RAJINDER PRASAD vs KRRISH REALTECH PVT LIMITED

The 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 case is pending before the Hon’ble Punjab and Haryana High Court in CWP no. 2926 of 2022 and listed for 21.08.2024, the present complaint can only be adjudicated after the outcome in CWP no. 2926 of 2022.  Matter be put up before the full bench on 10.09.2024 for further proceedings.

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 case is pending before the Hon’ble Punjab and Haryana High Court in CWP no. 2926 of 2022 and listed for 09.04.2024, the present complaint can only be adjudicated after the outcome in CWP no. 2926 of 2022.  Matter to come up on 29.5.2024 for further proceedings.

The Learned Presiding Officer is on leave today. Matter to come up on 13.03.2024 for the purpose already fixed.

Due to paucity of time, matter could not be heard. Adjourned to 20.12.2023 for further proceedings.

The authority observes that the dispute w.r.t the allocation of the plots inter se 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 and the next date of hearing is fixed for 09.08.2023. Since, the matter is already listed in the Hon’ble High Court for 09.08.2023, hence, the matter to come up on 20.09.2023 for further proceedings.

Shri Ambuj Srivastava Advocate new counsel for the complainant put in appearance and shall be filing power of attorney in next two days. Further, the counsel for the respondent states 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 31.05.2023 for further proceedings

A dispute with regard to 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 in SLP NO. 6013 /2022 and the same is fixed for 04.11.2022 for filling the respective claims with regard to allocation and that of intervenor. So, in view of matter with regard to allocation of plots being sub-judice before the Hon’ble Apex Court of land,  the case is adjourned to 06.01.2023 for further proceedings.

Part arguments heard.                   The counsel on behalf of M/s  Krrish Realtech Pvt Ltd. has placed on record a copy of orders dated 19.05.2022 passed by the Hon’ble Supreme Court of India in Civil Appeal No.6013 of 2022  in which the Hon’ble Apex court 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. “                                   The counsel for the respondents are directed to submit their written submissions within 7 days with an advance copy to the complainant. The complainant shall file the reply of the written submissions filed by the respondents, if any, within a period of further 7 days in the registry of the authority.                        Matter to come up on 29.09.2022 for further proceedings.

Due to paucity of time, matter could not be heard.                         Adjourned to 08.07.2022 for the purpose as already fixed.

Due to paucity of time,  the matter could not be heard.                        Adjourned to 26.04.2022 for the purpose already fixed.

Coram not complete. Case is adjourned to 04.03.2022 for the purpose already fixed.

The enquiry into the complaint mentioned at Serial No.26 to 38,   41, 43, 44 and 45 to 86 have some common issues which needs to be first settled then only these complaints can be decided. The complaints from serial No. 26 to 38, 41, 43 and 44 are fixed for 07.02.2022 and in the complaints from serial No.45 to 86  titled as M/s Kanwar Raj & Company versus Brahma City Private Limited and others  which are being taken up in a bunch will be partly heard today and further arguments  shall be taken up on 07.02.2022 alongwith the cases fixed on that day mentioned above. Assistant Registrar to accordingly issue proceedings of the day.                    Matter to come up on 07.02.2022 for further proceedings.

Vide resolution No.7238 dated 16.11.2021, District Bar Association Gurugram  has requested for suspension of work today i.e. 16.11.2021 due to sad demise of Shri Vijay Kumar Sharma, Advocate Ex-President.                   The case is adjourned to 27.01.2022  for the purpose already fixed.

Due to paucity of time, matter is adjourned to 16.11.2021 for arguments.

Arguments heard.                  The counsel for the complainant has stated that he had paid Rs.69,78,720/- to the respondent and the respondent had issued him a provisional allotment letter dated 08.01.2013. No  Builder Buyer Agreement has been signed inter-se both the parties. No date of delivery of possession of plot has been mentioned anywhere.                      The counsel for the respondent  has stated at bar that on account of certain legal  litigation inter-se three parties i.e. ABW infrastructure, Brahma City Pvt. Ltd. a PMLA proceeding are going on before the Adjudicating Authority, New Delhi. Vide order dated 07.06.2019, the Authority had confirmed the original provisional attachment order dated 24.12.2018, copy attached and placed on record by virtue of which in the prevailing circumstances, the company Krrish  Realtech Pvt. Ltd is not in a position to deliver the plots in question for which only provisional letter has been issued.  However, in the interest of justice, company is duty bound and willing to refund the amount alongwith interest to the provisional allottee from the date of deposit of amount with the company.              The counsel for the respondent is directed to submit all the points as argued by way of affidavit before the authority so that matter can be decided on merits.               Matter to come up on 27.10.2021 for further proceedings.

Reply in this case has already been filed.                  A perusal of the order dated 15.10.2020 shows that besides the complainant sought relief  of possession,  interest and delayed possession charges of the allotted unit has also been claimed.                Counsel for the respondent has stated at bar that the respondent wants to refund the deposited amount paid by the complainant alongwith interest as the respondent was unable to develop and allot a residential plot to the complainant.                Matter to come up on 16.09.2021 for further proceedings.

Matter to come up on  03.08.2021 for further proceedings.

Vide resolution No.6866 dated 26.03.2021 District Bar Association Gurugram has conveyed that on the occasion of festival “Holi”,  30.03.2021 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 19.5.2021.

Vide Resolution No.6679 dated 28.01.2021, District Bar Association, Gurugram has conveyed that on account of the sad demise of Shri  Gyasi Ram Yadav, Senior Advocate,  court work shall remain suspended. The matter is adjourned to 30.03.2021 for the same purpose.

Due to holding the Court by Haryana Human Rights commission Gurugram in court No.1, the matter is adjourned to 28.01.2021 for the purpose as already fixed.

THE CASE IS ADJOURNED TO 27.11.2020

Both the parties put in appearance through their respective counsel. 2. A perusal of the case file shows that besides relief of possession, interest and delayed possession charges of allotted unit has also been claimed. These issues can only be dealt with by the learned Authority. 3. So, let the file be submitted before the learned Authority for passing appropriate orders. 4. Both the parties are directed to appear before the learned Authority on 21.10.2020 or receiving appropriate.

DUE TO PREVAILING COVID-19 PANDEMIC, THE MATTER IS ADJOURNED TO 15.10.2020

DUE TO LOCKDOWN, THE MATTER IS ADJOURNED TO 25.08.2020.

DUE TO LOCKDOWN, THE MATTER IS ADJOURNED TO 28.05.2020

CASE IS ADJOURNED TO 09.04.2020.BY THE ORDER OF THE AUTHORITY.

Case is adjourned to 20.02.2020