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PENDING

SEEMA SACHDEV vs ADTV COMMUNICATIONS PRIVATE LIMITED

Case NumberRERA-GRG-6669-2022
Date of Filing--
Case TypeRERA-GRG
Last Hearing30 Jan 2025
State--
City--
Year of Filing2022

Party Details

Petitioner
  • SEEMA SACHDEV
Respondent
  • ADTV COMMUNICATIONS PRIVATE LIMITED

Case Summary

SEEMA SACHDEV filed Case No. RERA-GRG-6669-2022 in the Haryana Real Estate Regulatory Authority (RERA) against ADTV COMMUNICATIONS PRIVATE LIMITED. The case has undergone 10 hearings over 2 years. The case is currently pending. 11 orders have been issued in this matter.

Hearing History (10)

  • 30JAN 2025
    Hearing

    Judge: VIJAY KUMAR GOYAL

    Order pronounced. Upon perusal of the documents, it has come to the light that the former allottee i.e., Akash Atolia & Sabhyata D Gupta of the subject unit took possession on 17.07.2018. Furthermore, the agreement to sale for the subject unit was executed between the former allottee and the complainant i.e., Seema Sachdev on the same day i.e., 17.07.2018. Since the agreement was executed between former allottee and the complainant, the respondent remains unobligated towards the complainant herein. Further, the relief sought by the complainant regarding issue in the area is also not maintainable as the instant complaint was filed on 06.10.2022, which is approximately 4 years after the complainant took possession. As a result, the complaint is beyond the period of limitation. In the light of the above stated facts, the authority is of the view that the present complaint is not maintainable after such a long period of time as the law is not meant for those who are dormant over their rights. The complaint stands dismissed. Detail order will follow.

    Stage: DISMISSED

  • 9JAN 2025
    Hearing

    Judge: VIJAY KUMAR GOYAL

    The present complaint has been received on 06.10.2022 and the reply on behalf of respondent has not been received within the stipulated time period despite service of notice. Therefore, in view of orders dated 19.10.2023, the defence of the respondent stands struck off. Succinct facts of the case as per complaint and reply are as under: S. N. Particulars Details 1.       Name of the project ALOHA 2.       Project location Sector 57, Gurugram 3.       Nature of Project Residential Complex 4.       Unit No. 301, 3rd Floor, Tower-B4 [page no. 53 of the complaint] 5.       Unit area acc to BBA 2910 sq. ft. [page no. 55 of the complaint] 6.       Revised area of unit on basis of Annexure-12 of the complaint 3230 sq. ft [page 124 onwards of the complaint] 7.       Allotment Letter 09.10.2009 [page no. 50 of the complaint] 8.       Buyer Agreement 09.10.2009 [page no. 53 of the complaint] 9.       Possession clause 10. Schedule For Possession of the said Premises The possession of the said premises is likely to be delivered by the company to the Allottee within 36 months from the date of start of the construction of the tower in which the said flat is located  or from the execution of this agreement whichever is later, subject to force majeure circumstances, & on receipt of all payments punctually as per agreed terms and on receipt of complete payment of the basic sale price and other charges due and payable up to the date of possession according to the Payment Plan applicable to the Allottee.   [page 59 of the complaint] 11.              Sale consideration Rs. 1,04,95,850/- [page no. 55 of the complaint] 12.              Amount paid by the complainant Rs.1,21,67,193.42 /- [As per SoA at page no. 84 of the complaint] 13.              Occupation certificate Not Obtained 14.              Offer of possession Not Offered As the matter is proceeded ex-parte, the counsel for the complainant states that receipts pertaining to total amount paid has been already placed on record. As the complainant has been charged for wrong/ forged super area of 260 sq. ft. , the complainant wishes refund of  the amount along with interest for wrong/ forged super area. Arguments heard.Order reserved. Matter to come up on 30.01.2025 for pronouncement of order.

    Stage: RESERVED

  • 12DEC 2024
    Hearing

    Judge: VIJAY KUMAR GOYAL

    The present complaint has been received on 06.10.2022 and the reply on behalf of respondent has not been received within the stipulated time period despite service of notice. Therefore, in view of orders dated 19.10.2023, the respondent was proceeded ex-parte. Case has been called out but no one has appeared on behalf of the respondent today. The counsel for the complainant is directed to submit SoA of loan amount disbursed by the Bank on the next date of hearing. The complainant is directed to file payment receipts / bank statement  to clarify the amount claimed by him as the respondent in this case was proceeded exparte. Matter to come up on 09.01.2025 for further proceedings.

    Stage: PENDING

  • 19SEP 2024
    Hearing

    Judge: VIJAY KUMAR GOYAL

    The present complaint has been received on 06.10.2022 and the reply on behalf of respondent has not been received within the stipulated time period despite service of notice. Therefore, in view of orders dated 19.10.2023, the respondent was proceeded ex-parte. Case has been called out but no one has appeared on behalf of the respondent today. The complainant has purchased the unit after the possession is handed over to Mr. Akash Atolia and seeking the relief that the area available is under wrong super area and the respondent charge only for the area as per BBA. However the main counsel of the complainant is not available to confirm the facts of the case and neither the respondent is putting in appearance. Matter to come up on 12.12.2024 for further proceedings.

