| 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 |
|---|---|---|---|---|---|---|---|---|---|---|
| ANCHAL GARG AND OTHERS V/S ALMOND INFRABUILD PVT. LTD. |
ADV SHASHI KANT SHARMA | GURUGRAM | DISPOSED | NOT REQUIRED | Not Yet | FIRST HEARING IS FIXED FOR 01.09.2022 | -- |
| S No. | Complaint-ID | Complaint-Type | Status | Next Date |
|---|---|---|---|---|
| 1 | RERA-GRG-805-2024 | Execution | DISMISSED | NA |
| Date of Hearing | Status | Proceedings of the day | Bench | Order | Order Uploaded On |
|---|---|---|---|---|---|
| 04-Oct-2023 | DISPOSED | Order pronounced. The peculiar circumstances in this case the authority deems fit appropriate to direct the respondent to pay delayed possession charges alongwith interest at the prescribed rate i.e. 10.75% per annum from the due date of possession i.e. 20.03.2018 till actual handing over of possession of the allotted unit to the complainant complete in all aspects as per specifications of buyers agreement within 2 weeks from date of this order i.e. 04.10.2023, falling which non-compliance of mandated contained in section 11(4)(a) of the Act on the part of the respondent shall be established. .Detailed order will follow. Matter stands disposed off. File be consigned to the registry. | ASHOK SANGWAN | View Order | 11-Oct-2023 |
| 26-Jul-2023 | PENDING | The present complaint has been received on 07.06.2022 and the reply on behalf of the respondent was filed on 20.09.2022. On 01.12.2022, it was submitted by the complainant that despite offer of possession, the unit is not complete, the basic amenities such as doors, windows, electric wiring, sanitary items are not yet provided. The respondent on the other hand submitted that the offer has already been made on 09.08.2019. In view of said circumstance, vide proceedings of even date the respondent was directed to file detailed status of the unit along with provisions of other amenities within 15 days. Both the parties in this regard has filed photographs of the subject unit on 23.12.2022 (respondent) and 17.04.2023. To clear the position, Executive Engineer/ Local Commission was appointed vide proceedings dated 20.04.2023 with a direct to visit the site and submit his report w.r.t status of subject unit w.r.t completion report of finishing work in terms of BBA. The report of LC has been filed on record and as per said report following submissions are made:- (A) The furnishing works in the unit of complainant as per the agreed BBA is near about complete as the wardrobes, flooring, modular kitchen, plumbing and tiles in bathroom, split AC , electrical wiring, doors in the unit , window/UPVC work has been completed in the unit. (B) As per the commitment done by the respondent, they will give handover to the complainant by 17.05.2023 last. (C) The balance work such as CP and chinaware fittings, fixtures in the kitchen, final coat of paint will be done always one day before of handover only. (D) As per the condition of the unit, it will take near about 4-5 days only to complete the balance work such as paint work and wooden flooring of 2 rooms, switch socket installation, CP and chinaware fittings, fixtures in the kitchen. Succinct facts of the case as per complaint are as under: S. N. Particulars Details 1. Name of the project “ATS Tourmaline”, Sector- 109, Gurgaon 2. Nature of project Group housing project 3. DTPC License no. 250 of 2007 dated 02.11.2007 Validity status 01.11.2019 Licensed area 19.768 acres Name of licensee Raj Kiran & 2 others 4. RERA registered/not registered Registered vide registration no. 41 of 2017 dated 10.08.2017 Validity status 10.08.2023 5. Application dated 27.08.2013 [As per page no. 22 of complaint] 6. Unit no. 4061 on 6th floor of tower 04 [As per page no. 22 of complaint] 7. Unit area admeasuring 1750 sq. ft. [Super area] [As per page no. 18 of complaint] 8. Date of apartment buyer agreement 17.12.2013 [As per page no. 20 of complaint] 9. Date of Duplicate apartment buyer agreement 20.09.2014 [As per page no. 54 of complaint] As the original buyer’s agreement was mis-placed, new buyer’s agreement was executed inter-se parties. 10. Payment plan Construction linked payment plan [As per page no. 87 of complaint] 11. Total sale consideration Rs. 1,42,68,750/- [As per payment plan annexed as schedule IV on page no. 87 of complaint] 12. Amount paid by the complainant Rs. 1,49,72,563/- [As alleged by the complainant on page no. 06 of complaint] 13. Possession clause Clause 6.2 of 2nd agreement The Developer endeavour to complete the construction of the apartment within 42 months from the date of this agreement (completion date). The company will send possession notice and offer possession of the Apartment to the applicant as and when the company receives the occupation certificate from the competent authority. 