B K SUDARSHAN THROUGH GPA HOLDER PANDIT R C JHA vs H S REALTY PVT LTD

Case NumberRERA-GRG-457-2019

Date of Filing--

Case TypeRERA-GRG

Last Hearing18 Feb 2025

Court⚖️ Haryana Real Estate Regulatory Authority (RERA) ↗

StateHaryana

CityGurgaon

Year of Filing2019

Petitioner

B K SUDARSHAN THROUGH GPA HOLDER PANDIT R C JHA

Respondent

H S REALTY PVT LTD

B K SUDARSHAN THROUGH GPA HOLDER PANDIT R C JHA filed Case No. RERA-GRG-457-2019 in the Haryana Real Estate Regulatory Authority (RERA) against H S REALTY PVT LTD. The case has undergone 30 hearings over 5 years and 9 months. The case is currently pending. 29 orders have been issued in this matter.

18FEB 2025
Hearing
Judge: ARUN KUMAR VIJAY KUMAR GOYAL ASHOK SANGWAN
Order pronounced. The complaint is dismissed. Detailed order will follow. Matter stands disposed off.
Stage: DISMISSED
28JAN 2025
Hearing
Judge: ARUN KUMAR VIJAY KUMAR GOYAL ASHOK SANGWAN
The present complaint has been received on 29.11.2019. The reply on behalf of respondent no. 1 to 4 and 6 to 8 has been received on 17.09.2024 Succinct facts of the case are as under: S.N. Particulars Details 1. Name of the project Mahendra Meados, Sector-67, Gurugram-Manesar Urban Complex 2. Nature of the project Residential Apartment 3. Allotment letter 18.11.2009 (page 34 of complaint) 4. Unit type 3BHK (unit number not mentioned) (page 34 of complaint) 5. Admeasuring area 1353 sq. ft. (page no. 34 of complaint) 6. Date of execution of buyer’s agreement N/A 7. Possession clause N/A 8. Due date of possession N/A 9. Basic sale consideration Rs. 67,50,000/- (As alleged by the complainant ) 10. Paid up amount Rs. 67,50,000/- (As alleged by the complainant ) 11. Offer of possession Not offered 12. Occupation certificate/completion certificate Not obtained 13. Special Power of Attorney (remarks) At page no. 32 of complaint, the complainant i.e. B.K Sudarshan drafted special power of attorney in favour of the GPA holder on 11.02.2014 but same was executed on 29.09.2017. The proxy counsel for the complainant states that the respondent-builder purchased some land from the complainant, who also assisted the respondent in buying the land from the third party, in exchange for compensation. As part of the compensation, the respondent-builder allotted 4 units in favour of the complainant in year 2009. In the year 2013 and 2016, the complainant sent various legal notices dated 29.04.2013 & 17.06.2016 for allotment of unit and handing over the possession of the units but respondent-builder did not pay any heed to the complainanat. Thereafter, the complainant moved a complaint before the AGRF (Allottee Grievances Redressel Forum) against the respondent. The enquiry of the matter has been sent by the Deputy Commisioner-cum-Chairman, AGRF, Gurugram to the District Town Planner, Gurugram vide letter dated 08.08.2016. Enquiry report has been sent by the District Town Planner, Gurugram to the Deputy Commisioner-cum-Chairman, AGRF stating that “the complainant has submitted the relevant documentary proof showing the allotment letter duly signed by the representative of the said company. However, inspite of repeated meetings and best possible efforts matter could not be resolved at the office of this level. Detailed facts for resolving the grievances of the complainants! This office is of the view that the matter shall be heard at a higher platform and if agreed the same may be placed before next AGRF meeting wherein the official / officer from the office of DGTCP shall also bring the facts related to the license / transfer license / issues raised in the Hon'ble High Court along with the status. All the relevant documents submitted by the complainant and the reply of the colonizer are attached herewith for reference”. The proxy counsels for both the parties seek an adjournment to argue the matter. The complaint is pending since 29.11.2019 which is more than 5 years. There is no justification for adjourning the matter any further. The parties are directed to file written submissions within a period of 2 weeks with an advance copy to each other. Order reserved. Matter to come up no 18.02.2025 for pronouncement of order.
