| 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 |
|---|---|---|---|---|---|---|---|---|---|---|
| GURMEET KAUR PRITIKA GREWAL V/S SPAZE TOWERS PVT LTD |
SANJEEV SHARMA | GURUGRAM | DISPOSED | NOT REQUIRED | Yes | 02-Mar-2019 | EH787659416IN | Notice Dispatched | Reply Received Dated 26.04.2019 |
| Notice Number | Remarks | Dispatching Date | Dispatch Id | View Notice |
|---|---|---|---|---|
| First Notice | Notice Dispatched | 02-Mar-2019 | EH787659416IN |
| S No. | Complaint-ID | Complaint-Type | Status | Next Date |
|---|---|---|---|---|
| 1 | RERA-GRG-4216-2022 | Execution | DISMISSED | NA |
| Date of Hearing | Status | Proceedings of the day | Bench | Order | Order Uploaded On |
|---|---|---|---|---|---|
| 14-Oct-2021 | DISPOSED | Arguments heard. By virtue of Builder Buyer Agreement executed between the parties, there is a delay on the part of the respondent to hand over the actual physical possession of the unit to the complainant and as such, the complainant is entitled for delayed possession charges under section 18(1) of the Real Estate (Regulation & Development) Act, 2016 at the prescribed rate of interest i.e. 9.30% per annum for every month of delay on the amount paid by the complainant with the respondent from the due date of possession till the offer of possession plus two months as per provisions of Section 19(10) of the Real Estate (Regulation & Development) Act, 2016. The arrears of interest accrued so far shall be paid to the complainant within 90 days from the date of this order. Complaint stands disposed of. Detailed order will follow. File be consigned to the registry. | VIJAY KUMAR GOYAL SAMIR KUMAR | View Order | 12-Nov-2021 |
| 27-Aug-2021 | PENDING | Shri Ishaan Dang Advocate appearing on behalf of the respondent has requested for a date. Request allowed. It shall be the last opportunity. Adjourned to 14.10.2021. | VIJAY KUMAR GOYAL SAMIR KUMAR | View Order | 04-Sep-2021 |
| 08-Jul-2021 | PENDING | Reply has already been filed by the respondent. Matter to come up on 27.08.2021 for arguments. | K K KHANDELWAL SAMIR KUMAR VIJAY KUMAR GOYAL | View Order | 24-Jul-2021 |
| 20-Apr-2021 | PENDING | Reply not filed by the respondent. Respondent is directed to file reply within 10 days with an advance copy to the complainant. Matter to come up on 08.07.2021 for further proceedings. | K K KHANDELWAL SAMIR KUMAR VIJAY KUMAR GOYAL | View Order | 26-Apr-2021 |
| 03-Mar-2021 | PENDING | Proceedings 1. In view of provisions of section 25 read with section 32(g) of the Real Estate (Regulation and Development) Act, 2016. wherein the Authority is empowered to facilitate the growth and promotions of a healthy, transparent, efficient and competitive real estate sector, it is necessary to take measures to facilitate amicable conciliation of dispute between the promoters and the allottees. A representation from Spaze Towers Private Limited for settlement has been received and a large number of its cases are pending before the Authority. In order to save time and money, it appears to the Authority that there exist elements of settlement of dispute which may be acceptable to the parties, The Authority hereby orders mediation under section 89 Code of Civil Procedure, 1908 in cases as given in annexure A through this referral order. The details of reference are as under: - 1. Name of the referral forum The Haryana Real Estate Regulatory Authority, Gurugram 2. Complaint No. Complaint No.720/2019 (Available on website i.e. www.haryanarera.gov.in) 3. Name of the Parties Gurmeet Kaur Pritika Grewal versus Spaze Towers Private Limited 4. Date and year of institution of cases Same 5. Stage of proceedings Reply received in some matters and replies are pending in some matters 6. Nature of dispute Dispute between developer/builder (promoter) and customers (allottees) 7. The statutory provision under which the reference is made Section 89 of The Code of Civil Procedure, 1908 8. Next date of hearing before the Authority 20.04.2021 9. Whether the parties have consented for mediation Specific consent was not taken and also no objections have not been received 10. Name of the institution/mediator Sh. S.C. Goel, (Retd.) District and Session Judge and Adjudicating Officer, HARERA, Gurugram and Smt. Deepa Malik, Chief Public Grievances Officer and Chief Public Relation Officer, HARERA, Gurugram and Smt. Geeta Rathi, Legal Officer, HARERA, Gurugram One representative from promoters association (NARDECO/CREDAI) and one representative from Association of Allottees, if nominated by the respective president. 