14. Due date of possession 20.03.2018 [Calculated from the date of agreement i.e., 20.09.2014] 15. Occupation certificate 09.08.2019 [As per page no. 40 of reply] 16. Offer of possession 09.08.2019 [As per page no. 118 of complaint] 17. Emails dated seeking possession of the allotted unit 02.12.2020, 10.01.2021, 08.04.2021, 17.01.2022 & 17.01.2022 (As per page no. 126-130 of complaint) 18. Respondent reply to emails of the complainant 02.02.2022 (As per page no. 125 of complaint) The counsel for the respondent states that they are yet to obtain the LC report. The matter is being unnecessarily delayed. The respondent was directed to obtain the report of LC in case they so wished on 18.05.2023 and they have chosen not to do so. Matter to come up on 04.10.2023 for orders. | ASHOK SANGWAN | View Order | 07-Aug-2023 |
| 18-May-2023 | PENDING | The present complaint has been received on 07.06.2022 and the reply on behalf of the respondent was filed on 20.09.2022. On 01.12.2022, it was submitted by the complainant that despite offer of possession, the unit is not complete even the basic amenities such as doors, windows, electric wiring, sanitary items are not yet provided. The respondent on the other hand submitted that the offer has already been made on 09.08.2019. In view of said circumstance, vide proceedings of even date the respondent was directed to file detailed status of the unit along with provisions of other amenities within 15 days. Both the parties in this regard has filed photographs of the subject unit on 23.12.2022 (respondent) and 17.04.2023. To clear the position, Executive Engineer/ Local Commission was appointed vide proceedings dated 20.04.2023 with a direct to visit the site and submit his report w.r.t status of subject unit w.r.t completion report of finishing work in terms of BBA. The report of LC has been filed on record. Both the parties may obtain report of LC from the registry of the authority. Matter to come up on 26.07.2023 for further proceedings. | VIJAY KUMAR GOYAL | View Order | 08-Jun-2023 |
| 20-Apr-2023 | PENDING | The present complaint has been received on 07.06.2022 and the reply on behalf of the respondent was filed on 20.09.2022. On the last date of hearing i.e. 01.12.2022, it was submitted by the complainant that despite offer of possession, the unit is not complete even the basic amenities such as doors, windows, electric wiring, sanitary items are not yet provided. The respondent on the other hand submitted that the offer has already been made on 09.08.2019. In view of said circumstance, vide proceedings of even date the respondent was directed to file detailed status of the unit along with provisions of other amenities within 15 days. Both the parties in this regard has filed photographs of the subject unit on 23.12.2022 (respondent) and 17.04.2023. The counsel for the complainant has filed an application placing the recent photographs of the unit alongwith copies of e-mails exchanged with the respondent confirming non installation of the fixtures till now. None is present on behalf of the respondent. Although a copy of the above has been sent to the respondent. A Local commission Shri J.S.Sandhu, Executive Engineer, is hereby appointed to visit the site within one week in presence of the complainant or his representative after informing the respondent and will submit the status report of completion report all the furnishing work in terms of the specification agreed in the BBA. The respondent is also given one last opportunity to file the status of the completion of all works including finishing work within one week. Matter to come up on 18.5.2023 for further proceedings. | VIJAY KUMAR GOYAL | View Order | 27-Apr-2023 |
| 01-Dec-2022 | PENDING | The present complaint has been received on 07.06.2022 and the reply on behalf of the respondent was filed on 20.09.2022. Succinct facts of the case as per complaint are as under: S. N. Particulars Details 1. Name of the project “ATS Tourmaline”, Sector- 109, Gurgaon 2. Nature of project Group housing project 3. DTPC License no. 250 of 2007 dated 02.11.2007 Validity status 01.11.2019 Licensed area 19.768 acres Name of licensee Raj Kiran & 2 others 4. RERA registered/not registered Registered vide registration no. 41 of 2017 dated 10.08.2017 Validity status 10.08.2023 5. Application dated 27.08.2013 [As per page no. 22 of complaint] 6. Unit no. 4061 on 6th floor of tower 04 [As per page no. 22 of complaint] 7. Unit area admeasuring 1750 sq. ft. [Super area] [As per page no. 18 of complaint] 8. Date of apartment buyer agreement 17.12.2013 [As per page no. 20 of complaint] 9. Date of Duplicate apartment buyer agreement 20.09.2014 [As per page no. 54 of complaint] As the original buyer’s agreement was mis-placed, new buyer’s agreement was executed inter-se parties. 