SARDUL SINGH vs ORRIS INFRASTRUCTURES PVT LTD

Due to lack of coram, the matter is adjourned to 04.02.2025 for the purpose as already fixed.

Due to lack of Coram, the matter is adjourned to 03.12.2024 for the purpose as already fixed.

Since the matter is pending in Civil Appeal No.6792-6793 of 2023 before Hon’ble Supreme Court and  CWP No.2926/2022 is pending before the Hon’ble Punjab and Haryana High Court,  hence this matter  is adjourned to 27.08.2024 for the purpose already fixed.

The present complaint has been received on 26.12.2018. The reply has been received on 08.11.2023. The complainant has placed on record legal heir certificate on 22.02.2023.  The counsel for the respondent i.e., M/s Orris Infrastructure Pvt. Ltd. had placed on record a copy of order dated 13.10.2023 passed in Civil Appeal bearing diary No.36252/2023 titled as Greenopolis Welfare Confederation Vs. Rakesh Kumar Gupta & others filed before the Hon’ble Supreme Court of India and is pending for adjudication.  The relevant para of said order dated 13.10.2023 is re-produced as under:- “3. Till the next date of listing, status quo shall be maintained by all the parties, including on the assets”. The Hon’ble Apex Court vide order dated 25.01.2024 in Civil Appeal Nos. 6792-6796/2023 passed the following order: “List the matters on 5th February 2024 at 3.00 PM”     Therefore, in view of the above-mentioned facts and direction passed by the Hon’ble Apex Court, the present matter is adjourned to 23.07.2024  for further proceedings.

The present complaint has been received on 26.12.2018. The reply has not been filed till date by either of the respondents.  The complainant has placed on record legal heir certificate on 22.02.2023. M/s Orris Infrastructure Pvt. Ltd. had placed on record a copy of order dated 13.10.2023 passed in Civil Appeal bearing diary No.36252/2023 titled as Greenopolis Welfare Confederation Vs. Rakesh Kumar Gupta & others filed before the Hon’ble Supreme Court of India and is pending for adjudication.  The relevant para of said order dated 13.10.2023 is re-produced as under:- “3. Till the next date of listing, status quo shall be maintained by all the parties, including on the assets”. The Hon’ble Apex Court vide order dated 25.012024 in Civil Appeal Nos. 6792-6796/2023 passed the following order: “List the matters on 5th February 2024 at 3.00 PM” Therefore, in view of the above-mentioned facts and direction passed by the Hon’ble Apex Court, the present matter is adjourned to 23.04.2024 for further proceedings.

The present complaint has been received on 26.12.2018. The reply has not been filed till date by either of the respondents.  The complainant has placed on record legal heir certificate on 22.02.2023. M/s Orris Infrastructure Pvt. Ltd. placed on record an order dated 13.10.2023 passed in civil appeal bearing diary No. 36252/2023 titled Greenopolis Welfare Confederation Vs Rakesh Kumar Gupta & Ors. which has been filed before the Hon’ble Supreme Court of India and pending for adjudication. The relevant para of the order dated 13.10.2023 is reproduced as under: “3. Till the next date of listing, status quo shall be maintained by all the parties, including on the assets. 5. List the appeals on 21 November 2023 for disposal.”  Therefore, in view of the above-mentioned facts and direction passed by the Hon’ble apex court, the present matter is adjourned to 30.01.2024  for further proceedings.

The present complaint has been received on 26.12.2018. The reply has not been filed till date by either of the respondents.    The complainant has placed on record legal heir certificate on 22.02.2023. The complainant present in person states that despite multiple requests and IRP is not entertaining the claim of the complainant-allottee. Further no reply to the above complaint is yet filed by the IRP. The registry is directed to issue a notice to the IRP for filing the reply and status of the claim of the complainant  in the authority within four weeks after supplying a copy to the complainant.  Matter to come up before full bench on 31.10.2023 for further proceedings.

Case has been called out but no one has appeared on behalf of the respondent. The counsel for the complainant states that the application for impleading LRs with legal heirs certificate is being filed in the registry today. Matter to come up  on 17.08.2023 for further proceedings.

Proceedings were adjourned due to administrative reasons.  Therefore,  no hearings. Adjourned to 22.02.2023  for the purpose as already fixed.

There is no ambiguity in this regard that the process of CIRP has been initiated against respondent no. 1 i.e. 3C shelters but there is no clarity that whether the respondent no. 2 shall be covered under the same or not as in this particular project namely "Greenopolis" the payment is received by 3C shelters. In view of aforesaid circumstances and keeping in view the interest of allottees, the authority comes to following conclusion:1. The cases listed from item no. 24 to 35 are taken together which includes cases where the reply from the respondent is still yet to be received. The respondent(s) is directed to file the reply within 15 days of the date of this order.2. The respondents are directed to provide a list with supportive documents with regard to receipt of payment by R1 or R2 towards consideration of the concerned unit in respective cases. 3. The authority is of the view that a clarification be sought from the IRP whether the moratorium is also effective on respondent no. 2 i.e. Orris Infrastructure Private Limited. The registry is directed to send a letter to the appointed IRP to clarify the status of moratorium.4. The complainants in respective cases are also directed to file an undertaking stating whether payments are made in favor of R1 or R2.  Further the authority shall also explore for engaging the services of an expert in NCLT matters to protect the rights and interest of allottees.                    Matter to come up on 23.12.2022 for further proceedings

MATTER IS ADJOURNED TO 06.10.2022.

