SHASHANK MISRA AND MANISHA MISRA vs VATIKA LTD

The present complaint has been received on 28.02.2024 and the reply on behalf of respondent was received on 05.07.2024. Cost of Rs.5000/- imposed vide order dated 19.04.2024 not paid by respondent. Succent facts of the case as per complaint and annexures are as under: S. N. Particulars Details 1. Name of the project Turning Point, Sector-88 B, Gurugram 2. Nature of the project Group Housing Colony 3. RERA Registered/ not registered 213 of 2017 dated 15.09.2017 4. License no. and validity 19 of 2013 for area 18.80 acres 5. Unit no. A-002, Ground Floor 6. Unit area admeasuring 1650 [Page 14 of ccomplaint] 7. Date of application form 15.09.2016 8. Booking Amount Rs.1,90,000/- 9. Date of buyer’s agreement Not executed 10. Date of building plan approval 26.10.2013 11. Possession clause Cannot be ascertain 12. Due date of possession Cannot be ascertain 13. Total sale consideration Rs.86,62,500/- [as per SOA dated 03.09.2021 at page 18 of complaint] 14. Amount paid by the complainant Rs.10,24,354/- [as per SOA dated 03.09.2021 at page 18 of complaint] 15. Occupation certificate /Completion certificate Not obtained 16. Offer of possession Not offered The complainants are seeking refund of the deposited amount. The counsel for the respondent states that the respondent has applied for D-registration of the project .  In view of the above, matter is covered under section 18(1) of the Act ,2016 and full refund is allowed to the complainant  with prescribed rate of interest i.e. 11.10% per annum from the date of each deposit till its realization. Matter stands disposed off. Detailed orders will follow.

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. Cost of Rs. 5,000/- not paid (for not filing reply within the stipulated period given in the order dated 19.04.2024). Adjournment requested. Now the matter is listed before the Authority on 20.09.2024 for payment of cost of Rs. 5,000/- by the respondent as well as final arguments.

Vakalatnama on behalf of the respondent filed. Reply not filed. Application for providing legible copy of the complaint filed on behalf of the respondent. Now the case is adjourned for 05.07.2024. The complainant is directed to provide the legible copy of the complaint to the respondent within seven days of this order. Thereafter the respondent is directed to file reply within three weeks of receiving of the copy of complaint, in the registry with advance copy to the complainant, failing which with cost of Rs. 5,000/- to be paid to the complaint.