MS RATNASHRI BUILDTECH PRIVATE LIMITED vs PIONEER URBAN LAND AND INFRASTRUCTURE LTD.

Order reserved. Matter to come up on 08.07.2025 for pronouncement of order.

The present complaint has been received on 09.02.2024 and registered as complaint no. 353 of 2024 and reply on behalf of respondent was received on 30.05.2024. On 01.07.2024, the counsel for the respondent filed an application for cancellation and termination of allotment letter dated 09.11.2010 and buyer’s agreement dated 08.12.2010. The counsel for the complainant may file response to the aforesaid application within 2 weeks with an advance copy to the respondent. Matter to come up on 22.04.2025 for further proceedings.

The present complaint has been received on 09.02.2024 and registered as complaint no. 353 of 2024 and reply on behalf of respondent was received on 30.05.2024. On 01.07.2024, the counsel for the respondent filed an application for cancellation and termination of allotment letter dated 09.11.2010 and buyer’s agreement dated 08.12.2010. The counsel for the complainant request that matter may be heard by full bench in view of the various issues involved including the attachment order passed by Income Tax Department vide which the account of company as well as the said property was attached and hence, the payment could not be made. Further states that complainant had already paid more than 90% of sale consideration and there was delay in offering the possession and undue demand has been raised and hence, request for allowing DPC and direction for handing over of possession. The counsel for the respondent states that an application has been filed by the respondent seeking cancellation of the allotment letter in view of Rule 8 of the Rules, 2017 and read with clause 9.3 of the Model Buyer agreement which provides for cancellation on account of non-payment and not taking possession despite offer of possession made way back in 2017. The OC was received on next day i.e. 14.11.2017 but offer was made on 13.11.2017 itself. Further states that the Income Tax Department  attached the property of the complainant not the bank account. The counsel for the complainant states that they do not wish to file any reply to the above application although denies the submissions made in the application. Matter to come up before the Full Bench on 07.01.2025 for further proceedings.

Reply filed by the respondent in the registry today taken on the record. Copy of reply also supplied to the learned counsel for the complainant. As pleadings are complete so matter is listed before the authority on 19.09.2024 for final arguments.

Notice sent to the respondent through post not received either served or not served. As service of respondent is not proper so fresh notice to the respondent through post be issued to for 30.05.2024.