| 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 |
|---|---|---|---|---|---|---|---|---|---|---|
| RENU GUPTA VINEET GUPTA AND SUNIL GUPTA V/S ESSEL HOUSING PROJECTS PRIVATE LIMITED |
GARVIT GUPTA | GURUGRAM | DISPOSED | NOT REQUIRED | Not Yet | First Hearing | -- |
| Date of Hearing | Status | Proceedings of the day | Bench | Order | Order Uploaded On |
|---|---|---|---|---|---|
| 15-Nov-2023 | DISPOSED | Matter is disposed of. | ASHOK SANGWAN | View Order | 21-Nov-2023 |
| 27-Sep-2023 | RESERVED | The present complaint has been received on 29.08.2022 and the reply on behalf of the respondent no. 2 was received on 24.03.2023 and the reply on behalf of respondent no. 1 was received on 31.03. 2023. Succinct facts of the case as submitted in the complaint and reply are as under: S. N. Particulars Details 1. Name of the project “Platinum Towers” Sector 28, Gurugram, Haryana 2. Nature of the project Group housing project 3. RERA Registered/ not registered 272/2018/04 dated 16.05.52018 valid upto 31.12.2023 4 Allotment letter 27.11.2018 (Page 38 of the complaint) 5 Tripartite agreement 21.12.2018 (Page 84 of the complaint) 6. Unit no. 1002 tower no. platinum F (Page 53 of the complaint) 7. Super area 2777 sq. ft. (Page 53 of the complaint) 8 Date of flat buyer’s agreement 07.12.2018 (As per page no. 50 of the complaint) 9 Possession clause (7.1) On or before December 2021 10. Due date of possession December 2021 11. Total sale consideration Rs. 58,26,3,300/- (As per page 53 of the BBA) 12. Amount paid by the complainant Rs. 4,94,10,457/- (As alleged by the complainant) 13 Occupation certificate 04.01.2023 (Page 25 of the reply) 14. Offer of possession and payment of final instalment and other charges 04.03.2023 The counsel for the complainant states that the complainant is seeking DPC, possession and payment of pre-EMI by the respondent. So far as the pre-EMI is concerned, the counsel for the complainant states that the respondent kept paying pre-EMI three months after the due date as mentioned in the tripartite agreement with the bank dated 21.12.2018. Therefore, by admission, the builder was liable to keep paying pre-EMI till the offer of possession. He further states that demand of Rs.10 Lakhs made with the offer of possession dated 04.03.2023 is contrary to clause 9.2 of the BBA dated 07.12.2018, as no interest could have been charged due to the delay in handing over of possession. The counsel for the respondent states that admittedly there is a delay of 15 months for offer of possession. However, the delay was purely on account of force majeure circumstances beyond the control of the respondent for which he submits orders of the Hon’ble Supreme Court of India and other authorities as well as order of this authority pertaining to such delays. So far as the pre-EMI is concerned, the three pre-EMIs paid by the respondent post the date mentioned in the tripartite agreement was a gesture of good will and cannot be held against the respondent as both the parties are bound by the tripartite agreement. Arguments heard. Order reserved. Matter to come up on 15.11.2023 for pronouncement of order. | ASHOK SANGWAN | View Order | 11-Oct-2023 |
| 13-Sep-2023 | PENDING | The present complaint has been received on 29.08.2022 and the reply on behalf of the respondent no. 2 was received on 24.03.2023 and the reply on behalf of respondent no. 1 was received on 31.03. 2023. Case has been called out but no one has appeared on behalf of respondent No.2 today. Succinct facts of the case as submitted in the complaint and reply are as under: S. N. Particulars Details 1. Name of the project “Platinum Towers” Sector 28, Gurugram, Haryana 2. Nature of the project Group Housing Project 3. RERA Registered/ not registered 272/2018/04 dated 16.05.52018 valid upto 31.12.2023 4 Allotment letter 27.11.2018 (Page 38 of the complaint) 5 Tripartite agreement 21.12.2018 (Page 84 of the complaint) 6. Unit no. 1002 tower no. platinum F (Page 53 of the complaint) 7. Super area 2777 sq. ft. (Page 53 of the complaint) 8 Date of flat buyer’s agreement 07.12.2018 (As per page no. 50 of the complaint) 9 Possession clause (7.1) On or before December 2021 10. Due date of possession December 2021 11. Total sale consideration Rs. 58,26,3,300/- (As per page 53 of the BBA) 12. Amount paid by the complainant Rs. 4,94,10,457/- (As alleged by the complainant) 13 Occupation certificate 04.01.2023 (Page 25 of the reply) 14. Offer of possession and payment of final