Haryana Real Estate Regulatory Authority

Comprehensive Complaint Details

Complaint Detail:RERA-GRG-2396-2019

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
FAISAL MUMTAZ V/S VSR INFRATECH PVT.LTD.	SUKHBIR YADAV	GURUGRAM	DISPOSED	NOT REQUIRED	Yes	25-Jun-2019	EH787667593IN	Notice Dispatched	Notice Sent for Reply

Notice Details

Notice Number	Remarks	Dispatching Date	Dispatch Id	View Notice
First Notice	Notice Dispatched	25-Jun-2019	EH787667593IN

Complaint Listing Details

Date of Hearing	Status	Proceedings of the day	Bench	Order	Order Uploaded On
12-Jul-2024	DISPOSED	The present complaint was disposed of vide order dated 24.03.2023 allowing delayed possession charges and handover possession of the allotted unit to the complainant complete in all aspects as per specifications of buyer’s agreement within three months from the date of this order. The counsel for the complainant - promoter has moved an application u/s 39 of the Act for clarification about the possession of the unit because as per the allotment and BBA terms, physical possession was not to be handed over and a leasing arrangement had to be made as per the original terms of allotment. Further draws the attention of the authority towards Annexure -4 page 53 of the complaint, clause 3 states that company shall be fully entitled to hand over the said unit alongwith other units to any managing agency for running, operating and managing, the SOSA/SA on a long term basis and the allottee shall not be entitled to terminate the agreement with the managing agency during the initial period of 15 years. In the light of above facts, no physical possession was to be handed over to the allottee, hence, the clarification/ rectification is required in the order of the Authority dated 24.03.2023. Arguments heard. Rectification is allowed and no physical possession can be handed over as per the agreed terms of the allotment/BBA, hence modification to that extent is being done. This order be read in continuation of order dated 24.03.2023. Further, the 2nd prayer in application u/s 39 of the Act is adjustment of the dues payable by the allottee and during the arguments, the counsel for the complainant (allottee) agrees that they are liable to pay the outstanding amount towards the respondent as per BBA terms, hence, it is hereby clarified that while giving credit of DPC as per the order of the Authority, the adjustment of outstanding dues, if any, should be made out of that. Rectification application stands disposed of. File be consigned to registry	SANJEEV KUMAR ARORA	View Order	16-Jul-2024
24-Mar-2023	RE-OPEN/PENDING	RE-OPENED	SANJEEV KUMAR ARORA	View Order	10-May-2023
15-Feb-2023	PENDING	The counsel for both the parties agreed that settlement talks are goingon and seek three weeks time for conclusion of settlement proceedings andto file the settlement deed with the authority otherwise the matter shall beheard on merits on the next date of hearing.Matter to come up on 24.03.2023 for further proceedings.	SANJEEV KUMAR ARORA	View Order	09-Jun-2023
06-Dec-2022	PENDING	The present complaint was received on 24.06.2019 and the reply on behalf ofrespondent was received on 10.01.2020.The new counsel Shri Ankit Rao has put in appearance on behalf of thecomplainant and has also filed power of attorney and requests for a shortadjournment as settlement talks are in progress with the respondent toamicably settle the matter. The counsel for the respondent also confirms thesame and is directed to file the settlement deed if matter is amicably settledbefore the next date of hearing.Matter to come up on 15.02.2023 for further proceedings.	VIJAY KUMAR GOYAL SANJEEV KUMAR ARORA	View Order	09-Jun-2023
26-Oct-2022	PENDING	Vide resolution No. 643 dated 21.10.2022 the District Bar Association has informed that the District Courts are not working on 26.10.2022 on the occasion of Bhai Dooj and has requested the Authority to also adjourn the matters. Matter to come up on 06.12.2022 for the purpose as already fixed.	VIJAY KUMAR GOYAL SANJEEV KUMAR ARORA	View Order	09-Jun-2023
22-Jul-2022	PENDING	The District Bar Association Gurugram vide resolution No.448dated 22.07.2022 has requested for suspension of work in District CourtsGurugram today i.e. 22.07.2022 due to untimely and sad demise of ShriRajesh Khatri Advocate son of Shri Hazari Lal Advocate. In view of the abovethe hearings are adjourned.Matter to come up on 26.10.2022 for further proceedings.	K K KHANDELWAL VIJAY KUMAR GOYAL	---	---
25-May-2022	PENDING	The counsel for the respondent states at bar that settlement talks are going on between the parties and sought one week time for amicable settlement of the issues in the complaint. The counsel for the complainant agrees for the same. Matter to come up on 22.07.2022 for filing settlement deed if any and if no settlement is arrived the case will be taken for further proceedings on merits.	K K KHANDELWAL VIJAY KUMAR GOYAL	View Order	09-Jun-2023
22-Mar-2022	PENDING	The Authority has to attend the meeting at Chandigarh so the matter is adjourned to 25.05.2022 for the purpose already fixed.	K K KHANDELWAL VIJAY KUMAR GOYAL	View Order	09-Jun-2023
13-Oct-2021	PENDING	Matter is Adjourned to 22.03.2022.	K K KHANDELWAL VIJAY KUMAR GOYAL	View Order	09-Jun-2023
