MUKUL CHANDRA AGARWAL vs VSR INFRATECH PVT.LTD.

The present complaint was received on 16.10.2020 and reply was filed by the respondent on 06.04.2023. Succinct facts of the case as per complaint and annexures are as under: S.N. Particulars Details 1. Name of the project “68 Avenue”, Sector 68, Gurugram 2. Project area 3.231 acres 3. Nature of the project Commercial Colony 4. DTCP license no. and validity status 4 of 2012 dated 23.01.2012 valid upto 22.01.2020 5. Name of licensee Sh. Yad Ram and Smt. Kalawati 6. RERA Registered/ not registered 119 of 2017 dated 28.08.2017 7. RERA registration valid up to 30.06.2018 8. Unit no. SA7-58, 7th floor, Tower A (Page 20 of the complaint) 9. Unit area admeasuring 734 sq. ft. (Super area) 10. Space Buyer’s Agreement  25.03.2013 (Page 18 of complaint) 11. Possession clause 31. Possession Time and Compensation “The company will be based on its present plans and estimates contemplates to offer possession of the said unit to the allottee(s) within 36 months of signing of this Agreement or within 36 months from the start of construction of the said building whichever is later with a grace period of 3 months, subject to force majeure events or governmental action/inaction”. (As per BBA at page   26 of the complaint) 12. Due date of possession 25.06.2016 (Calculated to be 36 months from date of agreement i.e., 25.03.2013 excluding grace period of 3 months) 13. Total sale consideration Rs. 53,35,072/- (As per BBA at page 21 of the complaint) Rs. 63,31,355/- (As per SOA at page 162 of reply) 14. Amount paid by the complainants Rs. 52,56,400/- (As alleged by complainant at page 7 of complaint) Rs. 52,70,940/- (As per SOA at page 162 of reply) 15. Occupation certificate /Completion certificate 02.08.2019 (Page 91 of the reply) 16. Offer of Possession  30.08.2018 (Page 63 of the complaint and page 52 of reply)  17. Refund Request (e-mail) 18.10.2016 (Page 48 of the complaint)   The complainant has sought the following relief(s): 1.     Refund Rs.52,56,400/- along with interest @ 18% p.a. 2.     Rs. 20,00,000/- for loss of rentals which occurred due to delay in project delivery. 3.     Rs. 20,00,000/- exemplary damages for mental agony and pain and loss of time and money. 4.     Rs. 1,10,000/- legal expenses. The said unit in question of the complainant has been attached by ED under PMLA and no further proceedings in the matter can take place. This information was brought to the notice of the Authority by an application filed by respondent dated 19.10.2023. During the last hearing dated 31.01.2024, the counsel for the complainant sought time to file reply to application for dismissal of complaint filed by the respondent on the ground that the subject property has been attached under PMLA proceedings by ED.       On asking of the Authority,  whether there is any direction of ED or any other Authority against proceeding in the present matter,  the counsel for the respondent states that to the knowledge of the counsel, there are no such orders.  However,  the counsel for the complainant has not filed  any affidavit to that effect with the reply. The counsel for the complainant states at bar that no formal orders for attachment of the property have been issued. Arguments heard. Matter to be heard on merits on 17.09.2024.

The present complaint was received on 16.10.2020 and reply was filed by the respondent on 06.04.2023. The said unit in question of the complainant has been attached by ED under PMLA and no further proceedings in the matter can take place. This information was brought to the notice of the Authority by an application filed by respondent dated 19.10.2023. During the last hearing dated 31.01.2024, the counsel for the complainant sought time to file reply to application for dismissal of complaint filed by the respondent on the ground that the subject property has been attached under PMLA proceedings by ED. The counsel for the complainant states that the reply  to the application for dismissal has been sent to the counsel for the respondent. However, no copy  of the reply has been submitted in the registry of the authority.  The counsel for the complainant is directed to file a copy of the same in the registry of the authority within a period of one week. Matter  be put up before the full bench on 09.07.2024  for further proceedings.

The present complaint was received on 16.10.2020 and reply was filed by the respondent on 06.04.2023. The counsel for the complainant wishes to file reply to the application for dismissal filed by the respondents on the ground that the subject property has been attached under PMLA proceedings by ED.  He states that the averments made by the respondent are incorrect. The said reply may be filed within a period of one week in the registry of the authority. A copy of the reply has been handed over to the counsel for the respondent during proceedings. Matter to come up on 10.04.2024 for further proceedings.

