| 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 |
|---|---|---|---|---|---|---|---|---|---|---|
| ANURAG VOHRA AND VISHAKHA VOHRA V/S EMAAR MGF LAND LTD THROUGH ITS MANAGING DIRECTOR AND OTHER DIRECTORS NOW KNOWN AS EMAAR INDIA LIMITED |
ADV GAURAV RAWAT | GURUGRAM | DISPOSED | NOT REQUIRED | Not Yet | first hearing | -- |
| Date of Hearing | Status | Proceedings of the day | Bench | Order | Order Uploaded On |
|---|---|---|---|---|---|
| 01-Oct-2024 | DISPOSED | The present complaint was filed on 21.12.2022 and the respondent has filed reply to the present complaint on 15.06.2023. The respondent has filed an application dated 25.05.2023, with regard to dismissal of complaint that the complaint is barred by limitation as the complaint has filed lapse of 7 years from the date of execution of conveyance deed. Succinct facts of the case as per complaint and reply are as under: S. No. Particulars Details 1. Name of the project The Palm Drive, Sector 66, Gurugram, Haryana 2. Unit no. L-1203A, Tower-L 3. Provisional allotment letter dated 25.10.2007 [annexure R1, page 29-38 of reply] 4. Date of execution of buyer’s agreement 11.03.2008 [page 39-93 of reply] 5 Agreement to sell dated 12.12.2011 [Page 107-111 reply] 6 Indemnity cum undertaking of the transferor and transferee dated 14.03.2012 [page 112-116 of reply] 7 Nomination letter dated 21.03.2012 [page 122 of reply] 8 Possession clause 14. POSSESSION (a) Time of handing over the Possession The company propose to handover the possession of the apartment/villa /penthouse by December 2010. The apartments allottee agrees and understand that the company shall be entitled for grace period of 90 days for applying and obtaining necessary approvals in respect of the group housing Complex. (Emphasis supplied) 9 Due date of possession March 2011 [Note: 90 days Grace period is included] 10 Total consideration as per statement of account dated 22.05.2023 at page 134 of reply Rs.1,20,41,223/- 11 Total amount paid by the complainant as per statement of account dated 22.05.2023 at page 134 of reply Rs.1,20,41,224/- 12. Occupation certificate 01.04.2015 [annexure R8, page 123-125 of reply] 13. Offer of possession 07.04.2015 (Page 126 of reply) 14 Indemnity cum undertaking 27.04.2015 15. Unit handover letter issued in favour of the complainants on 22.07.2015 [Page 137 of reply] 16. Conveyance deed executed on 30.11.2015 [Page 138-195 of reply] The complainant is seeking delayed possession charges from the due date of possession till offer of possession at the prescribed rate of interest and to set aside the indemnity bond. The counsel for the respondent states that offer of possession was made on 7.4.2015 and a period of 3 years can be included in the offer of possession which comes out to be 7.4.2018. The period of limitation is over before the date of zero period of 15.3.2020 to 28.02.2022 allowed by Hon’ble Supreme Court in MA No.21 of 2022 of suo motu writ petition Civil No.3 of 2020 dated 10.01.2022. In view of the above, the present complaint stands dismissed being not maintainable. Detailed order will follow. Matter stands disposed off. | ARUN KUMAR VIJAY KUMAR GOYAL | View Order | 10-Oct-2024 |
| 16-Jul-2024 | PENDING | Since the Hon’ble Chairman/Members of the Authority are busy to attend the 2nd Annual Conference AIFORERA to be held from 16.07.2024 to 19.07.2024 at Kodaikanal (Tamil Nadu) hence, the matter is adjourned to 01.10.2024 for the purpose already fixed. | ARUN KUMAR VIJAY KUMAR GOYAL ASHOK SANGWAN SANJEEV KUMAR ARORA | --- | --- |
| 02-Apr-2024 | PENDING | The present complaint was filed on 21.12.2022 and the respondent has filed reply to the present complaint on 15.06.2023. The proxy counsel for the complainant requests for a short adjournment as the arguing counsel is not available today due to family exigency. Request is allowed. Matter to come up on 16.07.2024 for further proceedings. | ARUN KUMAR VIJAY KUMAR GOYAL ASHOK SANGWAN | View Order | 19-Apr-2024 |
| 19-Dec-2023 | PENDING | The present complaint was filed on 21.12.2022 and the respondent has filed reply to the present complaint on 15.06.2023. The counsel for the respondent requests for a short adjournment to argue the matter and the counsel for the complainant has no objection. Request is allowed. Matter to come up on 02.04.2024 for further proceedings. | VIJAY KUMAR GOYAL SANJEEV KUMAR ARORA | View Order | 21-Dec-2023 |
| 27-Sep-2023 | PENDING | The present complaint was filed on 21.12.2022 and the respondent has filed reply to the present complaint on 15.06.2023. Both the counsels for the parties request for a short adjournment to argue the matter. Request is allowed. Matter to come up on 19.12.2023 for further proceedings. | ASHOK SANGWAN | View Order | 11-Oct-2023 |
| 03-May-2023 | FIRST HEARING | The present complaint was filed on 21.12.2022 and registered as complaint No. 7420 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. Registry has also sent the notice along with a copy of the complaint through email at following email address: coordination@emaarindia.com and the same is shown to has not been delivered on the above email address as per the report available in the file. However, the respondent has put in appearance through its counsel, therefore, in view of the same, the service is complete. Written 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 16.05.2023 in the registry with a copy to the complainant failing which a cost of Rs.5,000/- shall be imposed upon the respondent. Last opportunity is being granted. In case reply is not filed within the time allowed, the defense of the respondent may be struck off. Matter to come up on 27.09.2023 for further proceedings. | ASHOK SANGWAN | View Order | 18-May-2023 |
| Date of Judgement | Party Details | Judgement Uploading Date | View Judgement |
|---|---|---|---|
| 01-Oct-2024 | ANURAG VOHRA AND VISHAKHA VOHRA V/S EMAAR MGF LAND LTD THROUGH ITS MANAGING DIRECTOR AND OTHER DIRECTORS NOW KNOWN AS EMAAR INDIA LIMITED |
13-Nov-2024 |
|
| Dak ID | Receiving Date | Submitted By | Remarks |
|---|---|---|---|
| 46127 | 21/12/2022 | GAURAV RAWAT | NEW COMPLAINT |
| 54150 | 05/06/2023 | ADV HARSHIT BATRA | REPLY RECEIVED ( WITH APP ) |
| 53728 | 25/05/2023 | ADV HARSHIT BATRA | APPLICATION FOR RESPONDENT FOR MAINTAINABILITY OF COMPLAINT |
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