UPENDER VERMA vs SAVYASACHI INFRASTRUCTURE PVT LTD

Matter is adjourned to 07.01.2025.

In the present complaint the respondent had failed to file reply so far in spite of multiple opportunities and even after public notice in the newspaper. Therefore, the respondents were proceeded ex-parte vide proceedings dated 12.12.2023.         The counsel for the complainant states that there was a collaboration agreement executed on 28.06.2016 between the landowner i.e., Sharma Confectioners Pvt. Ltd. & Savyasachi Infrastructure Pvt. Ltd for the land admeasuring 97 Kanal 6 marla i.e.,12.1625 acres. Additionally, he states that the license had been granted by DTCP vide license no 37 of 2017 dated 24.06.2017 valid up to 27.06.2022 for land admeasuring 9.0375 acres only and after that the project had been registered with the interim RERA vide RC no 212 of 2017 dated 18.09.2017 valid up to 16.03.2023 (including 6 months Covid-19 extension). The license for the balance part i.e., 3.125 acres has not been granted by DTCP, Haryana and not registered with the Authority also.          Further, the counsel for the complainant states that the respondent no. 2 i.e., Sharma Confectioners Pvt. Ltd. is landowner of the project land and is equivalent to promoter as the payments have been made by the allottees to R2 also. The respondent no.2 appeared on the project site when the local commissioner visited the project site and made an enquiry for the status of   construction of the project but never put up an appearance during proceedings which shows that respondent no.2 is deliberately delaying the proceedings. The counsel for the complainant during proceedings submitted the calculation with respect to the total amount taken from the allottees and total expenditure dealt to be incurred for completion of the project and the landowner has got enough money & hence as per section 2(zk)(v) of the Act, 2016, the landowner i.e., respondent no.2 may also be held liable for discharging duties of promoter. Further the counsel requesting for the relief of possession, delayed possession interest, execution of BBA & restrain the respondent from creating any third-party rights or cancellation of allotment of unit. However, it was noted that how direction of possession for any unauthorized colony can be given by the Authority & status of said colony shall be obtained from department of Town and Country Planning. The counsel for complainant may file brief written submission alongwith details of allottees whose units are part of the registered project and the units which are not part of the registered project within 4 weeks in the registry of the Authority. Matter to come up on 08.10.2024  for final arguments/orders.

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  09.07.2024   for the purpose as already fixed.

In the present complaint the respondent had failed to file reply so far in spite of sufficient opportunities and  even after public notice in the newspaper. Therefore, the respondents  were proceeded ex-parte vide proceedings dated 12.12.2023. On last date of hearing i.e. 12.12.2023, the authority appointed a local commission of Sh. Shashank Sharma Engineer and Sh. Ramesh Kumar DSP (retired) to visit the site and submit detailed status report. The local commission has submitted the status report on 23.12.2023.     Both the parties may obtain copy of  the LC report and submit objections, if any,  within a period of two weeks. The counsel for the complainants has placed on record a tabular representation of all cases indicating the unit number, date of MoU, amount paid and total sale consideration to assist the authority. Matter to come up on 26.3.2024 for further proceedings.

The present complaint has been received on 18.08.2022. However, the respondent has failed to file reply so far in spite of sufficient opportunities.  Case has been called out but no one has appeared on behalf of the respondent today despite publication in the newspapers i.e. Hindustan Times and Dainik Bhaskar.  The above matter is pending more than one year and the respondent has not appeared even after public notice in the newspapers. In view of above there is no justification to grant any further adjournment to file the reply.  Therefore,  the respondent is proceeded exparte. The counsel for the complainant undertakes to deposit the cost of publication within one week after receiving the bill of the newspapers. In view of the peculiar facts of the case wherein  completion certificate has been received and  a few allottees have also taken paper possession but  the actual physical possession is not yet handed over and neither the entry of the complainant allottees are being allowed to ascertain the status of the plot/unit alongwith development works undertaken by the respondent. Therefore,  the authority decides to appoint a Local commission consisting of Sanshak Sharma Engineer and Shri Ramesh Kumar DSP (retired) to visit the site and submit detailed status report, who shall visit the site within next one week and to submit the site/status report within two weeks from today.  The counsel may also obtain the copy of the report of LC from the registry of the Authority. Matter to come up on 16.01.2024 for further proceedings.

The present complaint was filed in the Authority. As per the registry, complainant has sent copy of complaint along with annexures through speed post as well as through email and proof regarding having the delivery of the complaint along with annexures made to the respondent has been submitted by the complainant as available in the file.  The registry of the authority sent a notice with a copy of the complaint along with annexures through speed post.  Registry has also sent the notice along with a copy of the complaint through email at following email address: [email protected] and the same are shown to have been delivered on the above email address as per the report available in the file. None had appeared on behalf of the respondent. Keeping in view the interest of a large number of allottees,  it was decided that the respondent be served by way of substituted service i.e. by way of publication in newspaper i.e. Dainik Bhaskar and Hindustan Times.   In compliance of the above orders,  the publication of notice was done as under:-   Sr. No. Name of Newspaper Publication done 1. 2. Hindustan Times. Dainik Bhaskar 19.04.2023 25.04.2023   On last date of hearing dated 31.08.2023, the Authority appointed an enquiry officer, namely,  Shri Ramesh Kumar, retired DSP who visited the site and made efforts to meet the respondent and was advised to do the compliances as the respondents have failed to appear before the Authority even after publication of notice in two newspapers i.e., Dainik Bhaskar and Hindustan Times. Report of Enquiry Officer received on 26.09.2023 is placed on the record.  Despite notice,  the respondents have failed to appear or submit any response to the complaints inspite of sufficient opportunity. In view of the above, the respondent is proceeded exparte. Matter be put up before the full bench on 12.12.2023 for further proceedings.

Shri Pankaj Kumar Yadav Advocate has appeared  on behalf of respondent No.3 and filed power of attorney today and requesting for an adjournment for filing of reply. He is directed to submit reply within 15 days with an advance copy to the complainant. Last opportunity is granted. In case reply is not filed within the stipulated period, the defence of the respondent shall be struck off. The counsel for the complainant states that the respondent is intentionally avoiding  appearance before the Authority. Keeping in view  the interest of large number of allottees involved  in the project being developed by the respondent, the authority hereby appoints an Enquiry Officer Shri Ramesh Kumar, retired DSP to visit the site within a week and make concerted efforts to meet the respondent and advise to do the compliances as the respondent has failed to appear before the authority even after publication of notice in two newspapers i.e. Dainik Bhaskar and Hindustan Times. The concerned Enquiry Officer must submit his report within a period of 2 weeks in the authority. Meanwhile the respondent is directed not to create third party rights in the unit till further orders.  Matter to come up on 05.10.2023 for further proceedings.

The present complaint was filed on 04.11.2022 and registered as complaint No. 6942 of 2022. Registry of the authority sent a notice with a copy of the complaint along with annexures through speed post, but the same was returned undelivered with report “item returned Addressee left without instructions”. Registry has also sent the notice along with a copy of the complaint through email at following email address: [email protected],[email protected],[email protected], but the same is not delivered because the email address could not be found. Hence, the service upon the respondent could not be effected properly. Keeping in view the interest of a large number of allottees, Let the respondent be served by way of substituted service i.e., by way of publication in newspaper i.e., Dainik Bhaskar and Hindustan Times and the publication expenses shall be borne by the complainant on share basis.              The matter to come up on 31.08.2023 for further proceedings.