The present complaint was received on 16.10.2020 and reply was filed by the respondent on 06.04.2023.The counsel for the complainant filed power of attorney todayThe counsel for the respondent states that the property has been attached under the PLMA proceedings against the present complainant and no further proceedings in the matter can take place. An application dated 19.10.2023 has been filed in this regard and a copy of the same has been supplied to the counsel for the complainant. The counsel for the complainant filed power of attorney today and seeks 4 weeks time to file the reply to the application.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 complainant. The counsel for the respondent states that the unit in question has been attached under the PMLA proceedings. An application in this regard  is being filed separately.  Matter to come up on 25.10.2023 for further proceedings.

The complainant has filed a copy of order dated 09.11.2021 regarding withdrawal of the compliant from the NCDRC.  The counsel for the respondent has supplied a copy of reply of the complaint to the proxy counsel for the complainant during proceedings and is filing the same in the registry today itself. Matter to come up on 19.07.2023 for final arguments.

Arguments heard regarding maintainability of the complaint before RERA when already the same matter a complaint is pending before the NCDRC.   The counsel for the complainant based  his argument the remedy under RERA and NCDRC are concurrent , as held in Pioneer Urban Land Versus Union of India in case No.2019 8 SCC 416.  Keeping in view the judgment  M/s Ireo  Grace Realtech Pvt. Lt. Versus Abhikesh Khanna  and others 2021 SC-3 SCC 241, the complaint is disallowed with a liberty to the complainant to withdraw the complaint from the NCDRC and file a separate application thereafter with the RERA.            The complainant is filing copy of order of NCDRC regarding withdrawal of a complaint from NCDRC. He is further directed to submit the copy of the same in registry of the authority today itself after supplying a copy of the same to the counsel of the complainant.                  The counsel for the respondent is also willing to file reply which shall be doing within a period of 3 weeks after supplying a copy to the complainant.               Matter to come up on 05.04.2023  for further proceedings.

Proceedings were adjourned due to administrative reasons.  Therefore,  no hearings. Adjourned to 15.2.2023   for the purpose as already fixed.

The proxy counsel for the respondent states at bar that the main counsel Ms. Shriya Takkar is suffering from dengue fever and has requested for adjournment. In view of the same,  request is allowed. Matter to come up on 21.12.2022 for further proceedings.

Arguments heard regarding maintainability of the complaint before RERA when already the same matter a complaint is pending before the NCDRC.   The counsel for the complainant based his argument the remedy under RERA and NCDRC are concurrent , as held in Pioneer Urban Land vs. Union of India in (Case No.2019 8 SCC 416).  Keeping in view the judgment in M/s Ireo Grace Realtech Pvt. Ltd. vs. Abhikesh Khanna and others (2021 SC-3 SCC 241), the complaint is liable to be disallowed with a liberty to the complainant to withdraw the complaint either from the NCDRC or RERA by filing  a separate application after withdrawal the complaint from NCDRC. The proxy counsel requests for a short adjournment as the main counsel is not available for arguments. Matter to come up on 21.10.2022 for further proceedings.

In view  of judgment dated 11.11.2021 in title- M/s Newtech Promoters and Developers Pvt Ltd. Vs State of UP & Ors. Etc. passed by the  Apex Court, this forum has no jurisdiction to adjudicate the complaint in hands.                              File be transferred to the Authority. Next date will be notified later on by the Authority. Reader is directed to send the file immediately.

District Bar Association, Gurugram  has suspend the court work to enable the members of District Bar Association to participate in elections of District Bar Association, Gurugram to be held today   i.e. 17.12.2021.                       In view of above, matter is adjourned to   03.02.2022 for further proceedings.

THE MATTER IS ADJOURNED TO 17.12.2021

Order is not ready due to overwork.                            To come on 30.11.2021 for order.

Due to overwork, order  is not ready. 2.                        To come on 29.10.2021 for order.

Arguments heard on an application filed by the respondent seeking rejection of complaint. 2.                      To come on 13.10.2021 for order.

It is pointed out that an application  filed by the respondent seeking dismissal of the complaint is pending for consideration. 2.                      To come on 28.09.2021 for consideration on that application as well as for arguments.

Written reply is not ready rather the respondent filed an application for dismissal of complaint. Copy supplied for its reply, if any, and the matter be put up on 14.07.2021 for arguments.

In pursuance to notice, both the parties put in appearance through their respective counsel. 2.            Copy of compliant and other document is already been supplied to the respondent. In order to avoid any ambiguity let copy of the complaint with annexures be supplied to the respondent though its counsel on e-mail (provided in the court) within a week. 3.           Let reply, if any, be filed 2 weeks prior to the date fixed with an advance copy to the other side and the matter be put up on 12.04.2021 for arguments.