ISH ARORA vs BRAHMA CITY 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.

Due to lack of coram,  the matter is adjourned to 21.05.2024 for the purpose as already fixed.

Matter is adjourned to 12.03.2024 for further proceedings.

In view of the  CWP No.2629/2022  pending in the Hon’ble Punjab and Haryana High Court with regard to dispute regarding allocation of plots interse the respondent i.e. Brahma City Private Limited and M/s Krrish Realtech Private Limited which is fixed for hearing on 11.12.2023, the present case is adjourned to 02.01.2024 for further proceedings.

The present complaint has been filed by the complainant seeking possession of the subject plot and DPC for the delay caused in handing over possession of the subject plot. On 06.01.2023, it was stated by both the counsels that the interim report has been submitted by the Hon’ble Justice Geeta Mittal and objections, if any, thereon has been invited and after considering the same, the final report is likely to be submitted before the Hon’ble Apex Court on the next date of hearing which is 11.01.2023.  The authority observes that the dispute w.r.t to the allocation of 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. The Hon’ble Supreme Court vide its order dated 11.01.2023 has observed as under: “… Therefore, without expressing any opinion on merits, 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 the 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 this 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…”.           After hearing both the counsels, hearing both the counsels, the matter is adjourned to 29.11.2023  for further proceedings.

The present complaint has been filed by the complainant seeking possession of the subject plot and DPC for the delay caused in handing over possession of the subject plot.     The authority observes that the dispute w.r.t to the allocation of 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 with the following directions :- “… Therefore, without expressing any opinion on merits, 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 the 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 this 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…”.            The  case is  pending in the Hon’ble Punjab and Haryana High Court in CWP No. 2926 of 2022. After hearing both the counsels, the matter is adjourned to 13.09.2023  for further proceedings.

Both the counsels state at bar that the interim report has been submitted by the Hon’ble Justice Geeta Mittal and objections, if any,  thereon has been  invited and after considering the same, the final report is likely to be submitted before the Hon’ble Apex Court on the next date of hearing which is 11.01.2023 and in view of same, requests for adjournment of the case. The case is adjourned  to 20.04.2023 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 06.01.2023 for further proceedings.

The counsel on behalf of M/s  Krrish Realtech Pvt Ltd. has brought to the notice of the authority that  vide orders dated 19.05.2022 the Hon’ble Supreme Court of India in Civil Appeal No.6013 of 2022  has passed the following orders :-                   “On the prayer made on behalf of the respondent -Authority, the matter is adjourned to 2-00 PM on 13.7.2022.                       Status quo, as on today, with regard to the possession of the plots in question  shall be maintained in the meanwhile. “          Further Shri Aditya Rathee counsel for respondent No.2 today has produced a copy of order dated 21.07.2022 passed by Hon’ble Apex Court in Special Leave to appeal ( C ) No.6013/2022 in case titled as Krrish Realtech Pvt. Ltd.  versus State of Haryana and others,  in which the following order is 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.                List the matter at 2.00 OM on 03.08.2022”.                  Accordingly, matter to come up on 14.10.2022 for further proceedings.

Arguments partially heard.  It has come to light that in another similar matters  the authority has initiated enquiry under Section 35 of the Act,  2016 in order to determine the areas of allocation by the competent authority which is already under  consideration of DTCP, Haryana vide orders dated 10.02.2022 and hence the above case is to be heard alongwith other complaints of respondent Nos.1 and 2.             After hearing both the parties at length and keeping in view of orders passed by DTCP, Haryana to protect the interest of allottees, the Authority hereby restrain the respondent No.1 and 2 from transfer/sell/create encumbrance in any manner on the unsold plots from today till grant of registration by the authority for the unregistered but otherwise is part of  licensed area under section 5 of the Act,  2016 or till further orders.  The respondent No.2 has already been restrained from neither facilitating any sale in the above said project and nor withdrawal of any amount from the Bank Accounts No.96002100009817 and 09232560000547.             Matter to come up on 25.07.2022 for further proceedings.

Due to paucity of time,  matter could not be heard.                   Adjourned to 19.05.2022 for the purpose already fixed.

In view of the prevailing Covid-19 situation,  safety and security of the members and staff,  the case is adjourned to 10.03.2022 for the purpose already fixed.