KRISHAN KUMAR DALAL vs RELIABLE REALTECH PVT LTD

Matter to come up on 06.05.2025 for further proceedings.

Ms. Sanya Arora Advocate has appeared on behalf of the respondent and filed power of attorney today.  The counsel for the complainant submits that the Authority vide order dated 15.12.2023 has already allowed the application for impleadment of legal heir, so no question arises for filing the reply to the said application. The counsel for the respondent has moved an application for dismissal of the complaint due to non-submission of succession certificate by the complainant and a copy of the same has been supplied to the counsel for the complainant during proceedings. Moreover, the counsel submits that the legal heirs present today before the Authority is intentionally not filing the requisite succession certificate of the deceased allottee, as the complaint is not willing to disclose the actual LR’s of deceased allottee and one of the legal heirs had already approached the respondent claiming himself as legal heirs of deceased allottee.  However, the counsel for the complainant states that the counsel for the respondent is giving false statement before the Authority and may be directed to place on record the report of person who approached the respondent claiming himself as legal heir of the deceased-allottee. In this regard, the respondent is directed to file the above said record in the registry of the Authority within a period of two weeks. The counsel for the complainant is directed to file reply to the said application for dismissal of complaint within 15 days with an advance copy to the respondent.  Matter be put up before the Full Bench on 11.03.2025 for further proceedings.

The present complaint was filed on 18.04.2022 and registered as complaint no. 1554 of 2022 and the no reply has been received till date. On 27.10.2023, the son of the complainant had filed an application for impleadment of legal heirs of the complainant as the original complainant has expired on 21.07.2023 and the same has been allowed by the Authority vide hearing dated 15.12.2023. The respondent has filed a reply to the application of impleadment of legal heirs on 19.03.2024 in which he has requested to dismiss the application as the will that has been placed on record by the complainant along with will is not registered and also the applicant has failed to submit a surviving members certificates of all the legal heirs of the deceased-complainant. The counsel for the complainant is submitting written submissions  on behalf of the complainant and a copy of the same is supplied to the proxy counsel for the respondent during proceedings. Matter to come up on 09.01.2025 for further proceedings.

Since the impleadment application has been allowed by Shri Vijay Kumar Goyal,  Hon’ble Member .  It is better that this case may be heard by Shri Vijay Goyal, Member. Matter to come up on 19.9.2024 for further proceedings.

The counsel for the complainant states that they have not received the copy of reply however final opportunity was given on 15.12.2023 to file the reply alongwith cost of Rs. 10000/- . The counsel for the respondent states that they have filed the reply and sent a copy through speed post as well as e-mail.  However, he is assuring to give one more copy to the counsel for the complainant today itself and shall be filing in the authority within four days. Counsel for the respondent further stated that the complainant has moved an application for impleading LRs and further submit that there are three LRs  as per the declaration given by the complainant at the time of applying for the unit. But now the complainant has filed application to implead two LRs and the third LR is directly trying to contact the counsel for the respondent. Counsel for the respondent is seeking adjournment for filing reply to the application for impleadment of LRs, Request is allowed. He is directed to file reply within two weeks after supplying a copy to the counsel for the complainant.  Counsel for the respondent is further directed to pay the previous imposed cost to the complainant before the next date of hearing. Matter to come up on 24.5.2024 for further proceedings.

The present complaint has been received on 18.04.2022 and registered as complaint no. 1554 of 2022. Despite proper service of notice, no written reply has yet been filed. The proxy counsel for the respondent states that the reply will be supplied by tomorrow to the counsel of the complainant along with cost of Rs. 10000/- already imposed and thereafter the cheque submitted in the authority shall be returned to the respondent. This shall be last opportunity to file reply  failing which defense of the respondent  shall be struck off. The application filed by applicant for impleadment of LR is allowed. Matter to come up on 15.03.2024.

Both the counsels for the parties request for a short adjournment. Request is allowed. Matter to come up on 15.12.2023 for further proceedings..

Matter is adjourned to 17.11.2023.

The present complaint has been received on 18.04.2022 and registered as complaint no. 1554 of 2022. Despite proper service of notice, no written reply has yet been filed. Moreover, the service is also confirmed from the fact that on the last date of hearing, Shri Amit Singh Chahar Advocate, of the respondent company appeared and was directed to file the reply within two weeks, i.e., by 14.04.2023 in the registry of the authority along with the cost of Rs.5,000/- to be paid to the complainant.        Written reply has not been filed by the respondent so far. The counsel for the respondent states that the reply has been submitted in the registry but is unable to show any receipt for the same being submitted in the registry. He further states that the matter is being amicably settled between the parties.  However, counsel for the complainant states that no reply has been handed over till date.  In case it is found that the reply has not been filed in the registry as stated by him, cost of  Rs. 10000/- shall be imposed upon the respondent to be paid to the complainant.     Respondent is directed to file the reply within two weeks i.e., by 24.08.2023 in the registry with a copy to the complainant  . Last opportunity is being granted. In case the reply is not filed within the time allowed, the defence of the respondent shall be  struck off. Matter is adjourned to 22.9.2023 for further proceedings

The  present complaint has been received on 18.04.2022 and registered as complaint no. 1554 of 2022. As per the registry, complainant had 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 is submitted by the complainants as available in the file. The registry of the authority also sent a notice to the respondent along with a copy of the complaint through speed post of which delivery confirmed on 19.05.2022 and 20.05.2022 as per the tracking report of the speed post available in the file. Registry has also sent the notice along with a copy of the complaint through email on the following email addresses i.e., [email protected], and the same is shown to have delivered on the above email addresses as per the report available in the file.  It is proper service of the notice.          Written reply not filed by the respondents. Counsel for the respondent’s requests for a short adjournment for filing of reply. Respondents are directed to file reply within two weeks i.e., by 14.04.2023 in the registry of the authority alongwith cost of Rs.5000/- to be paid to the complainant. In case reply is not filed within the time allowed, the defence of the respondent may be struck off.            The respondent has filed a copy of order dated 22.03.2023 in CWP no. 16873-2020 and the same is pending before the Hon’ble Punjab and High Court for 25.05.2023. So, in view of that the matter is  sub-judices with regard to date of occupation certificate.          Matter to come up on 11.08.2023 for further proceedings.

Vide resolution No. 704 dated 25.11.2022, it has been intimated by the District Bar Association that  the work shall remain suspended in District Court, Gurugram today i.e. 25.11.2022 due to untimely demise of Ms. Shivani, JMIC, Gurugram. In view of above, the matter is adjourned to 31.03.2023 for the purpose as already fixed.

File taken up today as 19.08.2022  has been declared a holiday on the occasion of Janmashtami and as such, the matter is adjourned to 25.11.2022 for the purpose as already fixed.