11. To whom the case is referred for mediation As detailed above 12. The date and time for the parties to report before the institution/ mediator 24.03.2021 at 2.00 PM (Available on website i.e. www.haryanarera.gov.in) 13. The time limit for completion the mediation Before 20.04.2021 14. Quantum of fee/ remuneration if payable A Demand draft of Rs.5,000/-has been received from the promoter. 15. Contact address and telephone numbers of the parties and their Advocates As per record 2. In terms of Section 89 of The Code of Civil Procedure, 1908 and the Judicial pronouncements, consent of the parties is not mandatory for referring a case for Mediation. The absence of consent for reference does not effect the voluntary nature of the mediation process as the parties still retain the freedom to agree or not to agree for settlement during mediation. 3. In order to prevent any misuse of the provision for mediation by causing delay in the proceedings/disposal of the case, the Authority while referring the matters for mediation, has decided to post the case for further proceedings on 20.04.2021 and hereby grant time to complete the mediation process within this reasonable time. 4. As held by the Supreme Court of India in Afcons Infrastructure Ltd. and Anr. V. Cherian Varkey Construction Co. Pvt. Ltd. and Ors. (2010) 8 Supreme Court Cases 24, having regard to their nature. “All suits and cases of civil nature in particular the following categories of cases (whether pending in civil courts or other special tribunals/ forums) are normally suitable for ADR processes: (i) All cases relating to trade, commerce and contracts, including - Disputes arising out of contracts (including all money suits); - Disputes relating to specific performance; - Disputes between suppliers and customers; - Disputes between bankers and customers; - Disputes between developers/ builders and customers; - Disputes between landlords and tenants/ licensors and licensees; - Disputes between insurer and insured. ____________________________ ____________________________ ____________________________” 5. The parties were motivated to resolve their disputes through mediation. Even if the parties are not inclined to agree for mediation, the Authority has tried to ascertain the reason for such disinclination in order to persuade and motivate them for mediation. The Authority explained the concept and process of mediation and its advantages and how settlement to mediation can satisfy underlying interest of the parties. 6. The Authority hereby orders that the mediation reports be placed before the Authority for passing consequential orders. The parties are directed to remain present personally or through their authorized representative in the proceedings before the Authority. 7. If there is no settlement between the parties, the proceedings before the Authority shall continue in accordance with law. In order to ensure that the confidentiality of the mediation process is not breached, the Authority shall neither ask for the reasons for failure of the parties to arrive at a settlement, nor should the Authority allow the parties or their counsel to disclose such reasons to the Authority. However, it is open to the Authority to explore the possibility of a settlement between the parties. To protect confidentiality of the mediation process, there should not be any communication between the Authority and the mediator regarding the mediation during or after the process of mediation. 