SH SANJAY AGGARWAL vs RAMPRASTHA ESTATES PVT. LTD.

Matter to come up on 01.07.2025 for further proceedings.

The present complaint has been received on 03.12.2021 and the reply on behalf of respondent was received on 21.03.2022. The rejoinder was filed by the complainant on 22.04.2022. The proxy counsel for the complainant seeks a short adjournment as the arguing counsel is not available today.  Request is allowed. Matter to come up on 22.04.2025 before the full bench for further proceedings.

The present complaint has been received on 03.12.2021 and the reply on behalf of respondent was received on 21.03.2022. The rejoinder was filed by the complainant on 22.04.2022. The complainant submitted that vide receipt dated 19.07.2006, he has paid an amount of Rs.4,50,000/- to the respondent/promoter. The respondent confirmed the amount received and promised the allotment of a plot admeasuring 250 sq. yards. in the future potential project located in Gurugram and subsequently vide letter dated 31.07.2018 the respondent has reiterated that having received the final basic price of the plot admeasuring 250 sq. yards vide receipt No. D449 dated 19.07.2006 and have informed that DTCP has granted the respondent 2 plotted licences and the company had applied for other approvals which are pending at the level of Government  and have assured that upon receiving the appropriate sanctions and licences they will inform the complainant about allotment of plot on priority basis. Vide order dated 07.11.2023, the respondent was directed to file an affidavit before the Authority as to the status of the project in which the allotment of plot is to be made to the complainant and  the time by which the allotment shall be made before the next date of hearing. No affidavit is yet filed by the respondent. The respondent is directed to file the affidavit  within a period of one week in the registry of the authority. Matter to come up on 24.09.2024 for further proceedings.

Vide resolution No.3026 dated 22.03.2024 a request has been received from District Bar Association,  Gurugram that on account of “Hola” i.e. 0n 26.03.2024,  the Hon’ble High Court of Punjab & Haryana and District Court remains closed, hence,  the matter is adjourned to  02.07.2024   for the purpose as already fixed.v

Coram  of full bench is not complete.  Hence the case is adjourned to  26.3.2024    for the purpose already fixed.

The present complaint has been received on 03.12.2021 and the reply on behalf of respondent was received on 21.03.2022. The rejoinder was filed by the complainant on 22.04.2022. Succinct facts of the case as per pleadings and annexures are as under:   S. N. Particulars Details 1. Name of the project Cannot be ascertained 2. Project area Cannot be ascertained 3. Plot no. N.A. 4. Unit area admeasuring 250 sq. Yds. (Page no. 28 of the complaint) 5. Date of booking application N.A. 6. Welcome letter N.A. 7. Allotment letter N.A. 8. Date of execution of plot buyer’s agreement N.A. 9. Possession clause N.A. 10. Due date of possession Cannot be ascertained 11. Basic price of the plot Cannot be ascertained 12. Amount paid by the complainant Rs.4,50,000/- [As per receipt information page no. 28 of complaint] The complainant submitted that vide receipt dated 19.07.2006, he has paid an amount of Rs.4,50,000/- to the respondent/promoter. The respondent confirmed the amount received and promised the allotment of a plot admeasuring 250 sq. yards. in the future potential project located in Gurugram and subsequently vide letter dated 31.07.2018 the respondent has reiterated that having received the final basic price of the plot admeasuring 250 sq. yards vide receipt No.D449 dated 19.07.2006  and have informed that DTCP has granted the respondent 2 plotted licences and the company had applied for other approvals which are pending at the level  of Government  and have assured that upon receiving the appropriate sanctions and licences they will inform the complainant about allotment of plot on priority basis. The AR of the respondent states at bar that the respondent is committed to the allotment of plot to the complainant on completion of the formalities for which  registration has already been granted but zoning and service estimates are awaited. The AR requests for filing the status of the project as well as estimated time for offer of the possession after above pending approvals. The respondent is directed to file an affidavit before the Authority as to the status of the project in which the allotment of plot is to be made to the complainant and  the time by which the allotment shall be made before the next date of hearing. Matter to come up on 16.01.2024 for further proceedings.

The present complaint has been received on 03.12.2021 and the reply on behalf of respondent was received on 21.03.2022. The complainant submitted that vide receipt dated 19.07.2006, he has paid an amount of Rs.4,50,000/- to the respondent/promoter. The respondent confirmed the amount received and promised the allotment of a plot admeasuring 250 sq. yards. in the project namely “Ramprastha City” located in Gurugram. Till date, the respondent has miserably failed to allot a designated unit/plot to the complainant. The complainant being tired of the neglectful behavior of the respondent filed the present complaint pleading for possession of the plot along with delayed possession charges and execute the conveyance deed and others documents as per law before this authority. The respondent vide reply dated 21.03.2022 submitted that the complaint is time barred by limitation as the complainant made the payment in the year 2006 and thereafter it never came forward for booking application form and buyer’s agreement. Accordingly, the complaint is liable to be rejected. Moreover, the complainant was aware from the very inception that it is making payment w.r.t. future project which is not yet launched.   The proxy counsel for the complainant requests for a short adjournment as the main arguing counsel is not available today due to death in the family of close friend. Request is allowed. Matter to cone up on 07.11.2023 before the full bench for further proceedings.

Shri Navneet Kumar Advocate has appeared on behalf of the respondent and states that the arguing counsel is stuck in very heavy traffic jam at Delhi /Noida and is unable to appear before the authority and requests for a short adjournment for  one  week. Keeping in view the circumstances explained above,  the matter is adjourned to 27.07.2023  for final arguments. It is made clear that no further adjournment shall be granted to the respondent.

Due to paucity of time, the matter could not be head. Matter to come up on 13.7.2023 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 13.01.2023 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.

The Authority is pre-occupied in organizing Conclave of Resident Welfare Association,  Gurugram to be held on 29.04.2022  and as such, in view of the same, the matter is adjourned to 19.08.2022 for the purpose as already fixed.

The present complaint was filed on 19.01.2022 and registered as complaint no. 5180 of 2021. As per the registry, complainant has 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 was submitted by the complainant as available in the file. The registry of the authority also sent a notice along with a copy of the complaint through speed post of which delivery confirmed on 27.01.2022 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 at the following email address [email protected]. The same is shown to have been delivered on the above email address as per the report available in the file. It is proper service of the notice.          Written reply has not been received so far on behalf of the respondent.   The counsel for the respondent requests for  a short adjournment for filing of the reply  as  the copy of complaint has been received by her  only 2-3  days back.                       The respondent is directed to file reply within two weeks i.e. by 01.03.2022 in the registry with an advance copy to the complainant. Last opportunity is being granted. In case reply is not filed within the time allowed, the defense of the respondents may be struck off.                                The matter to come up on 28.04.2022 for further proceedings.