| 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 |
|---|---|---|---|---|---|---|---|---|---|---|
| VIKAS KAPOOR V/S RAMPRASTHA PROMOTERS AND DEVELOPERS PVT LTD |
SANJEEV SHARMA | GURUGRAM | DISPOSED | NOT REQUIRED | Yes | 10-Oct-2022 | EH337369239IN | FIRST NOTICE | FIRST HEARING DATED 25.01.2023 |
| Notice Number | Remarks | Dispatching Date | Dispatch Id | View Notice |
|---|---|---|---|---|
| First Notice | FIRST NOTICE | 10-Oct-2022 | EH337369239IN |
| S No. | Complaint-ID | Complaint-Type | Status | Next Date |
|---|---|---|---|---|
| 1 | RERA-GRG-1243-2024 | Execution | PENDING | 16-Jul-2025 |
| Date of Hearing | Status | Proceedings of the day | Bench | Order | Order Uploaded On |
|---|---|---|---|---|---|
| 08-Nov-2023 | DISPOSED | Order pronounced. The respondent is directed to hand over possession of the subject plot and to pay interest to the complainant against the paid-up amount of Rs.82,50,000/- at the prescribed rate of interest i.e. 10.75% per annum for every month of delay from the due date of possession i.e., 22.01.2018 till offer of possession plus two months after obtaining completion certificate/part completion certificate from the competent authority or actual handing over of possession, whichever is earlier, as per section 18 (1) of the Act of 2016 read with rule 15 of the rules. Detailed order will follow. Matter stands disposed off. File be consigned to the registry. | ASHOK SANGWAN | View Order | 09-Nov-2023 |
| 11-Oct-2023 | RESERVED | The present complaint was filed on 30.09.2022 and the reply on behalf of respondent was received on 25.01.2023. Succinct facts of the case as per pleadings and annexures are as under: S. N. Particulars Details 1. Name of the project “Ramprastha City”, Sectors 37C and 37D, Gurugram, Haryana 2. Project area 105.402 acres 3. Nature of the project Residential Colony 4. DTCP license no. and validity status 128 of 2012 dated 28.12.2012 valid upto 06.04.2025 5. Name of licensee KNS Nirman 6. RERA Registered/ not registered Not registered 7. plot no. Nursing home plot falling on 60-meter-wide road (Page no. 18 of the complaint) 8. Unit area admeasuring 1195 sq. Yds. (approx. 0.25 acres) (Page no. 23 of the complaint) 9. Memorandum of understating 22.01.2015 (Page no. 24 of the complaint) 10. Addendum to Memorandum of understating 05.10.2018 (Page no. 23 of the complaint) 11. Date of execution of plot buyer’s agreement N. A 12. Possession clause 4. That for Clause 3 (3.1) pertaining to time of handing over the possession and penalty, the following clause mentioned herein under shall substitute the one written in the MOU. “Subject to terms in clause and subject to the allottee having complied with all the terms and condition of this agreement and the application and not being in default under any of the provisions of this agreement and compliances with all provisions, documentation etc. as prescribed by the RAMPRASTHA, RAMPRASTHA proposed to hand over the possession of the LAND from one year of the finalization of alignment of the 60-meter road by Huda sector. The allottee agrees and understands that RAMPRASTHA shall be entitled to a grace period of One hundred and twenty (120) days, for applying and obtaining the ALL/ANY certificates required.” 13. Due date of possession 22.01.2018 (calculated from the date of MOU) [Calculated as per Fortune Infrastructure and Ors. vs. Trevor D'Lima and Ors. (12.03.2018 - SC); MANU/SC/0253/2018] 14. Basic price of the plot Rs.89,62,500/- [As per memorandum of understating at page no. 19 of the complaint] 15. Amount paid by the complainant Rs.82,50,000/- [As per submitted by complainant page no. 6 of the complaint and the same was admittedly by the respondent in his reply] 16. Occupation certificate /Completion certificate Not received 17. Offer of possession Not offered The counsel for the respondent states that demarcation approval of the project is pending with the DTCP and possession of the site will be handed over to the complainant after receipt of occupation certificate. The counsel for the complainant states that possession may be handed over on demarcation. Arguments heard. Order reserved. Matter to come up on 08.11.2023 for pronouncement of order. | ASHOK SANGWAN | View Order | 17-Oct-2023 |
| 29-Aug-2023 | PENDING | The present complaint was filed on 30.09.2022 and the reply on behalf of respondent was received on 25.01.2023. Vide order dated 26.04.2023, the respondent was directed to file specific date by which the possession of the allotted unit shall be delivered to the complainant and which date conveyance deed shall be executed. Till date no document has been filed by the respondent. During hearing on 17.05.2023, the respondent has submitted a copy of the letter dated 12.04.2023 from DTCP Haryana wherein a direction has been given for inviting objections from each existing allottee regarding the said amendment in the layout plan for which the allottees were to be granted 30 days time to submit objections. The notice was published on 19.04.2023 and 30 days shall expire on 18.05.2023. In case any objections are received, then the same would be decided within a period of 90 days. The counsel for the complainant submitted that two sites for nursing home have been demarcated in the revised layout plan and the site allotted to the complainant for an area of 1195 sq. yards exists in the same. The same may be handed over to the complainant. Now the complainant has moved an application dated 12.07.2023 for preponement