| 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 |
|---|---|---|---|---|---|---|---|---|---|---|
| SATISH KUMAR GOYAL AND ANR V/S ATS REAL ESTATE BUILDERS PVT.LTD. |
MUKUL SANWARIYA | GURUGRAM | DISPOSED | NOT REQUIRED | Yes | 19-Apr-2019 | EH787670615IN | Notice Dispatched | Reply Received on 21.05.2019 |
| Notice Number | Remarks | Dispatching Date | Dispatch Id | View Notice |
|---|---|---|---|---|
| First Notice | Notice Dispatched | 19-Apr-2019 | EH787670615IN |
| S No. | Complaint-ID | Complaint-Type | Status | Next Date |
|---|---|---|---|---|
| 1 | RERA-GRG-401-2023 | Execution | PENDING | 18-Jul-2025 |
| Date of Hearing | Status | Proceedings of the day | Bench | Order | Order Uploaded On |
|---|---|---|---|---|---|
| 25-Jul-2022 | DISPOSED | The complaint has been received on 18.04.2019 and reply has been filed on 31.05.2019 by the respondent. The CRA for refund has been filed on 03.06.2022 by the complainant. File has been received on transfer from Adjudicating Officer in view of the judgment dated 11.11.2021 passed by the Apex Court in the case bearing no. SLP(Civil) No(s). 37113715 OF 2021) titled as M/s Newtech Promoters and Developers Pvt Ltd Versus State of U.P. and Ors., and wherein it was held that as matters regarding refund and interest under section 18(1) are to be decided by the authority and matters regarding adjudging compensation to be decided by the Adjudicating officer. Succinct facts of the case as are as under: S. No. Heads Information 1. Name and location of the project “ATS Marigold”, Sector 89A, Gurugram 2. Nature of the project Residential Group Housing 3. Project area 11.125 acres 4. DTCP License 87 of 2013 dated 11.10.2013 valid till 10.10.2017 Name of the licensee Dale Developers Private Limited & Gabino Developers Pvt. Ltd. 5. HRERA registered/ not registered Registered vide no. 55 of 2017 dated 17.08.2017 valid till 31.07.2021 6. Application dated 01.04.2014 (A per page no. 22 of complaint) 7. Allotment letter dated 02.01.2015 (As per page no. 22 of complaint) 8. Date of execution of flat buyer’s agreement 02.01.2015 (As per page no. 23 of complaint) 9. Unit no. 4073 on 07thfloor, tower 04 (As per page no. 22 of complaint) 10. Super Area 2150 sq. ft. (As per page no. 22 of complaint) 11. Total consideration BSP- Rs. 1,30,33,300/- TSC- Rs. 1,45,89,550/- (excluding tax) (As per page no. 53 of the complaint) 12. Total amount paid by the complainants Rs. 53,86,976/- (As per page no. 35 of reply) 13. Possession clause Clause 6.2 (The Developer shall endeavor to complete the construction of the Apartment within 42 (forty two) months from the date of this Agreement, with the grace period of 6 (six) months ie. ("Completion Date")., subject always to timely payment of all charges including the basic sale price, stamp duty, registration fees and other charges as stipulated herein. The Company will send possession Notice and offer possession of the Apartment to the Applicant(s) as and when the Company receives the occupation certificate from the competent authority(ies)..) 14. Due date of possession 02.01.2019 (Calculated from the date of the agreement i.e.; 02.01.2015 + grace period of 6 months) Grace period is allowed 15. Occupation Certificate Not obtained 16. Offer of possession Not offered 17. Letter/email sent before filing of present complaint seeking refund 10.11.2015 (Followed by 04.04.2016, 02.06.2016) (As per page no. 56 of complaint) 18. Demand letter & reminders 27.01.2018, 04.03.2018, 04.04.2018, 07.05.2018, 15.06.2018 (As per page no. 37-40 of complaint) 19. Pre-cancellation letter dated 11.07.2018 (As per page no. 41 of reply) 20. Cancellation letter dated 05.09.2018 (As per page no. 43 of reply) Relief sought by complainant: 1. Direct the respondent to return payment made in lieu of unit/apartment till date along with the prescribed rate of interest from the date of first payment till realization as per the provisions of section 18(1) and 19(4) of the RERA Act. The