| 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 |
|---|---|---|---|---|---|---|---|---|---|---|
| RAJAN GUPTA AND ALKA GUPTA V/S EMAAR MGF LAND LTD. |
GARVIT GUPTA | GURUGRAM | DISPOSED | NOT REQUIRED | Not Yet | FIRST HEARING | -- |
| Date of Hearing | Status | Proceedings of the day | Bench | Order | Order Uploaded On |
|---|---|---|---|---|---|
| 21-Feb-2023 | DISPOSED | The present complaint has been received on 21.07.2022 and the reply was received on 27.10.2022. Succinct facts of the case as per complaint and reply are as under: Sr. No. Particulars Details 1. Name of the project Gurgaon Greens, Sector 102, Gurugram, Haryana 2. Project area 13.531 acres 3. Nature of the project Group housing colony 4. DTCP license no. 75 of 2012 dated 31.07.2012 Valid till 30.07.2020 Name of licensee Kamdhenu Projects Pvt. Ltd. and another C/o Emaar MGF Land Ltd. 5. HRERA registered/ not registered Registered vide no. 36(a) of 2017 dated 05.12.2017 for 95829.92 sq. mtrs. HRERA registration valid up to 31.12.2018 HRERA extension of registration vide 01 of 2019 dated 02.08.2019 Extension valid up to 31.12.2019 6. Unit no. GGN-11-0202, 2nd floor, tower no. 11 [annexure C6, page 53 of complaint] 7. Unit measuring (super area) 1650 sq. ft. 8. Provisional allotment letter dated 25.01.2013 [annexure C5, page 45 of complaint] 9. Date of execution of buyer’s agreement 26.03.2013 [annexure C6, page 51 of complaint] 10. Possession clause 14. POSSESSION (a) Time of handing over the Possession Subject to terms of this clause and barring force majeure conditions, subject to the Allottee having complied with all the terms and conditions of this Agreement, and not being in default under any of the provisions of this Agreement and compliance with all provisions, formalities, documentation etc., as prescribed by the Company, the Company proposes to hand over the possession of the Unit within 36 (Thirty Six) months from the date of start of construction, subject to timely compliance of the provisions of the Agreement by the Allottee. The Allottee agrees and understands that the Company shall be entitled to a grace period of 5 (five) months, for applying and obtaining the completion certificate/occupation certificate in respect of the Unit and/or the Project. (emphasis supplied) [annexure C6, page 60 of complaint] 11. Date of start of construction as per statement of account dated 29.06.2022 at page 83 of complaint 14.06.2013 12. Due date of possession 14.06.2016 [Note: Grace period is not included] 13. Total consideration as per statement of account dated 29.06.2022 at page 83 of complaint Rs.1,00,47,678/- 14. Total amount paid by the complainants as per statement of account dated 29.06.2022 at page 85 of complaint Rs.1,00,47,681/- 15. Occupation certificate 30.05.2019 [annexure R10, page 151 of reply] 16. Offer of possession 20.06.2019 [annexure R11, page 154 of reply] 17. Unit handover letter dated 18.11.2019 [annexure R14A, page 166 of reply] 18. Conveyance deed executed on 17.12.2019 [annexure R15, page 170 of reply] 19. Delay compensation already paid by the respondent for delay in handing over possession Rs. 9,66,183/- [Rs.6,44,122/- (As per settlement agreement dated 25.09.2019) + 3,86,473/- (As per letter of offer of possession)] 20. Settlement agreement executed between the complainants and the respondent on 25.09.2019 [annexure R12, page 159 of reply] 21. The complaint bearing no. 3230 of 2017 was filed by the allottee complainants before Hon’ble NCDRC, New Delhi and the same was disposed of in the terms of settlement agreement dated 25.09.2019 on 01.11.2019 [annexure R13, page 165 of reply] The counsel for the complainant states that settlement agreement was signed between the complainant and the respondent and in pursuance of which an amount of Rs.9,66,183/- was also received and the settlement was taken on record before NCDRC in CR No.3230 of 2017 and the said complaint was disposed off by Hon’ble NCDRC vide order dated 01.11.2019 in terms of settlement agreement dated 25.09.2019. However, the respondent promoter is demanding extra charges at the time of handing over of possession which are not part of BBA and were not part of complaint before NCDRC and is thus, seeking the relief as has been granted by the authority in CR No.4031 of 2019. The counsel for the respondent states that all the dues demanded are part of offer of possession which was made on 20.06.19 after obtaining OC from the competent authority and much prior to the above settlement agreement reached between the parties before NCDRC and the order of NCDRC had been passed in terms of above settlement agreement and hence, the above complaint is not maintainable before this authority. More over the complainant has approached this authority by filing above complaint almost 3 years after execution of conveyance deed as well as amicable settlement reached between the parties without any external influence and conditions of above settlement cannot be agitated at this stage as has been held before Hon’ble Supreme Court in SLP No. 9758 of 2022. Arguments heard. The authority of the considered vide that the present complaint is not maintainable. Detailed order will follow. Matter stands disposed off. File be consigned to the registry. | VIJAY KUMAR GOYAL ASHOK SANGWAN SANJEEV KUMAR ARORA | View Order | 28-Feb-2023 |
| 27-Oct-2022 | FIRST HEARING | The present complaint was filed on 21.07.2022 and registered as complaint No. 4837 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 01.08.2022 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: coordination@emaar-india.com and the same is shown to has been delivered on the above email address as per the report available in the file. It is proper service of the notice. The counsel for the complainant states at bar that copy of reply has been handed over by the counsel for the respondent during proceedings. Counsel for the respondent states that he is filing the reply in the registry today itself. Respondent is directed to file reply within one week i.e. by 03.11.2022 in the registry. 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 21.2.2023. for further proceedings. | VIJAY KUMAR GOYAL ASHOK SANGWAN SANJEEV KUMAR ARORA | View Order | 09-Nov-2022 |
| Date of Judgement | Party Details | Judgement Uploading Date | View Judgement |
|---|---|---|---|
| 21-Feb-2023 | RAJAN GUPTA AND ALKA GUPTA V/S EMAAR MGF LAND LTD. |
22-Mar-2023 |
|
| Dak ID | Receiving Date | Submitted By | Remarks |
|---|---|---|---|
| 38319 | 21/07/2022 | ADV GARVIT GUPTA | NEW COMPLAINT |
| 43181 | 27/10/2022 | JK DANG | REPLY RECEIVED |
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