UMESH ARORA AND URVASHI ARORA vs KRRISH REALTECH PVT. LTD

The present complaint has been filed by the complainant seeing possession of the subject unit/plot along with interest at the prescribed rate for the delay caused in handing over the possession of the subject plot. The counsel for the respondent states that in view of the directions passed by the Hon’ble Apex Court, the matter is now being heard before the Hon’ble Punjab and Haryana High Court in CWP no. 2926 of 2022 and the next date of hearing is 23.05.2024. The authority observes that the dispute w.r.t the allocation of the plots inter se the respondents i.e. M/s Brahma City Pvt. Ltd. and M/s Krrish Realtech Pvt. Ltd. has been referred by the Hon’ble Apex Court to the Hon’ble High Court of Punjab and Haryana vide its order dated 11.01.2023. Since, the matter is already listed in the Hon’ble High Court for 23.05.2024, the  matter  to come up on 10.09.2024 for further proceedings.

The present complaint has been filed by the complainant seeing possession of the subject unit/plot along with interest at the prescribed rate for the delay caused in handing over the possession of the subject plot. The counsel for the respondent states that In view of the directions passed by the Hon’ble Apex Court, the matter is now being heard before the Hon’ble Punjab and Haryana High Court in CWP no. 2926 of 2022 and the next date of hearing is 09.04.2024. The authority observes that the dispute w.r.t the allocation of the plots inter se the respondents i.e. M/s Brahma City Pvt. Ltd. and M/s Krrish Realtech Pvt. Ltd. has been referred by the Hon’ble Apex Court to the Hon’ble High Court of Punjab and Haryana vide its order dated 11.01.2023. Since, the matter is already listed in the Hon’ble High Court for 09.04.2024, the present matter to come up on 21.5.2024 for further proceedings.

The present complaint has been filed by the complainant seeking possession of the subject unit/plot along with interest at the prescribed rate for the delay caused in handing over the possession of the subject plot.        The authority observes that the dispute w.r.t the allocation of the plots inter se the respondents i.e. M/s Brahma City Pvt. Ltd. and M/s Krrish Realtech Pvt. Ltd. has been referred by the Hon’ble Apex Court to the Hon’ble High Court of Punjab and Haryana vide its order dated 11.01.2023. In view of the directions passed by the Hon’ble Apex Court, the matter is now being heard before the Hon’ble Punjab and Haryana High Court in CWP no. 2926 of 2022 and the next date of hearing is 31.01.2024. The proxy counsel for the complainant requests for a short adjournment as the main arguing counsel is not available today. Request is allowed.      Since, the matter is already listed in the Hon’ble High Court for 31.01.2024, the present matter to come up on 05.03.2024 for further proceedings.

The present complaint has been filed by the complainant seeking possession of the subject unit/plot along with interest at the prescribed rate for the delay caused in handing over the possession of the subject plot The authority observes that the dispute w.r.t the allocation of the plots inter se the respondents i.e. M/s Brahma City Pvt. Ltd. and M/s Krrish Realtech Pvt. Ltd. has been referred by the Hon’ble Apex Court to the Hon’ble High Court of Punjab and Haryana vide its order dated 11.01.2023. In view of the directions passed by the Hon’ble Apex Court, the matter is now being heard before the Hon’ble Punjab and Haryana High Court in CWP no. 2926 of 2022 and the next date of hearing is 11.12.2023.  Since the matter is pending in the Hon’ble Punjab and Haryana High Court, the present complaint is adjourned to  19.12.2023 before the full bench  for further proceedings.

The present complaint has been filed by the complainant seeing possession of the subject unit/plot along with interest at the prescribed rate for the delay caused in handing over the possession of the subject plot.   The authority observes that the dispute w.r.t the allocation of the plots inter se the respondents i.e. M/s Brahma City Pvt. Ltd. and M/s Krrish Realtech Pvt. Ltd. has been referred by the Hon’ble Apex Court to the Hon’ble High Court of Punjab and Haryana vide its order dated 11.01.2023. In view of the directions passed by the Hon’ble Apex Court, the matter is now being heard before the Hon’ble Punjab and Haryana High Court in CWP no. 2926 of 2022 and the next date of hearing is 27.09.2023.  Since, the matter is already listed in the Hon’ble High Court for 27.09.2023, the present matter to come up on 10.10.2023 before the full bench for further proceedings.