complainants booked the subject unit on 01.04.2014 under construction linked plan. The complainants were allotted unit in the project of the respondent on 02.01.2015 and they have paid an amount of Rs. 53,86,976/- against total consideration of Rs. 1,30,33,300/- constituting 41.33% of total consideration. The complainant vide email dated 10.11.2015 followed by reminder dated 04.04.2016 & 02.06.2019, requested the respondent that due to financial hardship faced by the complainants, they wants to withdraw from the project. In response, the respondent vide email dated 29.07.2016 stated that the process will take few months. Despite request of the complainant to withdraw from the project, the respondent sent a demand letter dated 27.01.2018 payable on construction of top floor, followed by various reminders dated 04.03.2018, 04.04.2018, 07.05.2018, 15.06.2018 and final cancellation letter dated 05.09.2018 for a default of amount of Rs. 74,91,421. In the present case, it is pertinent to note that the complainant has already raised his plea to withdraw from the project way back in 2015 and they did not came forward to pay any further demand showing their willingness to withdraw from the project. Therefore, in view of aforesaid circumstances, the respondent is directed to refund the amount after deducting 10% of the sale consideration of the unit being earnest money as per regulation Haryana Real Estate Regulatory Authority Gurugram (Forfeiture of earnest money by the builder) Regulations, 2018 within 90 days from the date of this order along with an interest @ 9.80% p.a. on the refundable amount, from the date of request of surrender till the date of realization of payment. 2. To impose penalty upon the respondents as per the provisions of Section 60 of RERA Act for willful default committed by them. 3. To impose penalty upon the respondents as per the provisions of Section 61 of RERA Act for contravention of Sec. 12, Sec.13, Sec. 14, Sec. 15 and Sec. 16 of RERA Act. 4. To direct the respondents to pay penalty upto 10% of project cost to the Complainants under Sec. 59 of RERA, Act, 2016. 5. To direct the respondents to refund the amount collected from the Complainants in lieu of interest, penalty for delayed payments under Rule 21(3)(c) of HRERA Rules, 2017. 6. To issue directions to make liable every officer concerned i.e. Director, Manager, Secretary, or any other officer of the respondent's company at whose instance, connivance, acquiescence, neglect any of the offences has been committed as mentioned in Sec.69 of RERA Act, 2016 to be read with HRERA Rules, 2017. 7. To recommend criminal action against the respondents for the criminal offence of cheating, fraud and criminal breach of trust under section 420,406 and 409 of the Indian Penal Code. For the said reliefs, the complainants may file a separate complaint before Adjudicating Officer under section 31 read with section 71 of the Act and rule 29 of the rules. Matter stands disposed of. Detailed order will follow. File be consigned to the registry. | K K KHANDELWAL VIJAY KUMAR GOYAL | View Order | 28-Jul-2022 |
| 03-Jun-2022 | PENDING | The District Bar Association Gurugram vide resolution No.323 dated 27.05.2022 has informed that Punjab & Haryana High Court, Chandigarh vide Notification No.117 dated 09.05.2022 declared that summer vacation will be observed from 01.06.2022 to 30.6.2022 and requested not to list the cases between 01.06.2022 to 30.06.2022. In view of the above, the case is adjourned to 25.07.2022 for the purpose as already fixed. | K K KHANDELWAL VIJAY KUMAR GOYAL | View Order | 03-Jun-2022 |
| 03-Mar-2022 | PENDING | In view of judgment dated 11.11.2021 in title- M/s Newtech Promoters and Developers Pvt Ltd. Vs State of UP & Ors. Etc. passed by the Apex Court, this forum has no jurisdiction to adjudicate the complaint in hands. File be transferred to the Authority. Next date will be notified later on by the Authority. Reader is directed to send the file immediately. | RAJINDER KUMAR | --- | --- |
