JAGAT SINGH vs ANSAL HOUSING & CONSTRUCTION LTD.

The present complaint was filed on 13.02.2024 and reply on behalf of respondent was received on 13.03.2024. The counsel for the complainant has filed an application dated 07.06.2024 u/s 151 CPC seeking modification of order dated 23.05.2023 as ad-interim ex-parte order in favor of complainants, permanently restraining respondents to create any third-party rights pertaining to the unit and maintaining status -quo regarding title and possession of unit. The authority vide order dated 23.05.2023 directed the complainant to clear the outstanding payments within 45 days till then no cancellation shall be affected. The complainant contended that after the said order, the complainant visited and requested the respondent to take the payment and clear the dues but there is dispute regarding 8th and 9th installments paid by the complainant. Similar matters are already listed before full bench hence this matter be put up before the full bench on 17.12.2024 for further proceedings.

The present complaint was filed on 13.02.2024 and reply on behalf of respondent was received on 13.03.2024. On 13.05.2024, the complainant filed an application for ex-parte ad-interim injunction to create any further third-party rights pertaining to the unit and maintaining status-quo regarding title and possession of the unit in question. The counsel for the respondent along with AR states that the unit is not yet cancelled and nor any third party rights has been created and otherwise is in final stage of completion and hence, the allottee is required to make the payment of outstanding amount as per BBA.  The signing of addendum agreement will not be insisted. The payment of outstanding shall be made within 45 days till then no cancellation shall be effected. The counsel for Ansal Housing & Construction Limited (R2) requests for 2 weeks time to file the reply which may be filed within 2 weeks with an advance copy to the complainant. Matter to come up on 05.09.2024 for further proceedings.

Notice sent to the respondents through email ([email protected] and [email protected])  duly served on 15.02.2024. Notice sent to both the respondents through post (EH076079310IN and EH076079306IN) duly served on 19.02.2024. Despite calls none appeared on behalf of the respondent no. 1. Reply filed by the respondent no. 2 along with application under Order 7 Rule 11 CPC in the registry today taken on record. Now the case is adjourned for 23.05.2024 for filing reply of complaint by respondent no. 1 subject to last opportunity. Reply of application under Order 7 Rule 11 CPC be also filed on that date by the complainant.