Stage: RESERVED
17DEC 2024
Hearing
Judge: ARUN KUMAR ASHOK SANGWAN
Matter to come up on 28.01.2025 before the full bench for final arguments.
Stage: PENDING
17SEP 2024
Hearing
Judge: VIJAY KUMAR GOYAL ASHOK SANGWAN
The present complaint has been received on 29.11.2019. the reply on behalf of respondent has not been received within the stipulated time period despite service of notice. Therefore, in view of order dated 21.11.2023, the defence of the respondent was struck off. The present complaint is filed by the B K Sudarshan through GPA HOLDER Pandit R C Jha. In the present case, the complainant has already issued a special power of attorney dated 11.02.2014 in favour of Sh. Pandit R C Jha which is annexed as Annexure C-1 at page 30 of the complaint. A general power of attorney is a document through which one person (principal) appoints another person (GPA) to do all acts specified therein, for or on behalf of the principal. On last date of hearing i.e. 21.11.2023, the complaint filed by the complainant through GPA holder was held maintainable in the eyes of law. The respondent was directed to file reply within a period of 2 weeks with an advance copy to the complainant. However the counsel for the respondent is filing reply in the registry today itself as copy of the same has been supplied to the counsel of the complainant who acknowledges its receipt. Matter to come up on 17.12.2024 before the full bench for further proceedings.
Stage: PENDING
2JUL 2024
Hearing
Judge: ARUN KUMAR VIJAY KUMAR GOYAL SANJEEV KUMAR ARORA
The present complaint has been received on 29.11.2019. The reply on behalf of respondent has not been received within the stipulated time period despite service of notice. Therefore, in view of order dated 21.11.2023, the defence of the respondent was struck off. The present complaint is filed by the B K Sudarshan through GPA HOLDER Pandit R C Jha. In the present case, the complainant has already issued a special power of attorney dated 11.02.2014 in favour of Sh. Pandit R C Jha which is annexed as Annexure C-1 at page 30 of the complaint. A general power of attorney is a document through which one person (principal) appoints another person (GPA) to do all acts specified therein, for or on behalf of the principal. On last date of hearing i.e. 21.11.2023, the complaint filed by the complainant through GPA holder was held maintainable in the eyes of law. The respondent was directed to file reply within a period of 2 weeks with an advance copy to the complainant. Till date no reply has been filed by the respondent builder so far. The counsel for the respondent requests 2 weeks time for filing the reply which could not be filed earlier as the allotment letter was issued in the year 2009 by the director who is not with the company. Further, the project has not taken up and no licence is obtained and no development works initiated. The respondent is given one last opportunity to file reply to the complaint within 2 weeks with an advance copy to the complainant. The counsel for the complainant states that complainant is seeking direction for handing over of possession while in the complaint the relief sought is of refund alongwith interest and hence to clarify the relief being sought. Matter to come up on 17.09.2024 for further proceedings.
Stage: PENDING
19MAR 2024
Hearing
Judge: ASHOK SANGWAN VIJAY KUMAR GOYAL SANJEEV KUMAR ARORA