8. If the dispute has been settled in mediation, the Authority will examine whether the agreement between the parties is lawful and enforceable. If the agreement is found to be unlawful or unenforceable, it shall be brought to the notice of the parties and the Authority will desist from acting upon such agreement. If the agreement is found to be lawful and enforceable, the Authority will act upon the terms and conditions of the agreement and pass consequential orders. To overcome any technical or procedural difficulty in implementing the settlement between the parties, it is open to the Authority to modify or amend the terms of settlement with the consent of the parties. If the settlement is not effected between the parties, the matter shall be heard on merits on 20.04.2021. | K K KHANDELWAL SAMIR KUMAR SUBHASH CHANDER KUSH | View Order | 12-Nov-2021 |
| 11-Jan-2021 | PENDING | Coram not complete. Matter is listed for 03.03.2021 for the purpose as already fixed. | K K KHANDELWAL SAMIR KUMAR SUBHASH CHANDER KUSH | View Order | 11-Jan-2021 |
| 01-Dec-2020 | PENDING | Coram not complete. Matter is listed for 11.01.2021 for the purpose as already fixed. | K K KHANDELWAL SAMIR KUMAR SUBHASH CHANDER KUSH | View Order | 01-Dec-2020 |
| 22-Oct-2020 | PENDING | Both the counsel for the parties have stated that the settlement is on the anvil and sought time for arriving at settlement. Case is adjourned to 1.12.2020 for filing settlement deed, if any. | K K KHANDELWAL SAMIR KUMAR SUBHASH CHANDER KUSH | View Order | 28-Oct-2020 |
| 04-Sep-2020 | PENDING | DUE TO COVID-19 PANDEMIC, THE MATTER IS ADJOURNED TO 22.10.2020 | K K KHANDELWAL SAMIR KUMAR SUBHASH CHANDER KUSH | View Order | 07-Sep-2020 |
| 16-Jul-2020 | PENDING | DUE TO COVID-19 PANDEMIC, THE CASE IS ADJOURNED TO 04.09.2020 | K K KHANDELWAL SAMIR KUMAR SUBHASH CHANDER KUSH | View Order | 20-Jul-2020 |
| 30-Apr-2020 | PENDING | In order to obviate the menace of Coronavirus, Court is adjourned. Matter is fixed for 16.07.2020. | K K KHANDELWAL SAMIR KUMAR SUBHASH CHANDER KUSH | View Order | 09-Jun-2020 |
| 18-Mar-2020 | PENDING | In order to obviate the menace of Coronavirus, Court is adjourned. Matter is fixed for 30.04.2020. | SUBHASH CHANDER KUSH SAMIR KUMAR | View Order | 22-May-2020 |
| 29-Jan-2020 | PENDING | Proceedings Arguments heard. An issue with regard to environment clearance certificate has been categorically raised by the counsel for the complainant. He has pointed out the documents vide which it is clear that the environment clearance certificate got delayed on account of non-fulfillment of conditions and lack of requisite documents to be submitted by the respondent as a result of which the EC was not issued by the Ministry of Forest and Environment, Government of India. Counsel for the respondent submitted that the delay on account of getting environment clearance got compounded by the competent authority and the EC was finally issued by the competent authority, a copy of which is placed on record. Besides this, another issue raised by the counsel for the complainant is with regard to car parking and common area for which deed of declaration is required so that the levying of car parking charges as well as common area may be clarified. Respondent is directed to submit deed of declaration on the next date of hearing. Counsel for the respondent is also directed to assist the court by way of submitting a schedule/chart of all the points raised by him in this regard alongwith annexures. List on 18.03.2020. | SUBHASH CHANDER KUSH SAMIR KUMAR | View Order | 17-Feb-2020 |
| 29-Nov-2019 | PENDING | CASE IS ADJOURNED TO 29.01.2020 BY THE ORDER OF THE AUTHORITY. | K K KHANDELWAL SAMIR KUMAR SUBHASH CHANDER KUSH | View Order | 16-Dec-2019 |
| 24-Sep-2019 | PENDING | THE CASE IS ADJOURNED TO 29.11.2019 | K K KHANDELWAL SAMIR KUMAR SUBHASH CHANDER KUSH | View Order | 18-Oct-2019 |
| 29-Aug-2019 | FIRST HEARING | THE CASE IS ADJOURNED TO 24.09.2019 | View Order | 31-Aug-2019 |
| Date of Judgement | Party Details | Judgement Uploading Date | View Judgement |
|---|---|---|---|
| 14-Oct-2021 | GURMEET KAUR PRITIKA GREWAL V/S SPAZE TOWERS PVT LTD |
13-Jan-2022 |
|
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