| 01-Oct-2024 |
DISPOSED |
The present complaint was filed on 14.12.2022 and the reply
on behalf of respondent was received on 20.12.2023.
Succinct
facts of the case as per pleadings and annexures are as under:
S. N.
Particulars
Details
1.
Name of the project
The Venetian, Sector- 70, Gurugram,
Haryana
2.
Project area
5.10 acres
3.
Nature of the project
Affordable group housing colony
4.
DTCP license no. and validity status
103 of 2019 dated 05.09.2019
Valid up to 04.09.2024
5.
Name of licensee
Shree Ratan Lal and others
6.
Building
plan approval dated
07.02.2020
(As
per DTCP website)
7.
Environment
clearance dated
Not obtained till date
8.
RERA Registered/ not
registered
Registered
vide no. 39 of 2020 dated 27.10.2020
Valid upto 02.09.02024
7.
Allotment letter
09.03.2021
[Page 12 of complaint]
8.
Builder buyer
agreement
Not placed on record
9.
Flat no.
1006, 10th floor, tower 1
[Page 12 of complaint]
10.
Unit admeasuring
571.105 sq. ft. (carpet area)
(Page 12 of the complaint)
11.
Possession clause as per Affordable housing
policy, 2013
1(IV)
of the Affordable Housing Policy, 2013
All such
projects shall be required to be necessarily completed within 4 years
from the approval of building plans or grant of environmental clearance,
whichever is later. This date shall be referred to as the “date of
commencement of project” for the purpose of this policy. The licenses shall
not be renewed beyond the said 4 years period from the date of commencement
of project.
12.
Due date of possession
Cannot be ascertained
13.
Total sale price of the flat
Rs.23,33,420/-
[As alleged by complainant at page
7 of complaint]
14.
Amount paid by the complainant
Rs.8,83,785/-
[As alleged by complainant at page
7 of complaint]
15.
Surrender request by the
complainant
05.07.2022
[page 17 of complaint]
The husband of the complainant present in person states that the
respondent has failed to start the construction in the absence of EC and hence
he is seeking refund of the deposited amount.
None appeared on behalf of the respondent.
Arguments heard.
In view of
the above, the respondent is directed to refund the deposited amount to the
complainant alongwith prescribed rate of interest i.e. 11.10% per annum from
the date of each payment till its realization as per clause 5(iii)(b) of the
Affordable Housing Policy, 2013.
Matter
stands disposed off. Detailed orders will follow. |
ARUN KUMAR VIJAY KUMAR GOYAL |
View Order |
04-Nov-2024 |
| 06-Aug-2024 |
PENDING |
The present complaint was filed on 14.12.2022 and the reply
on behalf of respondent was received on 20.12.2023.
None present on behalf of the complainant. One more
opportunity is being given to the complainant to put in appearance on the next
date of hearing.
Matter to come up on 22.10.2024 for further proceedings. |
ARUN KUMAR VIJAY KUMAR GOYAL ASHOK SANGWAN |
View Order |
22-Aug-2024 |
| 07-May-2024 |
PENDING |
Due to administrative
exigency, the matter is adjourned to 06.08.2024
for the purpose as already fixed. |
ARUN KUMAR VIJAY KUMAR GOYAL ASHOK SANGWAN SANJEEV KUMAR ARORA |
View Order |
21-May-2024 |
| 27-Feb-2024 |
PENDING |
Due to administrative reasons,
the case is adjourned to 07.05.2024 for
the purpose already fixed. |
ARUN KUMAR VIJAY KUMAR GOYAL ASHOK SANGWAN SANJEEV KUMAR ARORA |
View Order |
05-Mar-2024 |
| 19-Dec-2023 |
PENDING |
Shri Arun Yadav Advocate has appeared on
behalf of the respondent and is handing over a
copy of reply to the complainant during proceedings and is filing in the
registry by tomorrow.
The complainant present in person draws
attention of the authority that a legal notice dated 20.11.2023 claiming
damages of Rs. One Crore has been issued by the respondent. It is also brought to the notice of the authority
that the Respondent has also mention the same in the reply submitted by the
respondent during proceedings. It was assured to the complainant that this
issue will be examined by the Authority
on the next date of hearing and a view thereon shall be taken after perusing
the reply being submitted.
Matter to come up on 27.02.2024 for further
proceedings. |
VIJAY KUMAR GOYAL SANJEEV KUMAR ARORA |
View Order |
21-Dec-2023 |
| 21-Nov-2023 |
PENDING |
The counsel for the respondent has put in
appearance and handed over a copy of reply to the counsel for the complainant
during proceedings and requests for
filing the same in the registry of the Authority within 2 days. The respondent is directed to file reply in
the registry of the Authority within two days alongwith costs of Rs. 5000/- to
be paid to the complainant failing which the defence of the respondent may be
struck off.
Matter to come up
on 19.12.2024 for further proceedings. |
VIJAY KUMAR GOYAL ASHOK SANGWAN SANJEEV KUMAR ARORA |
View Order |
29-Nov-2023 |
| 25-Oct-2023 |
PENDING |
The counsel
on behalf on the respondent/builder has filed an application along with power
of attorney on 04.09.2023 that he should
be allowed to submit reply in all such complaints in which order of
publication have been issued by the authority on 26.07.2023, 28.07.2023 and
11.08.2023 which are fixed for hearing on 25.10.2023, 20.10.2023 and 10.11.2023. The
said request was approved by the Authority.
After due consideration of the request of the counsel for the respondent
and power of attorney filed by him, the matter is being referred to full bench to be heard on 21.11.2023
as there are lot of litigations involved in this project and a full bench view is required. It is also
directed that Director/authorized representative of the respondent company
should also appear alongwith the counsel on the next date of hearing.
In case
the counsel for the respondent does not file the reply before the next date of
hearing, defence of the respondent shall be struck off and matter shall be
proceeded on merits and documents already held on record.
Matter
to come up on 21.11.2023 at 3-00 PM
before full bench for further
proceedings. |
SANJEEV KUMAR ARORA |
View Order |
31-Oct-2023 |
| 26-Jul-2023 |
PENDING |
Matter is adjourned to 25.10.2023. |
ASHOK SANGWAN |
View Order |
04-Sep-2023 |
| 09-May-2023 |
FIRST HEARING |
The present complaint was filed on 14.12.2022
and registered as complaint no. 7371 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
respondent is submitted by the complainant as available in the file. Registry
has also sent the notice along with a copy of complaint through email on the
following email address i.e., corporate@osbgroup.co.in and the
same is shown to have delivered on the above email addresses as per the report
available in the file. It is proper
service of the notice.
Case has been called out but no one has
appeared on behalf of the respondent despite proper service. Hence a public
notice for the respondent be issued in the newspaper by the registry of the
Authority at the cost of the complainant alongwith the cases listed on
26.7.2023.
Matter to be clubbed with other cases which
are listed for 26.7.2023 for further proceedings. |
VIJAY KUMAR GOYAL ASHOK SANGWAN SANJEEV KUMAR ARORA |
View Order |
28-Jun-2023 |