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.

To come on 27.01.2022 for the proceedings already fixed.

It is pointed out that the Apex Court while deciding Civil Appeal No(s) 6745-6749 of 2021 dated  11.11.2021 in case titled M/s Newtech Promoters and Developers Pvt Ltd. Vs State of UP & Ors Etc.   has given some directions about jurisdiction between the Authority and the Adjudicating Officer inter se, regarding jurisdiction  of cases relating to refund and  compensation.                          Be put up for further proceedings on 23.12.2021.

As per learned counsel for complainant, respondent did not pay cost of Rs. 20,000/- imposed vide order dated 06.04.2021 of this forum. It is admitted by learned counsel for respondent that no such payment is made. Defence of respondent is struck off.  2.                     To come on 16.11.2021 for arguments.

Due to increase in the Covid-19 cases in and around the area of the Authority and lockdown in the State, the case is not being taken up for hearing. Hence, as per directions of the Hon’ble Authority, it is being adjourned to 20.08.2021 for the proceedings already fixed. 2.         Both the parties be informed accordingly through e-mail.

On 22.02.2021, none turned up on behalf of the respondent no. 1 and which led to passing of ex-parte proceedings and the matter being adjourned for arguments for 17.03.2021. However, on that date, a request for settlement was made on behalf of the respondent and which was allowed. Now, settlement is not possible between the parties as none of the responsible person on behalf of respondent-builder no. 1 has turned up. It shows that it is not interested to settle the matter and rather wants to linger on. So, an application for setting aside ex-parte proceedings passed on 22.02.2021 moved by respondent no. 1. Notice given. Without going into the averments in the application the ex-parte proceedings passed against respondent no. 1 are ordered to be set aside subject to payment of Rs. 20,000/- as costs to be paid to the complainant. 2.        Let the matter be put up on 11.05.2021 for arguments. 3.        Written statement, if any, be filed 2 weeks prior to the date fixed with a copy to the other side and subject to payment of costs detailed above and failing which it would not be taken on record.

Some more time is requested for settlement and which is granted. Let the matter be put up on 06.04.2021 at 2:00 PM for settlement.

In pursuance to notice, the complainant put in appearance through her counsel. 2.           However none is present on behalf of the respondent. A perusal of the case file shows that on  12.03.2020, the respondents were being represented by Ms. Charu Rastogi, Adv. She is present but stated that some other counsel/AR wants to put in appearance. But none is present on their behalf. So, it shows that the respondent is not interested to contest the matter and as such is ordered to be proceeded against ex-parte. 3.           For ex-parte arguments, the matter be put up on 17.03.2021.

THE MATTER IS ADJOURNED TO 22.02.2021

DUE TO COVID-19 PANDEMIC, THE MATTER IS ADJOURNED TO 20.10.2020

DUE TO COVID-19 PANDEMIC, THE MATTER IS ADJOURNED TO 27.08.2020

THE CASE IS ADJOURNED TO 01.06.2020

THE CASE IS ADJOURNED TO 13.04.2020

Case is adjourned to 12.03.2020.

The Haryana Real Estate(Regulation and Development) Rules, 2017 as amended by the Haryana Real Estate(Regulation   and Development) Rules, 2019   and notified vide  No.Misc-862/1/83/2019/ITCP dated 12.09.2019, the complaint to the Authority and claim for  relief, directions/orders and penalty proceedings under Section 31 read Sections 35,36, 37 & section 38  is to be filed in the form ‘CRA’. Accordingly, notice for hearing in the complaint was sent to  the complainant alongwith directions to file complaint in the prescribed format CRA as provided in Rule, 2019.                       During the course of hearing, it is observed that in view of the amendment in Rule 28 of the Haryana Real Estate (Regulation &  Development) Amendment Rules 2019,  the complaint has to be filed in form CRA, however, the same has not been filed despite service of notice. Let the complaint in form CRA be filed within 7 days with an advance copy to the respondent through speed post and e-mail  and proof of service be also filed.               The respondent on receipt of copy of the complaint in form CRA shall file reply within 7 days with a copy to the complainant through speed post and e-mail with proof of service alongwith copy of layout plan /sanction letter duly sanctioned by  the competent authority and status of the project. The information, as asked for, in the proforma/format attached with the notice of hearing shall also be filed by the respondent while submitting reply to the Registry.                   In case, compliance is not made by either of the parties, as stated above, necessary legal consequences including dismissal of complaint/striking off defence will follow.                   The matter is adjourned to 23.1.2020 for further proceedings.

THE CASE IS LISTED FOR HEARING ON 27.11.2019.