The present complaint has been received on 29.11.2019. The reply on behalf of respondent has not been received within the stipulated time period despite service of notice. On last date of hearing i.e. 21.11.2023, the complaint filed by the complainant through SPA holder was held maintainable in the eyes of law. The respondent was directed to file reply within a period of 2 weeks with an advance copy to the complainant. The proxy counsel for the respondent stated that the application with complete annexures has not been received by him. The proxy counsel for the complainant has handed over the complete copy of restoration application with annexures which is duly acknowledged by the counsel for the respondent. The respondent is directed to file reply to the main complaint within a period of 3 weeks with an advance copy to the complainant. Matter to come up on 02.07.2024 for further proceedings.
Stage: PENDING
16JAN 2024
Hearing
Judge: ARUN KUMAR VIJAY KUMAR GOYAL ASHOK SANGWAN SANJEEV KUMAR ARORA
Coram of full bench is not complete. Hence the case is adjourned to 19.3.2024 for the purpose already fixed.
Stage: PENDING
21NOV 2023
Hearing
Judge: ASHOK SANGWAN SANJEEV KUMAR ARORA
The present complaint is filed by the B K Sudarshan through GPA HOLDER Pandit R C Jha. The question arises whether the complaint filed by the GPA is maintainable or not? A general power of attorney is a document through which on person (principal) appoints another person (GPA) to do all acts specified therein, for or on behalf of the principal. In the present case, the complainant has already issued an SPA dated 11.02.2014 in favour of Sh. Pandit R C Jha which is annexed as Annexure C-1 at page 30 of the complaint. Hence, the complaint filed by the complainant through GPA holder is maintainable in the eyes of law. Till date no reply has been filed by the respondent builder. The respondent is directed to file reply within a period of 2 weeks with an advance copy to the complainant. Matter to come up on 16.01.2024 for final arguments.
Stage: PENDING
12SEP 2023
Hearing
Judge: ASHOK SANGWAN SANJEEV KUMAR ARORA
The aforesaid complaint was dismissed in default for non-appearance of the complainant vide order dated 22.11.2022 of the authority. The said order of the authority has been reproduced hereunder: - “None is present on behalf of the complainant for the second consecutive date. The newly appointed counsel for respondent Nos. 1 & 2 states at bar that neither any allotment letter nor any BBA has been issued in favour of the complainant-allottee and neither any kind of sale consideration has been received from the complainant allottee against any specific unit. However, the respondent No.3 without any authorization has issued only a letter stating allotment of two units without any specific number and does not specify any kind of amount received for the same. Further, no proof of payment has been attached even by the complainant with the complaint submitted in the authority and the complainant has filed four separate complaint and in two number of complaints the photocopy of same letter has been copied. None is present on behalf of the complainant today. In view of the same, the matter is dismissed in default for non-appearance of the complainant. File be consigned to the registry.” The complainant-applicant filed an application dated 13.01.2023 for restoration of the complaint stating that the complainant was out of station and the counsel for complainant also failed to appear due to personal reason and requested to restore the above-mentioned complaint. None present on behalf of the respondent. Order reserved for consideration. Matter to come up on 21.11.2023 for further proceedings.
Stage: RESERVED
22NOV 2022
Hearing
Judge: VIJAY KUMAR GOYAL ASHOK SANGWAN SANJEEV KUMAR ARORA
RE-OPENED
Stage: RE-OPEN/PENDING
21SEP 2022
Hearing
Judge: K K KHANDELWAL VIJAY KUMAR GOYAL
In order to constitute new bench and to revised roaster of cases, matter is adjourned to 22.11.2022 for further proceedings.
Stage: PENDING
24MAY 2022
Hearing