21-Sep-2021	PENDING	Part arguments heard. Both the parties are directed to submit their written arguments in a cryptic manner so that the matter can be decided on merits. Matter to come up on 13.10.2021 for further arguments.	VIJAY KUMAR GOYAL SAMIR KUMAR	View Order	09-Jun-2023
03-Aug-2021	PENDING	The counsel for the respondent has moved an application for mediation in the matter for amicable settlement alongwith a demand draft of Rs.5,000/-. 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 VSR Infratech Private Limited for settlement has been received. 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. 2396/2021 (Available on website i.e. www.haryanarera.gov.in) 3. Name of the Parties Faisal Mumtaz versus VSR Infratech 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 21.09.2021 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 Shri Rajender Kumar, Adjudicating Officer (retired Additional Session Judge and Shri Ajit Singh, 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 23.08.2021 at 2.00 PM (Available on website i.e. www.haryanarera.gov.in) 13. The time limit for completion the mediation Before 21.09.2021. 14. Quantum of fee/ remuneration if payable A demand draft 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 21.09.2021 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 21.09.2021.	VIJAY KUMAR GOYAL SAMIR KUMAR	View Order	08-Aug-2021
19-May-2021	PENDING	Matter to come up on 03.08.2021 for further proceedings.	K K KHANDELWAL SAMIR KUMAR VIJAY KUMAR GOYAL	View Order	20-May-2021
13-Apr-2021	PENDING	Vide resolution No.6889 dated 9.4.2021 District Bar Association Gurugram has conveyed that on the occasion of festival “Besakhi & Ambedkar Jyanti”, 13.4.2021 and 14.4.2021 has been declared as local holiday in District Court Gurugram and requested to adjourn the cases as per convenience of the Authority. Matter to come up on 19.05.2021.	K K KHANDELWAL SAMIR KUMAR VIJAY KUMAR GOYAL	View Order	13-Apr-2021
25-Feb-2021	PENDING	Vide resolution No.6780 dated 24.02.2021, District Bar Association Gurugram has requested for suspension of work today i.e. 25.02.2021 due to welcome party hosted by the newly elected body. Adjourned to 13.04.2021 for the purpose already fixed.	K K KHANDELWAL SAMIR KUMAR SUBHASH CHANDER KUSH	View Order	03-Mar-2021
18-Feb-2021	PENDING	Due to paucity of time, matter could not be heard. Adjourned to 25.02.2021 for arguments.	K K KHANDELWAL SAMIR KUMAR SUBHASH CHANDER KUSH	View Order	25-Feb-2021
09-Feb-2021	PENDING	The counsel for the respondent has stated that they have applied occupation certificate with the competent authority but no document in this regard has been placed on record. Respondent is directed to submit the copy of application for applying occupation certificate alongwith annexures before the next date of hearing. Matter to come up on 18.02.2021.	K K KHANDELWAL SAMIR KUMAR SUBHASH CHANDER KUSH	View Order	12-Feb-2021
16-Dec-2020	PENDING	Part arguments heard. The counsel for the respondent was specifically asked whether any costs which are not part of BBA can be charged. It was submitted by her that such costs cannot be charged. Counsel for the respondent was asked to file an affidavit whether occupation certificate was with-held by the competent authority only on account of the stay granted by the Hon’ble High Court vide order dated 16.07.2015. Counsel for the respondent was also directed to file documents attached with the application for applying occupation certificate and deed of declaration within 10 days in the registry. Matter to come up on 09.02.2021.	K K KHANDELWAL SAMIR KUMAR SUBHASH CHANDER KUSH	View Order	29-Dec-2020
03-Nov-2020	PENDING	Part arguments heard. Both the parties are directed to bring the following documents:- i) Proof for obtaining of occupation certificate ii) Details regarding pendency of the case before the Hon’ble High Court, iii) Any restraint order passed by the Hon’ble High Court; iv) Copy of offer of possession. Matter put up on 16.12.2020.	K K KHANDELWAL SAMIR KUMAR SUBHASH CHANDER KUSH	View Order	09-Nov-2020
15-Sep-2020	PENDING	DUE TO COVID-19 PANDEMIC THE MATTER IS ADJOURNED TO 03.11.2020	K K KHANDELWAL SAMIR KUMAR SUBHASH CHANDER KUSH	View Order	18-Sep-2020
28-Jul-2020	PENDING	DUE TO COVID-19 PANDEMIC, THE CASE IS ADJOURNED TO 15.09.2020	K K KHANDELWAL SAMIR KUMAR SUBHASH CHANDER KUSH	View Order	04-Aug-2020
08-May-2020	PENDING	In order to obviate the menace of Coronavirus, Court is adjourned. Matter is fixed for 28.07.2020.	K K KHANDELWAL SAMIR KUMAR SUBHASH CHANDER KUSH	View Order	11-Jun-2020
25-Mar-2020	PENDING	In order to obviate the menace of Coronavirus, Court is adjourned. Matter is fixed for 08.05.2020.	K K KHANDELWAL SAMIR KUMAR SUBHASH CHANDER KUSH	View Order	11-May-2020
06-Feb-2020	PENDING	CORAM NOT COMPLETE. ADJOURNED TO 25.3.2020.	SUBHASH CHANDER KUSH SAMIR KUMAR	View Order	11-Feb-2020
06-Dec-2019	PENDING	THE CASE IS ADJOURNED TO 06.02.2020	K K KHANDELWAL SAMIR KUMAR SUBHASH CHANDER KUSH	View Order	21-Dec-2019
24-Oct-2019	PENDING	THE CASE IS ADJOURNED TO 06.12.2019	K K KHANDELWAL SAMIR KUMAR SUBHASH CHANDER KUSH	View Order	29-Oct-2019
09-Oct-2019	FIRST HEARING	THE CASE IS ADJOURNED TO 24.10.2019		View Order	29-Oct-2019

