HEMALI SHARMA vs HOMETOWN PROPERTIES PVT. LTD.

RE-OPENED

Since the Hon’ble Chairman/Members of the Authority are busy to attend the 2nd Annual Conference AIFORERA to be held from 16.07.2024 to 19.07.2024 at Kodaikanal (Tamil Nadu) hence,  the matter is adjourned to 01.08.2024 for final arguments/pronouncement of order.

The present complaint was filed on 31.03.2021 and reply on behalf of respondent was received on 19.10.2022. On 06.10.2023, the counsel for the complainant was filed an application for amendment of relief sought. The respondent has failed to file response if any of the application for amendment of relief sought. On 29.02.2024, the respondent was restrained from creating any third-party rights against the unit of the complainant. On last date of hearing i.e., 25.04.2024 The counsel for the respondent states that occupation certificate in respect of unit has been received and the respondent wishes to explore the possibility of amicable settlement including handing over of possession as offer of possession already stand made and requests for one week time for filing of reply to the amended relief sought by the complainant. It was the last opportunity and no further adjournment shall be allowed as the complaint is pending since 2021 and authority has already taken a view in similar case bearing No.7362/2022 and the complainant allottee has already been granted DPC and is requesting for relief in the similar terms.  The rate of interest to be paid by the complainant shall be on equitable basis for the delayed payment i.e. rate on which the allottee is to be paid for delayed offer of possession. Succinct facts of the case as per complaint and annexures are as under: S. No. Particulars Details 1. Name and location of the project “Oodles Skywalk”, Sector 83, Gurugram 2. Unit no. G-116, Ground floor (As per BBA on page 23 of complaint) 3. Unit area admeasuring (super area) 252.95 sq. ft. (As per BBA on page 23 of complaint) 4. Allotment Letter 19.03.2014 (Page 39 of reply) 5. Date of execution of buyer’s agreement  01.10.2014 (As per BBA on page 21 of complaint) 6. Possession Clause 38. The “Company” will, based on its present plans and estimates, contemplates to offer possession of said unit to the Allottee(s) within 36 months (refer d. 37 above) of signing of this Agreement or within 36 months from the date of start of construction of the said Building whichever is later with a grace period of 3 months, subject to force majeure events or Governmental action/inaction. 7. Date of start of construction 26.03.2014 (As per demand letter dated 12.01.2018 on annexure R-4) 8. Due date of possession 01.10.2017 (Calculated as 36 months from date of execution of BBA i.e., 01.10.2014 as the same is later) 9. Sale consideration Rs.32,93,409/- (As per BBA on page 23 of complaint) 10. Amount paid by the complainant Rs.17,11,931/- (Page 81 of reply) 11. Reminder Letters 21.02.2018, 20.03.2018 (Page 71-72 of reply) 05.05.2018, 25.05.2018, 30.06.2018 (Page 74-76 reply) Final Reminder: 31.07.2018 (Page 77 of reply) 22.10.2018 (Page 79 of reply) Final Reminder: 16.01.2019 (Page 80 of reply) Final Opportunity: 30.05.2019 (Page 81 of reply) 12. Cancellation Letter 05.08.2019 (Page 82 of reply) 13. Occupation certificate Not annexed 14. Offer of possession Not offered The complainant contends that he had paid an amount of Rs.18,34,243/- vide cheque bearing no. 06772. The complainant also submits that the cheque was also encashed by the respondent, but no receipt was given to the complainant of Rs.35,46,174/- as stated by the complainant. The counsel for the complainant states that earlier the complainant had paid Rs.17,11,931/- only and various reminders were sent to the complainant to make the payment from 21.2.2018 to 30.5.2019 and due to non-payment the unit was cancelled on 05.8.2019. The counsel for the respondent states that the complainant had paid Rs.17,11,931/- till 2017 in three instalments, thereafter, the complainant stopped the payment deliberately. The respondent had issued various reminders to the complainant for making payment which he was supposed to pay by way of construction linked plan. Due to nonpayment the unit was cancelled on 05.8.2019. Thereafter the complainant has made payment of Rs.18,34,243/- on 10.2.2020 along with interest of Rs.7,35,176/- and since then no payment has been made despite the fact that the project stands completed and the respondent has applied for OC. Argument heard. Order reserved. Both the counsels for the parties are directed to file written submissions within a period of 15 days with an advance copy to each other.  The respondent shall also file calculation sheet adjusting the delay possession interest as well as the interest due towards the allottee qua the unpaid amount. The rate of interest will be equitable i.e. both the parties are liable to pay interest @ 10.85% per annum. Matter to come up on 18.07.2024 for final arguments/pronouncement of order.

The present complaint was filed on 31.03.2021 and reply on behalf of respondent was received on 19.10.2022. On 06.10.2023, the counsel for the complainant had filed an application for amendment of relief sought. The respondent had failed to file response, if any, of the application for amendment of relief sought. On the last date of hearing i.e., 29.02.2024, the respondent had been restrained from creating any third party rights against the unit of the complainant. The counsel for the respondent  states that  occupation certificate in respect of unit has been received and the respondent wishes to explore the possibility of amicable settlement including handing over of possession as offer of possession already stand made  and requests for one week  time  for filing of reply to the amended relief sought by the complainant. This shall be the last opportunity and no further adjournment shall be allowed as the complaint is pending since 2021 and authority has already taken a view in similar case bearing No.7362/2022 and the complainant allottee has already been granted DPC and is requesting for relief in the similar terms.  The rate of interest to be paid by the complainant shall be on equitable basis for the delayed payment i.e. rate on which the allottee is to be paid for delayed offer of possession. Matter to come up on 23.05.2024 for further proceedings.

