EKTA GARG vs SUNRAYS HEIGHTS PVT. LTD.

The present complaint was filed by the complainant on 08.04.2024 and reply on behalf of the respondent has not been filed till date. Meanwhile, the complainant has filed an application dated 09.09.2024 under Section 36 of the Haryana Real Estate Regulatory Act, 2016 requesting not to create any third-party rights with respect to the unit in question till the pendency of the complaint along with imposition of penalty for willfully disobeying and not complying and not complying with orders and directions of this Authority order dated 23.01.2024, 23.04.2024, 29.04.2024 in MA No. 233 of 2024 arising in original complaint no. 1244 of 2022. That vide order dated 29.04.2024, the Authority allowed MA No. 233/2024 of the complainant /applicant herein and has given a blanket stay on the allotted units of the buyers / complainants and has categorically directed the respondent / non- applicant to not cancel any unit/apartment in the project in respect of which more than 85% of the sale consideration has already been paid by the allottee, and further directed not create any third party rights in respect of such unit/apartment. For ready reference operative part of the order dated 29/04/2024 is reproduced herein below: "The authority hereby directs that no demands shall be raised by the respondent which are not part of the Affordable Housing Policy and no third party rights shall be created till next date of hearing. Further, the promoter is directed not to cancel any unit of the allottees of the project where more than 85% of the amount has been deposited and without following the due process prescribed in the Affordable Housing Policy." The contents of said order were published in the newspaper vide the Authority order vide orders dated 29.04.2024 in-RERA-GRG-1482-2023 (Extension Project), whereby not only the respondent/non-applicant but the public at large were sufficiently informed about the directions/order of this Authority. Despite the aforesaid order being passed in the presence of the respondent / non-applicant and sufficient publication thereof, the non-applicant acting through its directors and key managerial persons have proceeded to issue cancelation notices to the allottees in complete disobedience of this Authority.   The total consideration of the flat was Rs 14,82,480/- and the complainant had paid an amount of  Rs 11,49,942/- (exclusive of tax) as and when the demand were raised by the respondent / non applicant. The only last demand, which is not yet raised by the respondent is pending.    None is present  on behalf of the respondent.   The counsel for the applicant allottee states that the allottee has made payment of more than 90% of the amount due and the complainant is threatening to cancel the unit of the allottee  on non-payment of final instalment while the OC for the project is yet to be received.   Matter to come up on 09.10.2024 the date already fixed in this case for further proceedings. Meanwhile, the respondent is directed to maintain status quo w.r.t the unit of the complainant till the decision of the case.

Memorandum of appearance filed on behalf of the respondent. Reply not filed. Adjournment requested. Now the case is adjourned for 09.10.2024.                       Respondent is directed to file reply within three weeks of this order, in the registry with advance copy to the complainant, and in case reply not filed within three weeks of this order than reply be filed with cost of Rs. 5,000/-to be paid to the complaint.