10. Payment plan Construction linked payment plan [As per page no. 87 of complaint] 11. Total sale consideration Rs. 1,42,68,750/- [As per payment plan annexed as schedule IV on page no. 87 of complaint] 12. Amount paid by the complainant Rs. 1,49,72,563/- [As alleged by the complainant on page no. 06 of complaint] 13. Possession clause Clause 6.2 of 2nd agreement The Developer endeavour to complete the construction of the apartment within 42 months from the date of this agreement (completion date). The company will send possession notice and offer possession of the Apartment to the applicant as and when the company receives the occupation certificate from the competent authority. 14. Due date of possession 20.03.2018 [Calculated from the date of agreement i.e., 20.09.2014] 15. Occupation certificate 09.08.2019 [As per page no. 40 of reply] 16. Offer of possession 09.08.2019 [As per page no. 118 of complaint] 17. Emails dated seeking possession of the allotted unit 02.12.2020, 10.01.2021, 08.04.2021, 17.01.2022 & 17.01.2022 (As per page no. 126-130 of complaint) 18. Respondent reply to emails of the complainant 02.02.2022 (As per page no. 125 of complaint) The counsel for the complainant requests for grant of delay possession charges till handing over of possession as the offer of possession earlier made on 09.08.2019 is not a valid offer of possession before the unit is still not ready and not fit for occupation as even the basic fixtures of doors, windows, electric writing, sanitary items are not yet provided. The respondent in reply is also evasive in providing the reasons for same and not able to yet specify any specific date by which the above amenities shall be completed. The proxy counsel for the respondent requests for a short adjournment for filing the detailed status of the unit alongwith provisions of other amenities within 15 days alongwith photographs in the registry of authority after supplying a copy to the counsel of the complainant. Matter to come up on 20.04.2023 for further proceedings. | VIJAY KUMAR GOYAL ASHOK SANGWAN SANJEEV KUMAR ARORA | View Order | 03-Dec-2022 |
| 01-Sep-2022 | FIRST HEARING | The present complaint was filed on 07.06.2022 and registered as complaint no. 2494 of 2022. As per the registry, complainant has sent copy of complaint along with annexures through speed post along with email. The same are shown as “Delivered” on 30.05.2022 & 06.06.2022 respectively. The tracking reports of the postal authorities and email has been submitted by the complainant on the last pages of the complaint. The registry of the authority sent a notice with a copy of the complaint along with annexures through speed post and the same is delivered on 18.06.2022. Registry has also sent the notice along with a copy of the complaint through email at following email addresses: sunilgoyals@gmail.com, compliances@atsgreens.com & sksharma9697@gmail.com The same is shown to have been delivered on 16.06.2022, on the above email addresses as per the report available in the file. Written reply has not been filed by the respondent. The counsel for the respondent put in appearance and request adjournment for filing of reply. The respondent is directed to file reply within two weeks i.e. by 15.09.2022 in the registry with a copy to the complainant. In case reply is not filed within the time allowed, the defence of the respondent may struck off. Matter to come up on 01.12.2022 for further proceedings. | K K KHANDELWAL VIJAY KUMAR GOYAL | View Order | 07-Sep-2022 |
| Date of Judgement | Party Details | Judgement Uploading Date | View Judgement |
|---|---|---|---|
| 04-Oct-2023 | ANCHAL GARG AND OTHERS V/S ALMOND INFRABUILD PVT. LTD. |
02-Nov-2023 |
|
| Dak ID | Receiving Date | Submitted By | Remarks |
|---|---|---|---|
| 56571 | 28/07/2023 | SURBHI GARG BHARADWAJ ADV | CERTIFIED COPY OF LC REPORT. |
| 64019 | 02/01/2024 | SHASHI KANT SHARMA | CERTIFIED COPY OF ORDER. |
| 34798 | 07/06/2022 | ADV SHASHI KANT SHARMA | NEW COMPLAINT |
| 51793 | 17/04/2023 | SHASHI KANT SHARMA | APP UNDER SECTION 151 OF CPC ON BEHALF OF COMPLAINANT FOR PLACING THE RECENT PHOTOGRAPHS |
| 46353 | 23/12/2022 | ADV GAURAV BHARDWAJ | APPLICATION SEEKING SUBMISSION OF PROJECT STATUS SOUGHT BY AUTHORITY |
| 41284 | 20/09/2022 | GAURAV BHARDWAJ | REPLY RECEIVED |
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