of hearing. The counsel for the respondent requests for a short adjournment as the case was otherwise fixed for 11.10.2023 which on the application of the complainant has been preponed for today. The counsel for the respondent to seek instructions from the respondent company regarding the finalization of revised layout plan. The counsel for the complainant requests that despite having paid the total sale consideration money, the possession of the unit is being delayed on the one pretext or the other while no revision on the layout plan can be made without the consent and no consent by the complainant-allottee pertaining to the revision has been given although the promoter has sought NOC w.r.t. above revisions and no specific objections against the proposed revision has been given and even as per the above public notice, revision of the above layout was to be finalized within a period of one month. One last opportunity is given for argument. Matter to come up on 11.10.2023 for further proceedings. | VIJAY KUMAR GOYAL ASHOK SANGWAN | View Order | 14-Sep-2023 |
| 17-May-2023 | PENDING | The present complaint was filed on 30.09.2022 and the reply on behalf of respondent was received on 25.01.2023. On the last date of hearing i.e., 26.04.2023, the respondent was directed to file specific date by which the possession of the allotted unit shall be delivered to the complainant and which date conveyance deed shall be executed. Till date no document has been filed by the respondent. Today the respondent has submitted a copy of the letter dated 12.04.2023 from DTCP Haryana wherein a direction has been given for inviting objections from each existing allottee regarding the said amendment in the layout plan for which the allottees were to be granted 30 days time to submit objections. The notice was published on 19.04.2023 and 30 days shall expire on 18.05.2023. In case any objections are received, then the same would be decided within a period of 90 days. The counsel for the complainant states that two sites for nursing home have been demarcated in the revised layout plan and the site allotted to the complainant for an area of 1195 sq. yards exists in the same. The same may be handed over to the complainant. Matter to come up on 11.10.2023 for further proceedings. | ASHOK SANGWAN | View Order | 09-Jun-2023 |
| 26-Apr-2023 | PENDING | The counsel for the respondent has submitted the copy of the approved revised layout plan dated 09.02.2023. The complainant may study the revised plan and make submissions, if required before the next date of hearing. The respondent is directed to file specific date by which the possession of the allotted unit shall be delivered to the complainant and date by which the conveyance deed shall be executed within a period of 2 weeks. Matter to come up on 17.05.2023 for further proceedings. | ASHOK SANGWAN | View Order | 04-May-2023 |
| 12-Apr-2023 | PENDING | Despite directions, no layout plan/revised layout plan has been submitted by the respondent even after more than a month since the last hearing. The counsel for the respondent states that the revised layout plan is yet to be approved by the competent authority. The respondent is directed to file the copy of revised layout plan submitted before the competent authority alongwith the original layout plan on the basis of which the site was allotted. The proof of having submitted the application may also be submitted with the said layout plan within a period of one week failing which the respondent shall be liable for penal action for non-compliance of the directions of the Authority under the Act, 2016. Matter to come up on 26.04.2023 for further proceedings. | ASHOK SANGWAN | View Order | 17-Apr-2023 |
| 01-Mar-2023 | PENDING | The present complaint was filed on 30.09.2022 and the reply on behalf of respondent was received on 25.01.2023. Vide order dated 25.01.2023, the respondent was directed to submit a copy of layout plan indicating the site allotted to the complainant within a period of one week and the same have not been submitted till date. Succinct facts of the case as per pleadings and annexures are as under: S. N. Particulars Details 1. Name of the project “Ramprastha City”, Sectors 37C and 37D, Gurugram, Haryana 2. Project area 105.402 acres 3. Nature of the project Residential Colony 4. DTCP license no. and validity status 128 of 2012 dated 28.12.2012 valid upto 06.4.2025 5. Name of licensee KNS Nirman 6. RERA Registered/ not registered Not registered 7. plot no. Nursing home plot falling on 60-meter-wide road (Page no. 18 of the complaint) 8. Unit area admeasuring 1195 sq. Yds. (approx. 0.25 acres) (Page no. 23 of the complaint) 9. Memorandum of understating 22.01.2015 (Page no. 24 of the complaint) 10. Addendum to Memorandum of understating 05.10.2018 (Page no. 23 of the complaint) 11. Date of execution of plot buyer’s agreement N. A 12. Possession clause 4. That for Clause 3 (3.1) pertaining to time of handing over the possession and penalty, the following clause mentioned herein under shall substitute the one written in the MOU. “Subject to terms in clause and subject to the allottee having complied with all the terms and condition of this agreement and the application and not being in default under any of the provisions of this agreement and compliances with all provisions, documentation etc. as prescribed by the RAMPRASTHA, RAMPRASTHA proposed to hand over the possession of the LAND from one year of the finalization of alignment of the 60-meter road by Huda sector. The allottee agrees and understands that RAMPRASTHA shall be entitled to a grace period of One hundred and twenty (120) days, for applying and obtaining the ALL/ANY certificates required.” 