During the last date of hearing, the counsel for the respondent no. 2 submitted that a dispute about allocation of plots inter-see the respondent i.e. M/s Brahma City Pvt. Ltd. and M/s Krrish Realtech Pvt. Ltd.  is pending before the Hon’ble Apex Court of land bearing SLP (c) No. 6013 of 2022 in case titled as Krrish Realtech Pvt. Ltd. Vs. State of Haryana and others in which the Hon’ble Supreme Court vide its order dated 11.01.2023 observed that: “We maintain the order of status quo granted by this court on 19.05.2022 and allow the High Court to dispose of the petition on its own merits and in accordance with law. Since this court has undertaken the exercise of securing the report from Special Referee, the reports dated 02.11.2022 and 24.11.2022 along with the objections filed to the same be sent to the High Court to be taken on record of CWP No. 2926 of 2022 so as to enable the High Court to refer to the same if it becomes necessary during the process of hearing. If any further request is to be made to the Special Referee, the High Court may consider the same. All contentions of parties are left open to be urged before the High Court. Considering  that large number of allottees/site purchasers are awaiting  the development of the property to which they seek certain rights, we request the High Court to expedite the hearing of the petition and if for any reason, the petition itself cannot be taken up for disposal, if any interim orders/arrangements are to be made in that regard also,  the High Court may apply its mind. All contentions in this regard are also left open. The petition is disposed of in the aforesaid term”.            In view of above,  the matter is adjourned to 16.08.2023 for further proceedings.

During the last hearing, the counsel for the respondent No.2 had produced a copy of order dated 21.07.2022 passed by the Hon’ble Apex Court in SLP ( c ) No. 6013 of 2022 in case titled as Krrish Realtech Pvt. Ltd  Vs. State of Haryana and others in which the following order had been passed: “Both the parties shall prepare and file their respective charts giving details of the plots in their respective allocations.  The charts shall indicate the plot numbers,  the area of each plot,  whether the plots have been allotted to any allottee and, if so, the date of allotment/agreement, the name of the allottee and the consideration agreed/received. The plot buyers may also furnish a charge in respect of the plots purchased/agreed to be purchased by them with the same details.               Counsel for the respondent states that since the project land in question in the present matter is part of the proceedings before the Hon’ble Apex Court in SLP ( c ) No.6013 of 2022,  the matter may not be heard  until the Hon’ble Apex Court  disposes of SLP. The counsel for the complainant, however,  states that there is no bar in proceeding with the present matter since the complaint pertains to specific reliefs being sought under the RERA Act of 2016.  An opinion in this regard shall be sought from Advocate General Haryana. Registry is directed to do the needful. After hearing both the counsels,  the matter is adjourned for 09.02.2023 for further proceedings.

The present complaint has been received on 31.05.2022. 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 was submitted by the complainant as available in the file. The registry of the authority also sent a notice along with a copy of the complaint through speed post of which delivery was confirmed by the respondent i.e., Krrish realtech pvt. Ltd.. . Registry has also sent the notice along with a copy of the complaint through email at the following email addresses – [email protected] (complainant),  [email protected]   (respondent )  . The same is shown to have been delivered on the above email address as per the report available in the file. It is proper service of the notice. However, no reply has been received on behalf of the respondents till date.  The counsel for the respondent states at bar that the softcopy of reply has been emailed to the counsel for the complainant  who acknowledges its receipt  and hard copy of the reply has been delivered today. Further, counsel for the respondent requests for a short adjournment for filing the reply in the registry of the authority. The respondents are directed to file reply within two weeks i.e., 22.07.2022 in the registry with an advanced copy to the complainant. In case reply is not filed within the time allowed, cost will be imposed.  Matter to come up on 14.10.2022 for further proceedings.