| 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 |
|---|---|---|---|---|---|---|---|---|---|---|
| GEETA RANA V/S REVITAL REALITY PVT LTD |
JAGDEEP KUMAR | OUTSIDE HARYANA | SINE DIE | NA | Not Yet | FIRST HEARING | -- |
| Date of Hearing | Status | Proceedings of the day | Bench | Order | Order Uploaded On |
|---|---|---|---|---|---|
| 26-Mar-2025 | SINE DIE | Matter is adjourned sine die. | RAJINDER KUMAR | View Order | 01-Apr-2025 |
| 29-Oct-2024 | PENDING | Matter is adjourned to 26.03.2025. | RAJINDER KUMAR | View Order | 06-Nov-2024 |
| 29-Jul-2024 | PENDING | Matter is adjourned to 29.10.2024. | RAJINDER KUMAR | View Order | 02-Aug-2024 |
| 08-Jan-2024 | RE-OPEN/PENDING | RE-OPENED | RAJINDER KUMAR | View Order | 10-Jan-2024 |
| 04-Dec-2023 | PENDING | Matter is adjourned to 08.01.2024. | RAJINDER KUMAR | View Order | 27-Dec-2023 |
| 09-Oct-2023 | PENDING | Matter is adjourned to 04.12.2023. | RAJINDER KUMAR | View Order | 13-Oct-2023 |
| 25-Sep-2023 | PENDING | Matter is adjourned to 09.10.2023. | RAJINDER KUMAR | View Order | 10-Oct-2023 |
| 27-Jul-2023 | PENDING | Matter is adjourned to 25.09.2023. | RAJINDER KUMAR | View Order | 17-Aug-2023 |
| 05-May-2023 | PENDING | None for DH/complainant. Issue notice to DH/complainant for next date. To come on 27.07.2023 for further proceedings. | RAJINDER KUMAR | View Order | 11-May-2023 |
| 28-Mar-2023 | PENDING | As per learned counsel for JD, his client has already made full and final payment to the DH. None is appearing on behalf of DH. Issue notice to the DH/complainant for next date. To come on 05.05.2023 for further proceedings. | RAJINDER KUMAR | View Order | 05-Apr-2023 |
| 13-Dec-2022 | PENDING | Four cheques total amounting Rs. 4,79,625/- stated to be entire amount against his client are handed over by learned counsel for JD to counsel for DH. The latter accepts the same as part payment. According to him, certain more amounts remain due against JD. To come on 28.03.2023 for further proceedings. | RAJINDER KUMAR | View Order | 22-Dec-2022 |
| 18-Oct-2022 | PENDING | Directors of JD were asked to appear in person before this forum for their oral examination about assets/properties of JD. None is present despite service upon Shri Mohit Arora and Komal Saxena. Learned counsel for DH requests to send directors of JD to civil imprisonment for not complying with order of this forum. Issue show cause notice to directors of JD as why they be not committed to civil imprisonment for not complying with order of this forum. Reply, if any, be filed till next date. To come on 13.12.2022 for further proceedings. | RAJINDER KUMAR | View Order | 24-Feb-2023 |
| 25-Aug-2022 | PENDING | Heard on an objection filed by the respondent/JD against decree under execution. It is submitted by learned counsel for Objector/JD that order under execution was passed by Adjudicating Officer, who had no jurisdiction to decide matters of refund. It was Haryana Real Estate Regulatory Authority, Gurugram, which was empowered to decide cases of refund. A decree passed without jurisdiction is nullity and this issue can be raised at any stage, even during execution. Learned counsel for Objector/JD explained that Haryana Real Estate Appellate Tribunal, Chandigarh( in brief Appellate Tribunal) while deciding a case titled as Sameer Mahawar Vs MG Housing Pvt Ltd. concluded that the learned Authority had no jurisdiction to adjudicate upon the issue regarding refund. Same directed that the complaints filed by the allottees seeking refund should be transferred to the Court of Adjudicating Officer. All such cases were thus transferred to the Adjudicating Officer, for disposal but the State of Haryana notified Haryana Real Estate(Regulation and Development) Amendment Rules, 2019 on 12.09.2019. Through Rules 28 & 29, the learned Authority was given the jurisdiction to entertain and adjudicate complaints seeking relief of refund. Validity of these rules was confirmed by the High Court of Punjab and Haryana at Chandigarh in case titled as Experion Developers Pvt Ltd. Vs State of Haryana & Ors. In this way, as per learned counsel only the Authority was empowered to try and entertain cases for refund and not the Adjudicating Officer. As per learned counsel for decree holder, this forum was fully competent to decide the cases of refund after findings giving by the Appellate Tribunal in case referred above. Order passed by our own High Court in Experion Developer‘s case(supra) was stayed by the Apex Court and directions were given by Appellate Tribunal in Sameer Mahawar case were still binding. There is no quarrel on the issue that plea of nullity of an order can be taken at any stage, even during execution proceedings. It is not denied that order passed by our own High Court was stayed by Apex Court, though matter has been finally decided now. As discussed earlier, before findings given by Hon’ble High Court in Experion Developer’s case(supra), cases of refund were used to be dealt by Adjudicating Officer and order of High Court was stayed by the Apex court. During this period of stay, till matter is decided by Apex court i.e. Newtech Promoters & Developers Pvt Ltd. Vs State of U P Etc in Civil Appeals No.6745-6749 f 2021, all such cases of refund were decided by Adjudicating Officer. Order under execution was also passed during this period. In this way, I find weight in the plea of learned counsel for decree holder stating that this forum i.e. Adjudicating Officer was fully competent to try and entertain the case, in which order under execution was passed. I find no merit in objections raised by counsel for JD, about jurisdiction of this forum. Objections are thus dismissed. Let directors of JD be called in person before this forum for their oral examination about assets/properties of JD including details of bank accounts worth attachment. To come on 18.10.2022 for further proceedings. | RAJINDER KUMAR | View Order | 24-Feb-2023 |
| 07-Jul-2022 | FIRST HEARING | Adjudicating Officer is on leave. Adjourned to 25.08.2022. | RAJINDER KUMAR | View Order | 24-Feb-2023 |
| Date of Judgement | Party Details | Judgement Uploading Date | View Judgement |
|---|---|---|---|
| 08-Jan-2024 | GEETA RANA V/S REVITAL REALITY PVT LTD |
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