    Stage: PENDING

  • 4JUL 2024
    Hearing

    Judge: VIJAY KUMAR GOYAL

    The present complaint has been received on 06.10.2022 and the reply on behalf of respondent has not been received within the stipulated time period despite service of notice. Therefore, in view of orders dated 19.10.2023, the respondent was proceeded ex-parte. Case has been called out but no one has appeared on behalf of the respondent today. The proxy counsel for the complainant requests for a short adjournment as the main arguing counsel is not available today. Request is allowed. Matter to come up on 19.09.2024 for further proceedings.

    Stage: PENDING

  • 14MAR 2024
    Hearing

    Judge: VIJAY KUMAR GOYAL

    The present complaint has been received on 06.10.2022 and the reply on behalf of respondent has not been received within the stipulated time period despite service of notice. Therefore, in view of orders dated 19.10.2023, the respondent was proceeded ex-parte. On 10.01.2023 and 06.07.2023 the counsel for the complainant was requested to file an application for impleading the financial institution and the said request was allowed and the complainant was directed to file the same. The complainant has failed to file the said application till date. The counsel for the complainant clarifies that no such request for filing application was made and hence the above may be deleted/rectified from the earlier proceedings.  The allottee to whom the unit was allotted and offer of possession shall be impleaded as a party and an application for impleadment shall be filed within 2 weeks. Matter to come up  on 04.07.2024 for further proceedings.

    Stage: PENDING

  • 21DEC 2023
    Hearing

    Judge: VIJAY KUMAR GOYAL

    The present complaint has been received on 06.10.2022 and the reply on behalf of respondent has not been received within the stipulated time period despite service of notice. Therefore, in view of orders dated 19.10.2023, the respondent was proceeded ex-parte. On 10.01.2023 and 06.07.2023 the counsel for the complainant was requested to file an application for impleading the financial institution and the said request was allowed and the complainant was directed to file the same The complainant has not yet filed the said application till date. The proxy counsel for the complainant requests to confirm the same from the main counsel and shall be filing the requisite application if required within 15 days. Matter to come up on 14.03.2024 for further proceedings.

    Stage: PENDING

  • 19OCT 2023
    Hearing

    Judge: SANJEEV KUMAR ARORA

    In pursuance of the orders dated 10.01.2023, a public notice was published in the newspapers “Dainik Jagran” (Hindi) and “the Tribune” (English) for appearance of the respondent with the directions to file written reply failing which ex-parte proceedings would be carried out against the respondent.  Neither the respondent has put in appearance despite publication in the aforesaid newspapers nor sent reply.  Therefore, the  defence of the respondent is hereby struck off. Matter to come up on 21.12.2023 for further proceedings.

    Stage: PENDING

  • 6JUL 2023
    Hearing

    Judge: VIJAY KUMAR GOYAL

    In pursuance of the orders dated 10.01.2023, a public notice was published in the newspapers “Dainik Jagran (Hindi) and “the Tribune” (English) for appearance of the respondent with the directions to file written reply failing which ex-parte proceedings would be carried out against the respondent.  Neither the respondent has put in appearance despite publication in the aforesaid newspapers nor sent reply.  The Authority  has issued the publication in newspaper for the respondent to put in appearance  and to file reply. But neither the respondent is present nor any reply has been filed and hence, the authority decides to proceed exparte.  However during last proceedings the complainant has requested for impleading the Financial institution and an application to this effect was to be filed. But the application is not yet filed. One more opportunity is being given to the complainant to file requisite application after serving the copy to the concerned Financial institution if the complainant is  interested in impleading the financier as a necessary party.  The proxy counsel for the complainant requests for a short adjournment for filing the requisite application. Request is allowed.  Matter to come up on 19.10.2023  for further proceedings.

    Stage: PENDING

  • 10JAN 2023
    Hearing

    Judge: VIJAY KUMAR GOYAL ASHOK SANGWAN

    The present complaint was filed on 06.10.2022 and registered as complaint No. 6669 of 2022.  Case has been called out but none is present on behalf of the respondent.  The notice for appearance issued by the authority has also been returned back from the postal authorities with the remarks “shifted”  and hence, a public notice be issued within  one week by the registry of the authority in respect of all the items from serial No.52 to 56 for filing of reply within 4 weeks and putting  in appearance on the next date of hearing failing which the case shall be proceeded exparte.  Cost of publication shall borne by the complainant on sharing basis. The counsel for the complainant requests for impleading the financial institution from which the complainant has availed the loan as necessary party. Request is allowed.  Application for impleading the financial institution as necessary party be filed within next 2 weeks after supplying a copy to the respondent. Matter to come up  on 06.07.2023  for further proceedings.

    Stage: FIRST HEARING

Orders (11)