13. Due date of possession N. A 14. Basic price of the plot Rs.89,62,500/- [As per memorandum of understating at page no. 19 of the complaint] 15. Amount paid by the complainant Rs.82,50,000/- [As per submitted by complainant page no. 6 of the complaint and the same was admittedly by the respondent in his reply] 16. Occupation certificate /Completion certificate Not received 17. Offer of possession Not offered The counsel for the respondent states that the respondent has applied for a revised layout plan to the competent authority on account of certain re-alignment and approval is expected within one month. Thereafter, the respondent shall commit deadline within which possession of the allotted Nursery Home site can be handed over to the complainant. Matter to come up on 12.04.2023 for further proceedings. Meanwhile, the respondents are directed not to cancel the unit of the complainant. | ASHOK SANGWAN | View Order | 02-Mar-2023 |
| 17-Feb-2023 | PENDING | Due to paucity of time, matter could not be heard. Adjourned to 01.03.2023 for further proceedings. | VIJAY KUMAR GOYAL | View Order | 28-Feb-2023 |
| 25-Jan-2023 | PENDING | The present complaint was filed on 30.09.2022 and registered as complaint no. 6487 of 2022. On 13.01.2023, the counsel respondent states that a copy of reply has been supplied to the counsel for the complainant and the reply is being filed in the registry. The respondent was directed to file the within 3 days in the registry of the authority. Despite proper service of notice, the respondent has failed to comply with the orders of the authority, by not filing written reply within the time allowed. The counsel for the respondent states that the reply could not be filed in the registry as the order of last proceedings dated 13.01.2023 has been uploaded only on 19.01.2023 and in view of the directions wherein for filing the reply within 3 days, the reply was not accepted by the registry. The counsel for the complainant states that the respondent has been deliberately delaying the filing of reply on one pretext or another and hence, no more opportunity for the same be given and the matter may be heard and decided at the earliest as the site is of a nursing home and there are apprehension that the site may be alienated to third party and hence, may be restrained from creating any third party rights with respect to the above unit. The copy of reply has been supplied during the proceedings and is taken on record. Since despite filing of the complaint way back in September, 2022 and two opportunities of hearing but reply is not filed. The respondent is restrained from creating third party rights in respect of above unit till next date of hearing. The respondent is further directed to file the copy of layout plan indicating the site allotted to the complainant within one week and a copy of the same be also supplied to the counsel for the complainant. Matter to come up on 17.02.2023 for further proceedings. | VIJAY KUMAR GOYAL SANJEEV KUMAR ARORA | View Order | 01-Feb-2023 |
| 13-Jan-2023 | PENDING | The present complaint was filed on 30.09.2022 and registered as complaint no. 6487 of 2022. Despite proper service of notice, no written reply has yet been filed. Moreover, the service is also confirmed from the fact that on the last date of hearing, Shri Navneet Kumar Advocate, of the respondent company appeared and was directed to file the reply within two weeks, i.e., by 28.12.2022. The counsel for the respondent states that a copy of reply has been supplied to the counsel for the complainant and the reply is being filed in the registry. Respondent is directed to file the reply within 3 days in the registry. Last opportunity is being granted. In case the reply is not filed within the time allowed, the defence of the respondent may struck off. Matter to come up on 25.1.2023 for further proceedings | VIJAY KUMAR GOYAL SANJEEV KUMAR ARORA | View Order | 19-Jan-2023 |
| 14-Dec-2022 | PENDING | Reply has not been filed by the respondent. Counsel for the respondent requests for a short adjournment for filing of reply. Respondent is directed to file reply within two weeks i.e., by 28.12.2022 in the registry of the authority. In case reply is not filed within the time allowed, the defence of the respondent may be struck off. Matter to come up on 13.01.2023 for further proceedings. | VIJAY KUMAR GOYAL ASHOK SANGWAN SANJEEV KUMAR ARORA | View Order | 20-Dec-2022 |
| 09-Dec-2022 | FIRST HEARING | Due to paucity of time, the matter could not be heard. Adjourned to 14.12.2022 for the purpose as already fixed. | VIJAY KUMAR GOYAL ASHOK SANGWAN SANJEEV KUMAR ARORA | View Order | 13-Dec-2022 |
| Date of Judgement | Party Details | Judgement Uploading Date | View Judgement |
|---|---|---|---|
| 08-Nov-2023 | VIKAS KAPOOR V/S RAMPRASTHA PROMOTERS AND DEVELOPERS PVT LTD |
09-Nov-2023 |
|
| Dak ID | Receiving Date | Submitted By | Remarks |
|---|---|---|---|
| 68485 | 27/03/2024 | NARESH KUMAR ADV | CERTIFIED COPY OF ORDER. |
| 41825 | 30/09/2022 | SANJEEV SHARMA | NEW COMPLAINT |
| 55601 | 12/07/2023 | SANJEEV SHARMA | M.A NO 260/2023 APP FOR PREPONEMENT OF HEARING |
| 44404 | 22/11/2022 | DR VIKAS KAPOOR | REQUEST FOR EARLY HEARING APPLICATION. |
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