ROHIT MAHENDRU 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.     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, the matter is adjourned to 29.11.2023  for further proceedings.

The present complaint was filed on 29.08.2022 and registered as complaint no. 5815 of 2022. On last date of hearing i.e., 18.11.2022, the respondent no.1 was directed to file reply within 2 weeks.  However, written reply has not been filed by the respondent no.1 so far. The counsel for the respondent no.1 requests for a short adjournment for filing of reply. Respondent no.1 is directed to file the reply within two weeks i.e., by 03.05.2023 in the registry with a copy to the complainant along with additional cost of Rs.5,000/- to be paid to the complainant. Last opportunity is being granted. In case the reply is not filed within the time allowed, the defence of the respondent may struck off.         Shri Shivam Rajpal Advocate has appeared on behalf of respondent no.2  and has handed over the copy of reply to the proxy counsel for the complainant during proceedings and he is directed to file the reply in the registry of the authority within one week.        Matter to come up on 13.09.2023  for further proceedings.

The counsel for the respondent states that the copy of complaint has not yet been received and put in appearance on the basis of cause list.  Copy of the complaint is being supplied by the counsel of complainant and thereafter counsel of respondent shall file reply within two weeks.    Matter to come up  on 19.04.2023 for further proceedings.