| 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 |
|---|---|---|---|---|---|---|---|---|---|---|
| TINKI JAIN V/S SPAZE TOWERS PVT LTD |
SUKHBIR YADAV AND RAMAN YADAV | GURUGRAM | DISMISSED | NOT REQUIRED | Not Yet | FIRST HEARING | -- |
| Date of Hearing | Status | Proceedings of the day | Bench | Order | Order Uploaded On |
|---|---|---|---|---|---|
| 20-Sep-2024 | DISMISSED | Matter is dismissed as withdrawn. | RAJINDER KUMAR | View Order | 25-Sep-2024 |
| 05-Jun-2024 | PENDING | The Adjudicating officer is on leave. Adjourned to 20.09.2024 for further proceedings. | RAJINDER KUMAR | View Order | 11-Jun-2024 |
| 27-Mar-2024 | PENDING | The Adjudicating Officer is on leave. Adjourned to 05.06.2024 for further proceedings. | RAJINDER KUMAR | View Order | 03-Apr-2024 |
| 16-Jan-2024 | PENDING | File put up today, On an application filed by DH. Learned counsel for respondent submits that she has not received copy of application. No relief is claimed against the respondent. No need to supply the copy of application. Request in this regard is declined. It is submitted by learned counsel for applicant/DH that despite issuing recovery certificate, Collector, Gurugram, failed to recover decretal amount. Referring case decided by the Hon’ble High Court of Punjab & Haryana, Chandigarh, tilted as M/s International Land Developers Pvt. Ltd. Vs. Aditi Chauhan and others CWP No. 7738 of 2022, and M/s International Land Developers Pvt. Ltd. Vs. Nitin Mathur and others CWP 7750 of 2022, learned counsel requests to initiate contempt of court proceedings against the collector, Gurugram. To initiate contempt of court proceedings is discretionary power of court. Keeping in view, facts of this case, I do not think it proper to initiate any such proceedings. Request in this regard is declined. Learned counsel further requests to initiate recovery proceedings. As per mandate of the Hon’ble High Court given in above referred case, collector concerned was obliged to recover decretal amount within three months, otherwise HARERA is at liberty to take the action as per law. Considering all this, I allow this request. Learned counsel requests for direction to JD to disclose its assets/properties, which can be attached to realize decretal amount stating that his client does not know about such properties. Request is allowed. JD is directed to disclose its assets/properties including bank account which can be attached to realize decretal amount, till next date. Information be given in the form of affidavit, to be sworn by anyone from directors of JD. To come on 27.03.2024 for further proceedings. | RAJINDER KUMAR | View Order | 30-Jan-2024 |
| 07-Dec-2022 | PENDING | This is a petition, seeking execution of order dated 15.03.2022, passed by Haryana Real Estate Regulatory Authority, Gurugram. Heard on objections filed by JD. The JD has challenged jurisdiction of this forum (A.O) to execute said order/ decree, contending that as the order under execution was passed by the authority, only the latter (The authority) was competent to execute it and not the A.O. The authority delegated its powers vide resolution/order no. 9/12022 HARERA/GGM/ admin dated 16.03.2022 A.O. authorizing the latter to execute its orders/decree. As per learned counsel for JD, the authority was not competent to delegate its powers because this forum (A.O.) is not Subordinate to the Authority. I do not find much substance in this plea of the JD. Even otherwise, legality of said order is confirmed by Hon’ble High Court of Punjab and Haryana, in case titled as M/s International Land Developers Pvt. Ltd. Vs. Aditi Chauhan and others CWP No. 7738 of 2022, and M/s International Land Developers Pvt. Ltd. Vs. Nitin Mathur and others CWP 7750 of 2022. JD has also objections against calculation of amount done by the DH. It is contented by learned counsel for JD that DH was liable to pay outstanding dues against the unit, but this amount is not adjusted by the DH. It is pointed out that total sale considerations of unit in question was fixed as Rs. 85,748,6. The complainant paid a total of Rs. 77,155,90 As per JD, there remained outstanding dues against DH, amounting Rs. 8,59,266/-. (857486-7715590). JD has mis-construed the order. It is worth mentioning that through the order under execution, the authority directed respondent to pay interest at prescribed rate that is 9.30 per cent per annum ---- on amount paid by complainant from due date of possession plus six months in this way, the interest was to be calculated only on the amount which was paid by the complainant. Objection in this regard is dismissed. Another objection of JD against on the calculation done by DH, is that the authority allowed interest at rate mentioned above, from due date of possession plus six months from the date of offer of possession (01.12.2020) which comes out to be 01.02.2021. But DH is calculating interest till the date of payment, which was not allowed by the authority. I do not find any weight in this objection also. The JD/respondent was asked to make payment within 90 days from the date of order but admittedly no such payment was made by JD within 90 days of order. In such instances, DH, is right to claim interest till the date, amount is paid. Objections in this regard are also dismissed. In view of order passed by the High Court Hon’ble High Court of Punjab & Haryana, Chandigarh, in case tilted as M/s International Land Developers Pvt. Ltd. Vs. Aditi Chauhan and others CWP No. 7738 of 2022, and M/s International Land Developers Pvt. Ltd. Vs. Nitin Mathur and others CWP 7750 of 2022 for recovery of amount, recovery certificate is required to be issued to the collector concerned. let file be sent back to the authority, with a request to issue recovery certificate/further orders. To come on 10.01.2023 before authority for further proceedings. | RAJINDER KUMAR | View Order | 23-Dec-2022 |
| 14-Oct-2022 | PENDING | MATTER IS ADJOURNED. | RAJINDER KUMAR | View Order | 26-Dec-2022 |
| 04-Oct-2022 | PENDING | ORDER IS NOT READY. TO COME ON 14.10.2022 FOR ORDER. | RAJINDER KUMAR | --- | --- |
| 03-Oct-2022 | PENDING | A cheque of Rs.521570- stated to be entire amount as per calculations made by JD is handed over to learned counsel for DH. Same is accepted as part payment on behalf of DH. Certain objections have also been filed by JD. Arguments heard. To come on 04.10.2022 for order. | RAJINDER KUMAR | --- | --- |
| 30-Sep-2022 | PENDING | Learned counsel for JD requests for short adjournment stating that his client will pay the due amount of its own calculation still 4.00p.m today. Not opposed. To come on 03.10.2022 for further proceedings. | RAJINDER KUMAR | --- | --- |
| 21-Sep-2022 | FIRST HEARING | Objections filed by JD. Copy given. Arguments heard in part. To come on 30.09.2022 for remaining arguments. | RAJINDER KUMAR | --- | --- |
| Date of Judgement | Party Details | Judgement Uploading Date | View Judgement |
|---|---|---|---|
| 20-Sep-2024 | TINKI JAIN V/S SPAZE TOWERS PVT LTD |
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