till now.
The counsel for the respondent has supplied a copy of reply to the counsel for the complainant
during proceedings alongwith cost of Rs.5,000/- in cash which is paid to
the counsel for the complainant and requests for a short adjournment for filing
of the reply in the registry of the authority. The respondent is directed to
file the reply within 3 days. The counsel for the respondent further states
that they were trying to amicably settle the matter but nothing could happen.
However, the counsel for the complainant denied regarding any amicable talks
and stated that they were never contacted him.
Matter to come up on 28.04.2023 for
further proceedings. |
VIJAY KUMAR GOYAL SANJEEV KUMAR ARORA |
View Order |
23-Feb-2023 |
| 28-Sep-2022 |
PENDING |
The present complaint was filed on12.04.2022and registered as complaint
No. 1591 of 2022. As per the
registry, complainant has sent copy of complaint along with annexures through
speed post as well as through email and proof regarding having 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 of which delivery was confirmed on 06.05.2022
to both the respondents as per the
tracking report of the speed post available in the file. Registry
has also sent the notice along with a copy of the complaint through email at
following email address: manishjaingp@yahoo.com
, arjun@satyalaw.com
info@parasbuildtech.com
and the
same are shown to have been delivered on the above email address as per the
report available in the file.
Written reply has not been filed by the
respondent. Ms. Priyanka Agarwal Advocate has appeared on behalf of the respondent
today and filed memo of appearance. The counsel for the respondent requests for
a adjournment for filing of the reply.
The respondent is directed to file reply within 7 days i.e. by 05.10.2022
in the registry with a copy to the complainant subject to payment of Rs.5,000/-
to be paid to the complainant. Last opportunity is being granted. In case reply
is not filed within the time allowed, the defense of the respondent may struck
off.
Matter to come up on 25.01.2023
for further proceedings. |
K K KHANDELWAL VIJAY KUMAR GOYAL |
View Order |
19-Nov-2022 |
| 24-May-2022 |
FIRST HEARING |
The present complaint was filed on 12.04.2022
and registered as complaint no. 1591 of 2022. As per the
registry, complainant has sent copy of complaint along with annexures through
speed post as well as through email and proof regarding having 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 of which delivery confirmed on 06.05.2022
as per the tracking report of the speed post available in the file. Registry has also sent the notice along with
a copy of the complaint through email at following email address: info@parasbuildtech.com and the same has
been delivered as per the report available in the file. It is presumed that service of the notice is complete.
No written reply has been filed so far. The AR of the respondent requests
for an adjournment for filing of the reply as the complaint has been received very
recently and hence, reply could not be filed. The respondent is directed to
file reply within two weeks i.e. by 07.06.2022 in the registry with a copy to
the complainant. Last opportunity is being granted. In case reply is not filed
within the time allowed, the defense of the respondent may struck off.
The matter to come up
on 28.09.2022 for further proceedings. |
K K KHANDELWAL VIJAY KUMAR GOYAL |
View Order |
08-Jul-2022 |