SUSHILA YADAV vs SPAZE TOWERS PVT. LTD.

The resent complaint has been received on 01.04.2022 and the reply on behalf of respondent was received on 27.01.2023. The written arguments on behalf of complainant have been filed on 05.07.2023 and counter claim by respondent have been filed on 31.08.2023 The counsel for the complainant  states that no date of offer of possession is specified in the BBA and hence is relying on the orders of the Hon’ble Supreme Court/NCDRC allowing reasonable time in making of offer of possession when no date is specified in the agreement and three years period has been considered and accordingly may be considered in the above case.  The counsel for the complainant further states that besides delay in making offer of possession, the unit of the complainant is also shifted without consent and hence seeking refund of the amount deposited with interest. However, the counsel for the respondent states that the reason for change of the unit is not specified in the complaint and the unit number given in the allotment letter, offer and BBA are the same and there is no change in the location. Further the refund has been filed after offer of possession which at this belated stage is not maintainable and shall be filing written submissions alongwith citations.  The counsel for the complainant has already filed the written submissions. Matter to come up on 23.5.2024 for further proceedings.

The proxy counsel for the complainant seeks short adjournment as the main counsel is not available today. Matter to come up on 29.2.2024 for further proceedings.

The present complaint has been received on 01.04.2022 and the reply on behalf of respondent was received on 27.01.2023. The written arguments were filed on behalf of complainant on 05.07.2023. The counsel for the respondent states that the company wants to amicably settle the matter with the complainant and an e-mail intimation  has been sent to the complainant yesterday only.  One opportunity for exploring amicably settlement is being granted to both the parties failing which the matter shall be heard and decided on merits. Matter to come up on 23.11.2023 for further proceedings.

Matter is adjourned to 29.08.2023.

Both of learned counsels request for adjournment. Allowed.                            To come on 17.08.2023  at 2:00 p.m for further proceedings.

Matter is adjourned to 03.08.2023.

The counsel for the respondent requests for a short adjournment for filing of the reply and is also filing an application for mediation alongwith fee of Rs.5,000/- for exploring the possibility of amicable settlement with the complainant allottee. One opportunity for mediation is hereby granted and both the parties are directed to appear on 27.07.2023 before the Adjudicating Officer and if the mediation does not suceed the matter to come up on before the authority for final arguments on 29.08.2023.

The present complaint has been received on 01.04.2022 and the reply on behalf of respondent was received on 27.01.2023. Previous cost of Rs.5,000/- has been paid by the counsel for the respondent to the counsel for the complainant during proceedings. The counsel for the complainant seeks a short adjournment to argue the matter.  Request is allowed. Matter to come up  on 11.07.2023 for further proceedings.

The present complaint was filed on 01.04.2022 and registered as complaint no. 1195 of 2022. On the last date of hearing, Sh. Ashish Bhandari AR of the respondent appeared and was directed to file the reply by 28.07.2022 in the registry with an advance copy to the complainant. However, no written reply has been filed by the respondent. Shri Harshit Batra Advocate has appeared on behalf of the respondent and filed power of attorney today and requests for filing of the reply. The counsel for the respondent is directed to file the reply within two weeks i.e., by 21.10.2022 in the registry with an advance copy to the complainant along with a cost of Rs. 5,000/- to be paid to the complainant. Last opportunity is being granted. In case the reply is not filed within the time allowed, the defence of the respondent may struck off.           Matter to come up on 02.02.2023 for further proceedings.

The present complaint was filed on 01.04.2022 and registered as complaint No. 1195 of 2022. As per the registry, complainant has sent copy of complaint along with annexures through speed post as well as through email and proof regarding having the delivery of the complaint along with annexures made to the respondent has been submitted by the complainant as available in the file.  The registry of the authority sent a notice with a copy of the complaint along with annexures through speed post of which delivery confirmed on 16.04.2022 as per the tracking report of the speed post available in the file.  Registry has also sent the notice along with a copy of the complaint through email at following email address: [email protected], [email protected] The same is shown to have been “delivered” on the above email address as per the report available in the file.  It is proper service of the notice.               However, no reply has been received on behalf on the respondent till date. The AR of the respondent requests for an adjournment for filing of the reply. The respondent is directed to file reply within two weeks i.e., by 28.07.2022 in the registry with a copy to the complainant. Last opportunity is being granted. In case reply is not filed within the time allowed, the defense of the respondent may struck off.            Matter to come up on 07.10.2022  for further proceedings.