The present complaint was filed on 31.03.2021 and reply on behalf of respondent was received on 19.10.2022. On 06.10.2023, the counsel for the complainant had filed an application for amendment of relief sought. On the last date of hearing i.e., 14.12.2023, the counsel for the respondent stated that the copy of the said application was not received and the counsel for the complainant was directed to provide the same today itself, thereafter, the respondent may file response if any of the application for amendment of relief sought. Further, the counsel for the complainant was also directed to submit the proof of payment of Rs.18,34,243/-. The counsel for the complainant states that a demand letter alongwith offer of possession has been made by the respondent on 15.11.2023 wherein unreasonable charges are being levied including interest at the rate of 24% but no adjustment on account of delay in offer of possession is made in the above account statement.  The counsel for the respondent seeks a short adjournment to file reply to the amended complaint alongwith justification of the amount being demanded within a period of three weeks  after supplying a copy to the counsel to the counsel for the complainant. The complainant has already paid an amount of Rs. 35,46,174/- against the total sale consideration of Rs. 32,93,409/- and hence no occasion  warrants cancellation of the unit and the respondent is hereby restrained from creating any third party rights against  the unit of the complainant. Matter to come up on 25.4.2024 for further proceedings.

Matter is adjourned to 29.02.2024.

The present complaint was filed on 31.03.2021 and reply on behalf of respondent was received on 19.10.2022. During last proceedings on 25.5.2023, the counsel for the complainant has requested for filing application for amending the relief as the allottee wishes to continue in the project and not refund of the amount. However, till date no application has been filed by the complainant. The proxy counsel for the complainant again requested to file the application for amendment of relief for which the counsel for the respondent has no objection. It will be the last opportunity for the complainant to file amended application. Matter to come up on 14.12.2023 for further proceedings.

The present complaint was filed on 31.03.2021 and reply on behalf of respondent was received on 19.10.2022. The counsel for the complainant requests for filing application for amending the relief as the allottee now wish to continue with the project  instead of seeking refund as per the complaint. The application for amendment of relief shall be filed within 2 weeks with an advance copy to the respondent and the respondent to file reply to the amended application in next 2 weeks with an advance copy to the complainant. Matter to come up n 21.09.2023 for further proceedings.

The present complaint was filed on 31.03.2021 and reply on behalf of respondent was received on 19.10.2022. The AR  of the respondent requests for a short adjournment as counsel is out of station due to death of the  relative.  However, the counsel for the complainant requests that despite multiple mails & requests to  the respondent company,   the acknowledgement of amount of Rs.18,34,243/- paid vide Axis bank cheque No. 067722 dated 01.12.2019  is not being given by the respondent as  the complainant allottee till date has made payment of Rs.35,46,174/- against a total sale consideration of Rs.32,93,409/- as per BBA ( at page 23 of the complaint).  The copy of above cheque duly received by the respondent company has been attached with the complaint at page 48 and hence, the respondent promoter is directed to file the  status  of above cheque received by Shri Ashwani Sharma on behalf of M/s Mascot Buildcon Pvt. Ltd. on 10.02.2020  and reasons for not issuing the receipt thereof.  In case no confirmation or denial of above is submitted within next 15 days it shall be presumed that  the said amount has been deposited with the respondent. On request of AR,  the case is adjourned to 25.05.2023 for further proceedings.

Proceedings were adjourned due to administrative reasons.  Therefore,  no hearings. Adjourned to 09.03.2023 for the purpose as already fixed.

On last date of hearing Sh. Rahul Bhardwaj, Advocate has filed memo of appearance and undertakes to file proper POA/ Vakalatnama before next date of hearing. The counsel for the respondent requested for an adjournment for filling the reply and the respondent has failed to file reply even on this date. Written reply has not been filed by the respondent till date. The counsel for the respondent has supplied a copy of the reply to the counsel for the complainant. The counsel  for the respondent is directed to file reply within two weeks i.e. by 28.09.2022 in the registry subject to costs of Rs.5,000/- for not complying with the orders of the authority. Last opportunity is being granted. In case, reply is not filed even at this stage within the time allowed, the defense of the respondent may be struck off.                                      Matter to come up on 20.12.2022 for further proceedings.

Coram not complete. Case adjourned to 14.9.2022 for the purpose already fixed.

In view  of judgment dated 11.11.2021 in title- M/s Newtech Promoters and Developers Pvt Ltd. Vs State of UP & Ors. Etc. passed by the  Apex Court, this forum has no jurisdiction to adjudicate the complaint in hands.                              File be transferred to the Authority. Next date will be notified later on by the Authority. Reader is directed to send the file immediately.

Memo of appearance on behalf of counsel for respondent filed.  He undertakes to file proper POA/Vakalatnama before the next date of hearing.  At the same time, adjournment is requested to file written reply stating he has been engaged only two days back. In the interest of justice, request is allowed subject to cost of Rs.1,000/- to be paid to the complainant. Let written reply(as requested) be filed  within two weeks with an advance copy to the complainant. 2.                    To come on 08.02.2022 for arguments.

Due to spread of Covid-19 cases in and around area of the Hon’ble Authority and lockdown in the State, the cases fixed for today are not being taken up for hearing. Hence, as per the directions for the Hon’ble Authority, the case adjourned to 25.08.2021. 2.         However, it is directed that the respondent has already been served through e-mail and delivery of documents is also confirmed from the tracking report. So, it is directed to file written statement with a copy to the other side 4 weeks prior to the date fixed with a copy to the other side and the matter be put up on the date fixed mentioned above for arguments.