Judge: K K KHANDELWAL VIJAY KUMAR GOYAL
None is present on behalf of either of the side despite repeated calls and waiting upto 2.25 PM. However, after 15 minutes, the proxy counsel Shri Pawan Kumar Shekhawat appeared on behalf of the complainant and requested for a short adjournment. The counsel for respondent No.3 also could not join earlier due to technical glitch and is filing vakalatnama today. In view of above, the case is adjourned to 21.09.2022 for further proceedings.
Stage: PENDING
4MAY 2022
Hearing
Judge: K K KHANDELWAL VIJAY KUMAR GOYAL
Due to paucity of time, matter could not be heard. Matter to come up on 24.5.2022 for the purpose already fixed.
Stage: PENDING
14MAR 2022
Hearing
Judge: RAJINDER KUMAR
In view of judgment dated 11.11.2021 in title- Ms Newtech Promoters and Developers Pvt Ltd. Vs State of UP Ors. Etc. passed by the Apex Court this forum has no jurisdiction to adjudicate the complaint in hand. File is being transferred to the Authority. Next date will be notified later on by the Authority.
Stage: PENDING
25NOV 2021
Hearing
Judge: RAJINDER KUMAR
None for respondent. Counsel for complainant submits that he will file written submissions. Be filed before next date. To come on 14.03.2022 for further proceedings.
Stage: PENDING
29SEP 2021
Hearing
Judge: RAJINDER KUMAR
Short adjournment is requested on behalf of complainant stating that main counsel could not come today. Allowed. 2. To come on 25.11.2021 for arguments.
Stage: PENDING
14JUL 2021
Hearing
Judge: RAJINDER KUMAR
None for the parties except Shri Jai Singh, stated to be clerk of the counsel for the complainant. 2. To come on 29.09.2021 for arguments.
Stage: PENDING
24MAR 2021
Hearing
Judge: SUBHASH CHAND GOYAL
Previous order has not been complied with. Let it be complied within the time schedule given in it and the matter be put up on 14.07.2021 for arguments.
Stage: PENDING
12JAN 2021
Hearing
Judge: SUBHASH CHAND GOYAL
Both the parties put in appearance through their respective counsel/their AR. 2. This complaint relates to refund and was filed in form CRA before the Hon’ble Authority. But in view of nature of relief, the same is to be filed in form CAO before this forum. So, let the same be filed within 15 days in form CAO with an advance copy to the other side. 3. Written reply, if any, alongwith complete list of documents consisting of sanctioned plan of the project of the allotted unit, statement of account of the complainant’s unit, environment clearance certificate and the latest status report of the project duly verified by a responsible person connected with the construction department by way of an affidavit be filed with an advance copy to the complainant 15 days prior to the date fixed. 4. Let the matter be put up on 24.03.2021 for arguments.
Stage: PENDING
18NOV 2020
Hearing
Judge: SUBHASH CHAND GOYAL
THE CASE IS ADJOURNED TO 12.01.2021
Stage: PENDING
29SEP 2020
Hearing
Judge: SUBHASH CHAND GOYAL
DUE TO PREVAILING COVID-19 PANDEMIC, THE MATTER IS ADJOURNED TO 18.11.2020
Stage: PENDING
5AUG 2020
Hearing
Judge: SUBHASH CHAND GOYAL
DUE TO PANDEMIC, THE MATTER IS ADJOURNED TO 29.09.2020
Stage: PENDING
13MAY 2020
Hearing
Judge: SUBHASH CHAND GOYAL
Due to lockdown the case is adjourned to 05.08.2020.
Stage: PENDING
20MAR 2020
Hearing
Judge: SUBHASH CHAND GOYAL
THE CASE IS ADJOURNED TO 13.05.2020
Stage: PENDING
4FEB 2020
Hearing
Judge: SUBHASH CHAND GOYAL
THE CASE IS ADJOURNED TO 20.03.2020
Stage: PENDING
5NOV 2019
Hearing
Judge: SUBHASH CHAND GOYAL
THE CASE IS ADJOURNED TO 04.02.2020
Stage: PENDING
12SEP 2019
Hearing
Judge: N/A
THE CASE IS ADJOURNED TO 05.11.2019
Stage: PENDING
22AUG 2019
Hearing
Judge: N/A
THE CASE IS ADJOURNED TO 12.09.2019
Stage: PENDING
7AUG 2019
Hearing
Judge: N/A
THE CASE IS ADJOURNED TO 22.08.2019
Stage: PENDING
14MAY 2019
Hearing
Judge: N/A
THE CASE IS ADJOURNED TO 07.08.2019
Stage: FIRST HEARING