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PENDING

NITISH KUMAR ROY vs IREO PRIVATE LIMITED

Case NumberRERA-GRG-1034-2022
Date of Filing--
Case TypeRERA-GRG
Last Hearing14 Nov 2024
StateHaryana
CityGurgaon
Year of Filing2022

Party Details

Petitioner
  • NITISH KUMAR ROY
Respondent
  • IREO PRIVATE LIMITED

Case Summary

NITISH KUMAR ROY filed Case No. RERA-GRG-1034-2022 in the Haryana Real Estate Regulatory Authority (RERA) against IREO PRIVATE LIMITED. The case has undergone 11 hearings over 2 years and 5 months. The case is currently pending. 14 orders have been issued in this matter.

Hearing History (11)

  • 14NOV 2024
    Hearing

    Judge: VIJAY KUMAR GOYAL

    Order pronounced. No case for DPC is made out as the unit stands cancelled on 23.01.2017 and the cancellation of the unit is valid. Therefore, the respondent is directed to refund the paid-up amount of Rs.66,52,940/- received by it from the complainants after deduction of 10% of sale consideration i.e., Rs.1,42,70,311/- along with the interest on such balance amount at the rate of 11.10%p.a. as prescribed under Rule 15 of the Haryana Real Estate (Regulation and Development) Rules, 2017 from the date of cancellation i.e., 23.01.2017 till the actual realization of the deposited amount. Detailed order will follow.  Matter stands disposed off.

    Stage: DISPOSED

  • 19SEP 2024
    Hearing

    Judge: VIJAY KUMAR GOYAL

    The present complaint was filed on 17.03.2022 and registered as complainant no. 1034 of 2022 and the reply on behalf of respondent was received on 09.12.2022. On hearing dated 13.07.2023, 05.10.2023,18.01.2024 and 21.03.2024, the counsel for the complainant has sought adjournment to file application for amendment of relief but till date no application has been filed. Case has been called out but no one has appeared on behalf of the complainant today. The counsel for the respondent states that the relief of delayed possession charges and handing over of possession is not maintainable as the unit has been cancelled on 23.01.2017.  Further states that due to non- payment of instalment and after issuance of multiple reminders, the unit was cancelled on 23.01.2027 (Annexure R38) but no amount has been refunded till date and that as per BBA,  the respondent is entitled to forfeit 20% earnest money which may be allowed.   Both the parties are given one opportunity to file brief written submissions within 15 days after supplying a copy to each other. Matter to come up on 14.11.2024 for pronouncement of order.

    Stage: PENDING

  • 18JUL 2024
    Hearing

    Judge: ARUN KUMAR VIJAY KUMAR GOYAL ASHOK SANGWAN SANJEEV KUMAR ARORA

    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 19.09.2024 for the purpose already fixed.

    Stage: PENDING

  • 21MAR 2024
    Hearing

    Judge: VIJAY KUMAR GOYAL

    The present complaint was filed on 17.03.2022 and the reply on behalf of respondent was received on 09.12.2022. On 13.07.2023, 05.10.2023 and 18.01.2024 the counsel for the complainant sought an adjournment for the  amendment  in the relief sought. However, no such application has been filed by the complainant till date. The counsel for the complainant states that  the complainant-allottee is out of country due to medical exigency and hence the application for amended relief could not be filed.  The application shall be filed after the complainant is back from abroad and seeks an adjournment.  Request is allowed.  It shall be the last opportunity. Matter to come up on 18.07.2024 for further proceedings.

    Stage: PENDING

  • 18JAN 2024
    Hearing

    Judge: VIJAY KUMAR GOYAL

    The present complaint was filed on 17.03.2022 and the reply on behalf of respondent was received on 09.12.2022. On 13.07.2023 and 05.10.2023 the counsel for the complainant  has requested  for  amendment of  the relief sought.  The complainant has failed to file the said application till date. The counsel for the complainant seeks a short adjournment to seek confirmation from the complainant who is abroad for filing the application for amendment in the relief. Request is allowed. Matter to come up  on 21.03.2024 for further proceedings.