instalment and other charges 04.03.2023 The complainant is seeking amount of pre-EMIs paid by the complainant on behalf of the respondent and delayed possession charges. The counsel for the complainant states that the unit was to be handed over to the complainant in December, 2021 but offer of possession was made on 04.03.2023 and that too with unreasonable demand of Rs.10 Lakhs on account of delayed payment interest which is contrary to clause 9.2 of the BBA dated 07.12.2018 as per which the complainant had the right to stop payment in case the respondent failed to hand over possession of a habitable unit. The respondents are not handing over the possession of the unit to the complainant despite having paid more than the consideration price of the unit. The counsel for the respondent No.1 seeks a short adjournment for arguments as the main counsel is busy in addressing arguments in District Courts, Gurugram. The respondent may file written arguments in the matter within a period of 2 weeks with an advance copy to the complainant. Matter to come up on 27.09.2023 for pronouncement final arguments and orders. | ASHOK SANGWAN | View Order | 21-Sep-2023 |
| 23-Aug-2023 | PENDING | The present complaint has been received on 29.08.2022 and the reply on behalf of the respondent no. 2 was received on 24.03.2023 and the reply on behalf of respondent no. 1 was received on 31.03. 2023. The counsel for the complainant states that the complainant wishes to drop the relief being sought from respondent No.2. Allowed. The name of respondent No.2 may be deleted from the array of respondent. The counsel for respondent requests for a short adjournment as the arguing counsel is not available today. Request is allowed. Matter to come up on 13.09.2023 for further proceedings. | ASHOK SANGWAN | View Order | 05-Sep-2023 |
| 29-Mar-2023 | PENDING | The copy of reply has been supplied by the counsel for respondent No.1 to the counsel for the complainant during proceedings and seeks a short adjournment to file the reply in the registry. He is directed to file reply within one week with additional cost of Rs.5,000/- to be paid to the complainant. Reply by respondent No.2 has already been filed. Matter to come up on 23.08.2023 for further proceedings. | ASHOK SANGWAN | View Order | 10-May-2023 |
| 22-Nov-2022 | FIRST HEARING | The present complaint was filed on 29.08.2022 and registered as complaint no. 5877 of 2022. As per the registry, complainant has sent copy of complaint through speed post as well as through email and proof regarding having the delivery of the complaint made to the respondents were submitted by the complainant as available in the file. The registry of the authority also sent a notice along with a copy of the complaint through speed post. Registry has also sent the notice along with a copy of the complaint through email at the following email addresses sunil1961@hotmail.com info@suncityprojects.com loans@pnbhfl.com The same is shown to have been delivered on the above email address as per the report available in the file. It is proper service of the notice. None is present on behalf of respondent No.1. However, no reply has been received on behalf of the respondent No.1 till date. Respondent No.1 is directed to file reply within two weeks i.e., by 06.12.2022 in the registry of the authority alongwith cost of Rs.5000/- to be paid to the complainant. In case reply is not filed within the time allowed, the defence of the respondents may be struck off. Respondent no.2 has stated that he is filing reply today itself with an advance copy to the counsel for the complainant. Matter to come up on 29.03.2023 for further proceedings. | VIJAY KUMAR GOYAL ASHOK SANGWAN SANJEEV KUMAR ARORA | --- | --- |
| Date of Judgement | Party Details | Judgement Uploading Date | View Judgement |
|---|---|---|---|
| 15-Nov-2023 | RENU GUPTA VINEET GUPTA AND SUNIL GUPTA V/S ESSEL HOUSING PROJECTS PRIVATE LIMITED |
27-Dec-2023 |
|
| Dak ID | Receiving Date | Submitted By | Remarks |
|---|---|---|---|
| 60567 | 18/10/2023 | ADV SATENDER GOYAL | WRITTEN NOTES OF ARGUMENTS RES 01 |
| 41014 | 15/09/2022 | GARVIT GUPTA | APP UNDER SECTION 36 |
| 50619 | 24/03/2023 | PANKAJ | REPLY RECEIVED RESPONDENT NO 2 |
| 40124 | 29/08/2022 | GARVIT GUPTA | NEW COMPLAINT |
| 51017 | 31/03/2023 | ADV SATENDER GOYAL | REPLY RECEIVED WITH APPLICATION |
| 53258 | 15/05/2023 | GARVIT GUPTA | M.A NO 197/2023 APP UNDER SECTION 36 |
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