| 07-Jan-2022 | PENDING | Due to Covid Pandemic, case is adjourned to 03.03.2022 for the proceedings already fixed. | RAJINDER KUMAR | View Order | 28-Jan-2022 |
| 18-Nov-2021 | PENDING | Pleadings are complete. None is present on behalf of complainant. Issue notice to complainant for next date. To come on 07.01.2022 for further proceedings. | RAJINDER KUMAR | View Order | 11-Jan-2022 |
| 05-Aug-2021 | PENDING | Due to strike of advocates, proceedings could not be taken up today. To come for same proceedings on 18.11.2021. | RAJINDER KUMAR | View Order | 09-Aug-2021 |
| 23-Apr-2021 | PENDING | Due to increase in the Covid-19 cases in and around the area of the Authority, the case is not being taken up for hearing. Hence, as per directions of the Hon’ble Authority, it is being adjourned to 05.08.2021 for the proceedings already fixed. 2. Both the parties be informed accordingly through e-mail. | SUBHASH CHAND GOYAL | View Order | 24-Apr-2021 |
| 06-Apr-2021 | PENDING | It is stated on behalf of both the parties that pleadings are complete, although neither the complaint in form CAO nor reply has been received from the Registry. So, the office is directed to check up that fact before putting up a case for further proceedings. 2. The matter be put up on 23.04.2021 for arguments. | SUBHASH CHAND GOYAL | View Order | 15-Apr-2021 |
| 27-Jan-2021 | PENDING | In pursuance to notice, both the parties put in appearance through their respective counsel. 2. Previous order dated 14.10.2020 has not been complied with. Let the same be complied within the schedule given in it. 3. Let the matter be put up on 06.04.2021 for arguments. | SUBHASH CHAND GOYAL | View Order | 28-Jan-2021 |
| 14-Dec-2020 | PENDING | THE MATTER IS ADJOURNED TO 27.01.2021 | SUBHASH CHAND GOYAL | --- | --- |
| 14-Oct-2020 | PENDING | Both the parties put in appearance through their respective counsel. 2. This complaint relates to refund of amount deposited with the respondent and the same was filed before the learned Authority in form CRA. Now, after transfer it is to be filed in form CAO. Let the same be filed within a period of 10 days with copy to the other side. 3. Respondent is directed to file written reply alongwith complete list of documents consisting of sanctioned plan of the project of the allotted unit, statement of account of the complainant’s unit, environment clearance certificate, copy of BBA and the latest status report of the project duly verified by a responsible person connected with the construction department by way of an affidavit with an advance copy to the complainant 10 days prior to the date fixed. 4. List for arguments on 14.12.2020. | SUBHASH CHAND GOYAL | View Order | 16-Oct-2020 |
| 24-Aug-2020 | PENDING | DUE TO PREVAILING COVID-19 PANDEMIC, THE MATTER IS ADJOURNED TO 14.10.2020 | SUBHASH CHAND GOYAL | View Order | 24-Aug-2020 |
| 27-May-2020 | PENDING | DUE TO LOCKDOWN, THE MATTER IS ADJOURNED TO 24.08.2020 | SUBHASH CHAND GOYAL | View Order | 09-Jun-2020 |
| 08-Apr-2020 | PENDING | Due to lockdown, the matter is adjourned to 27.05.2020 By order of the Authority | SUBHASH CHAND GOYAL | View Order | 26-May-2020 |
| 19-Feb-2020 | PENDING | Case is adjourned to 08.04.2020. By Order of the Authority | SUBHASH CHANDER KUSH SAMIR KUMAR | View Order | 24-Feb-2020 |
| 19-Dec-2019 | PENDING | Case is adjourned to 19.02.2020By the Order of the Authority | SUBHASH CHANDER KUSH SAMIR KUMAR | View Order | 23-Dec-2019 |
| 07-Nov-2019 | PENDING | THE CASE IS ADJOURNED TO 19.12.2019 | K K KHANDELWAL SAMIR KUMAR SUBHASH CHANDER KUSH | View Order | 22-May-2020 |
| 04-Sep-2019 | FIRST HEARING | THE CASE IS ADJOURNED TO 07.11.2019 | View Order | 07-Sep-2019 |
| Date of Judgement | Party Details | Judgement Uploading Date | View Judgement |
|---|---|---|---|
| 25-Jul-2022 | SATISH KUMAR GOYAL AND ANR V/S ATS REAL ESTATE BUILDERS PVT.LTD. |
30-Aug-2022 |
|
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