    Stage: PENDING

  • 5OCT 2023
    Hearing

    Judge: VIJAY KUMAR GOYAL

    The present complaint was filed on 17.03.2022 and the reply on behalf of respondent was received on 09.12.2022. During the last proceedings, the liberty was given to the counsel for the complainant for filing the application for amending the relief sought in the complaint but the requisite application is not yet filed. One more opportunity is being given to the complainant-allottee for filing the requisite application within two weeks after supplying a copy to the counsel for the respondent. Matter to come up on 18.1.2024 for further proceedings.

    Stage: PENDING

  • 13JUL 2023
    Hearing

    Judge: VIJAY KUMAR GOYAL

    The counsel for the complainant states that the complainant has filed the present complaint for grant of delayed possession charges as he has made full payment as per schedule of payment. The counsel for the respondent states that the unit of the complainant has already been cancelled on 23.01.2017 due to non payment  despite of  issuance of numerous reminders.  The complainant has paid only Rs.66,52,940/- against a total sale consideration of Rs.1,42,70,311/- and  no case for grant of delayed possession charges is  made out as the unit has already been cancelled. The counsel for the complainant states that if DPC is not allowed, then the amount deposited by the complainant be refunded.  The counsel for the complainant requests for amending the relief of the complaint after supplying a copy of the same to the counsel for the respondent.  Request is allowed. Matter to come up on 05.10.2023 for further proceedings.

    Stage: PENDING

  • 6APR 2023
    Hearing

    Judge: VIJAY KUMAR GOYAL

    The Hon’ble Member is on leave, so the matter is adjourned to 13.07.2023  for the purpose as already fixed.

    Stage: PENDING

  • 7DEC 2022
    Hearing

    Judge: VIJAY KUMAR GOYAL ASHOK SANGWAN SANJEEV KUMAR ARORA

    The present complaint was filed on 17.03.2022 and registered as complaint no. 1034 of 2022. On the last date of hearing, Sh. M.K Dang counsel for the respondent appeared and was directed to file reply within 2 weeks with a cost of Rs. 5000/- however, no reply has been filed till date. The counsel for the respondent has supplied a copy of reply to the counsel for the complainant during proceedings alongwith cost of Rs.5,000/- to be paid to the complainant. The  respondent is directed to file reply in the registry of the authority within one week with a 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 be struck off. Matter to come up on 06.04.2023 for further proceedings.

    Stage: PENDING

  • 7SEP 2022
    Hearing

    Judge: K K KHANDELWAL VIJAY KUMAR GOYAL

    The present complaint was filed on 17.03.2022 and registered as complaint no. 1034/2022. On the last date of hearing i.e 20.05.2022, the respondent was directed to file the reply within 15 days . Despite proper service of notice, no written reply has yet been filed.        Shri M.K. Dang Advocate has appeared on behalf of the respondent and filed power of attorney today and stated that he has not received the copy of the complaint.  The counsel for the complainant is directed to supply a copy of the complaint to the counsel for the respondent today itself. The counsel for the respondent requests for a short adjournment for filing of the reply. Respondent is directed to file the reply within two weeks i.e., by 21.09.2022 in the registry with a copy to the complainant subject to cost of Rs. 5,000/- to be paid to the complainant. In case the reply is not filed within the time allowed, the defense of the respondent may struck off.         Matter to come up on 07.12.2022 for further proceedings.

    Stage: PENDING

  • 20MAY 2022
    Hearing

    Judge: K K KHANDELWAL VIJAY KUMAR GOYAL

    Coram not complete as Member of the Authority is on medical leave.    Reply not filed till date. The respondent is directed to file the same within 15 days with an advance copy to the complainant.                     Matter is adjourned to 07.09.2022 for further proceedings.

    Stage: FIRST HEARING

Orders (14)