SMT NEETU MANOCHA vs RAHEJA DEVELOPERS LTD

The present complaint was filed on 08.06.2022 and the reply on behalf of respondent has been filed on 17.102023. The counsel for the complainant is seeking refund of the amount deposited by the complainant for allotment of plot in the project of the respondent.   The BBA was executed between the parties on 20.09.2014  and in terms of clause 4.2 of the BBA,  the possession of the plot was required to be handed over within a period of 36 months from the date of execution of BBA plus 6 months grace period. However,  the Completion Certificate for the project is yet to the received even after delay of more than 9 years of booking.   The counsel for the respondent states that  the CC for the phase in which the plot of the complainant is situated is yet to be applied.  However,  he also points out to clause 4.3 of the BBA according to which in case there is failure to provide infrastructure facilities by the Govt./its agency then the purchaser would not be eligible to seek compensation for delay.  He further states that the respondent is ready to sit to explore the possibility of a settlement to which the counsel for the complainant denies and states that the complainant wishes to withdraw from the project and seeks refund under section 18 of the Act,  2016.    Arguments heard. Order reserved.   The parties may file written submissions within a period of 2 weeks with an advance copy to each other.   Matter to come up on 03.04.2024  for pronouncement of order.

The present complaint was filed on 08.06.2022. and the reply on behalf of respondent has been filed on 17.10.2023. The counsel for the complainant has appeared on behalf of the complainant today and filed memo of appearance and seeks a short adjournment to argue the matter. Request is allowed. Matter to come up on 31.01.2024 for further proceedings.

Case has been called out but no one has appeared on behalf of the parties.  One more and final opportunity is granted to the parties to appear and to argue the matter. Matter to come up on 08.11.2023 for further proceedings.