ASHU TANDON vs ASTER INFRAHOME PVT. LTD.

The present complaint has been received on 25.08.2023 and the reply on was received on 02.11.2023. On the last date of hearing i.e., 18.04.2024, the proxy counsel for the respondent has moved an application under Order 6 Rule 17 of CPC, 1908 and a copy of the same has been supplied to the counsel for the complainant during proceedings.  The counsel for the complainant was directed to file reply to the said application within 15 days with an advance copy to the respondent. The complainant has filed the reply of the said application on 03.05.2024. The counsel for the complainant further, stated that the respondent to restrain to create third party rights as the complainant /allottee has already paid substantial consideration money and after filing the complaint before the authority for DPC, the counsel of the respondent has sought an adjournment on earlier occasion on 30.11.2023 and 08.02.2024.   The respondent has filed an application under Section 151 of CPC, 1908 wherein stating that the Hon’ble Court of Smt. Sakshi Saini Learned Civil Judge on the basis of certain documents and figures after obtaining confirmation from the said department pleased to grant due date of offer of possession as July 2021. The counsel for the complainant is directed to file the response of the said application within a period of 15 days with an advance copy to the counsel for the respondent The counsel for the complainant states that the complainant has paid already 75% payment of the sale consideration. While offer of possession the respondent/promoter has raised extra amount of Rs.8 lac. The counsel for the respondent stated that due to non-payment of outstanding amount despite reminders, the unit has been cancelled and the amount has been refunded in the account of the complainant/allottee and its details are being filed in the registry. The counsel for the complainant along with complainant stated that amount has been transferred in their account without any consent and are also ready to pay back the amount and delays in payment of instalment was due to non-adjustment of DPC and undue charges were being demanded. Part arguments heard. Both the parties may submit their written submissions within 4 weeks with an advance copy to each other. Matter to come up on 01.10.2024 for final arguments and orders.

The  proxy counsel for the respondent has moved an application under Order 6 Rule 17 of CPC today and a copy of the same has been supplied to the counsel for the complainant during proceedings.  The counsel for the complainant is directed to file reply to the said application within 15 days with an advance copy to the respondent. The counsel for the complainant states that the respondent to restrain to create third party  rights  as the complainant allottee has already paid substantial consideration money and after filing the complaint before the authority for DPC, the counsel of the respondent has sought an adjournment on earlier occasion on 30.11.2023 and 08.02.2024. The counsel for the respondent states that due to non payment of outstanding amount despite reminders,  the unit has been cancelled and the amount has been refunded in the account of the complainant allottee and its details are being filed in the registry.     The counsel for the complainant alongwith complainant states that amount has been transferred in their account without any consent and are also ready to pay back the amount and delays in payment of instalment was due to non adjustment of DPC and undue charges were being  demanded. Matter be put up before the full bench on 09.07.2024 for further proceedings.

The present complaint has been received on 25.08.2023 and the reply on was received on 02.11.2023, and also filed an application under Section 151 of CPC, 1908 wherein stating that the Hon’ble Court of Smt. Sakshi Saini Learned Civil Judge on the basis of certain documents and figures after obtaining confirmation from the said department pleased to grant due date of offer of possession as July 2021. The similar matters of the project are fixed before the full bench for 19.03.2024 wherein a view regarding the due date of handing over of possession is to be taken.  The counsel for the complainant states that matter is already decided by the authority in CR No.582/2022 and requesting for the relief in terms of the above order. The proxy counsel for the respondent requests for a short adjournment due to  non availability of main counsel.  The counsel for the respondent to file a copy clarifying date of obtaining EC and approval of building plans. Matter to come up on 18.04.2024 for further proceedings.

The present complaint has been received on 25.08.2023 and the reply on was received on 02.11.2023. The counsel for the complainant states that copy of reply has not yet received from the respondent. The counsel for the respondent may supply a copy of reply to the counsel for the complainant within a period of 7 days. Matter to come up on 08.02.204 for further proceedings.