URVINDER SINGH KOHLI vs ASSOTECH MOONSHINE URBAN DEVELOPERS PVT. LTD
Party Details
- URVINDER SINGH KOHLI
- ASSOTECH MOONSHINE URBAN DEVELOPERS PVT. LTD
Case Summary
URVINDER SINGH KOHLI filed Case No. RERA-GRG-1502-2022 in the Haryana Real Estate Regulatory Authority (RERA) against ASSOTECH MOONSHINE URBAN DEVELOPERS PVT. LTD. The case has undergone 11 hearings over 2 years and 3 months. The case is currently pending. 20 orders have been issued in this matter.
Hearing History (11)
- 21NOV 2024Hearing
Judge: VIJAY KUMAR GOYAL
The complainant had filed an application dated 15.05.2024 for the restoration of the matter, which had previously been disposed of vide order dated 29.02.2024. The said order was subject to the final realization of the agreed amount of Rs.20,00,000/- as the DPC amount, and the handover of possession of the allotted unit as per the settlement terms between the parties. The terms of the settlement clearly stipulated that the respondent was to pay the aforementioned amount as full and final settlement and to handover possession of the allotted unit within 30 days from the passing of the order. However, it has been brought to the attention of this Authority that the respondent has neither made the payment of the agreed amount nor handed over possession of the allotted unit. On the last date of hearing, the counsel for the respondent stated that the DPC amount could not be paid due to financial constraints. However, the respondent assured that possession of the unit would be handed over within a week as the Occupancy Certificate (OC) had been received and an offer for possession had already been made. Moreover, the respondent offered a specific date for the handover of possession, on 04.10.2024, at 11:00 AM. Today, during proceedings, the counsel for the complainant stated that despite the direction of the Authority, the respondent has neither made any offer for possession nor initiated any steps towards fulfilling the settlement agreement. Upon careful consideration of the facts and circumstances of the case, the Authority observes that the terms of the settlement agreement have not been complied by the respondent, the complainant may approach Adjudicating Officer for the enforcement of the order dated 15.05.2024 which has been disposed of in terms of settlement agreement between the parties. The Adjudicating Officer shall take necessary steps for the execution of the said order in accordance with the provisions of law. The matter stands disposed of. File to be consigned to the registry.
Stage: DISPOSED
- 26SEP 2024Hearing
Judge: VIJAY KUMAR GOYAL
The complainant had filed an application dated 15.05.2024 for restoration of the matter. The above-mentioned matter was disposed of vide order dated 29.02.2024 subject to final realization of the agreed amount and handover of possession of allotted unit as per the settlement terms whereby it was agreed between the parties that respondent will pay Rs.20,00,000/- as DPC amount as full and final settlement and the possession shall be handed over within 30 days from the date of passing of said order. However, the respondent has neither paid the agreed amount nor handed over the possession of allotted unit. On last date of hearing, the respondent was directed to file reply of the above-mentioned application, however the same has not been filed till date.The counsel for the complainant states that despite having paid the full consideration amount in the year 2018 and having booked the unit way back in the year 2012 with due date of handing over of possession 20.12.2015, the unit is not yet handed over and neither the DPC amount has been paid as per settlement assured during the proceedings before the authority on 24.02.2024. The counsel for the respondent states that the DPC amount could not be paid due to financial difficulty and assures to hand over the possession within one week as the OC has already been received and offer of possession is also made. The counsel after seeking a confirmation from the respondent company assures to hand over the possession on 04.10.2024 at 11.00 AM and the complainant may visit to take over the possession of the unit. Matter to come up on 21.11.2024 for further proceedings.
Stage: PENDING
- 1AUG 2024Hearing
Judge: VIJAY KUMAR GOYAL
The complainant had filed an application dated 15.05.2024 for restoration of the matter. The above-mentioned matter was disposed of vide order dated 29.02.2024 subjected to final realization of the agreed amount and handover of possession of allotted unit as per the settlement terms whereby it was agreed between the parties that respondent will pay Rs.20,00,000/- as DPC amount as full and final settlement and the possession shall be handed over within 30 days from the passing of said order. However, in view of the assurance of counsel for the respondent, the matter was disposed off without any detailed order for which the complainant can go for execution. However, the respondent has neither paid the agreed amount nor handed over the possession of allotted unit. In view of the same, the restoration is allowed and the respondent is directed to file reply within 15 days with an advance copy to the complainant subject to cost of Rs.5000/- shall be paid to the complainant. Matter to come up on 26.09.2024 for further proceedings.
Stage: PENDING
Orders (20)
- 21NOV 2024judgementView Order ↗
Order No: N/A
- 21NOV 2024orderView Order ↗
Order No: N/A
- 26SEP 2024orderView Order ↗
Order No: N/A
Judgement DetailsView full order PDF ↗
ffHARERA :il;ilil'^'"' €l- eUnUennV Eftq"n a-qq<r *",""*",*..,-* It rtcu.aiotY Auttlotm fift{rEr qrfud{"r, fF,nq -i. i*--ai" "r{.*ri* DAY 1A PROCIEDINCSOtsTHE Day and Drte Thusrday tnd29.O2.2024 cRl1502/ Sin8h Ka 2022 Case titl€d as Urvinder hli vS Assotech Moonshine elopers Private Limited rngh Kohli Represented through 5hn Dhar iender Sehrawat.
Advocate Shrivaibh Lroonshine Urban Developers Respondent Represented through 11. t 2024 Proceeding Recorded by H R MEH'I Proce€dirys-cum- The present compla,nt has been received o behall of respondent was received on 28.04.2 on the last date oi hearinC i.e., 26.10.2023, stated that the parent company ,.e., M provisional liquidation before the Hon'bl respondent is a subsidiary company of the ab madea request forallowing zero period from He iurtherstated that the unit is completed n is also being obtained by the respondent and ofthe unitat earliest.
Moreover, the DPC will of possession to the complainant/allottee registry along with written submissions with filed a written submission on 04.01.2024, in n 12.04.2022 and the reply on )23. the counsel for the respondent /s Assotech Ltd. was Dnde. e Delhi High Court and the ove parent company and hence, 08.02.2016to 25-03.2020. allaspect and oC olthe project assured to offer the possession be adjusted while making otfer tnd status will be filed in the in 3 weeks.The respondent has this regard which are taken on *HARERA S- arnuennv TE REGUTAIOTY AUTHORIIY opy of 0C on record as directed atas per instrucuons from the as per agreed settlement plan, Pc amount as a full end fin.l that the case may be disposed t to realization of the asreed ed ofl File be consigned to the 29.02.2024 However, the respondenthas not placed the vide order dated 26.10.2023.
The counsel ior the respondent states at bar responden! the matter has been settled and the responde.t shall pay Rs. ll pay Rs.
20 lakhs as 'rhe payment/possession shall be made with' The counsellor the complainant also confi off in terms ol the above settlement subje amountand possession of the unit.
In view ofthe above, the matter stands disp registry.
Vijay Kutn-ar Goyal