Complaint Final Judgement Details

Date of Judgement	Party Details	Judgement Uploading Date	View Judgement
12-Jul-2024	FAISAL MUMTAZ V/S VSR INFRATECH PVT.LTD.	18-Jul-2024
24-Mar-2023	FAISAL MUMTAZ V/S VSR INFRATECH PVT.LTD.	05-Jun-2023

Documents Submitted

Dak ID	Receiving Date	Submitted By	Remarks
1286	24/06/2019	SUKHBIR YADAV	NEW COMPLAINT
6021	10/01/2020	RINKU	REPLY BY THE RESPONDENT
13391	09/12/2020	JATIN SHARMA	APP FOR PLACING ON RECORD ADDITIONAL FACTS AND DOCUMENTS ON BEHALF THE RESPONDENT
15533	02/02/2021	ARTLO	AFFIDAVIT ON BEHALF OF THE RESPONDENT
23463	16/09/2021	ARTLO	APP FOR PLACING ON RECORD ALONG WITH AFFIDAVIT
24453	06/10/2021	ARTLO	WRITTEN ARGUMENTS ON BEHALF OF RESPONDENT
24454	06/10/2021	ARTLO	WRITTEN ARGUMENTS ON BEHALF OF RESPONDENT
72601	31/05/2024	ARTLO	MA NO 345/2024 APP UNDER SECTION 39 FOR RECTIFICATION OF ORDER