ESSEL TOWERS WELFARE ASSOCIATION vs ESSEL HOUSING PROJECT PVT LTD

WHARERA #, eunuennv HARYANA IIAI ISIATE REGUTATOIY AUIIIORITY Eftqr"n a s'r<r hFqr{6 [rfurrq, tr,rrr i.! pwo R6r Ho6!, cii th$.

6uu&n, ftry r {{<n{.S.0F1ihid ix !.4r! {Ium PROCIIDINGSOFTHI' DAY DayJnd Datc Tuesdayand 27.05.2025 CR/501/2024 Case titled as Essel Welfare Association VS Essel Projeds Private Limited & Housing Essel Towers Welfare Asso.iatbn Ms.

Parueen Dala I proxy cou nsel Essel Housing Projects Privarc Linrired Suncity Projects Limired Shn Carurr Cupu Advocare 1,1.03.2025 Proceeding Recorded by Naresh Kumariand HR IUehta Proceedings-cum-ord€r The present complaint ms rec€ived on 72.02.2024 and the reply has not been received bythe respondents.

The respondents have filed an application dated 02.05,2024 for dismissat of complaint that the the complainant/associarion has souShr sp(in. direction to the r€spondents not to interfere in its alteged peacefut possession oa community ent€r/community building.

That rhe complainant/association is a habitual litiganr who is in the habit oi nling baseless and false complai.ts against the respondenrs in order to illeealty extract benefits from the respondents which itis norentitled to.

It is pertinent to mention here that the complainant/association had prior ro the filing ofthe present baseless complainr had also filed a similar complainr having almost similar grounds before this Aurhority which was dismissed by this Authority on accounton non-appearance of the complainant itselfon tlvo occasions vide order dated 03.08.2021 and rhereafter on ZZ.7O.ZO2|. \he present complaint was filed by rhe complainant against respondent no. l - hr o+.;rrE.."& Rep.esented through Respondent Represented 724 HARERA GURUGRAIU 6ftqIlII a {rqr HAIYANA IEAT ESTAIE REGUIAIORY AUIHORIIY complaint no reliefwould be granted by this Author,ty and the same would be dismissed on ments, the complainant chose not to appear before this Authoriryand gotthe said complaint d,smissed due to non-appearance. ppearance.

Further, the complainant/association through its offlcer bearers was causing continuous interruption and iDconvenience i,l op€rotion and management ol Club/communiay center, ahe respotdent no.1 had also filed a civil suit beatinl no.

CS/ 1165 /2020 against the complainant before Civil ,ud8c, Junior Division, Gurugram seeking the relief oi declaration with consequential reliel oi permanent injunction restraining the complainant from interferin8 in the peaceful possession ofthe property in question i.e., club/community building or causing any obstruction in the passage.

Said civil suit is pend'ng adjudication and fix€d for hearing on 16.07.2024.

That the respondent no.

1 herein and plaintiff in said suit, had also filed an application for grant of temporary injunction u.derorder39 rule (1)(2) CPC, though said apphcation was dismissed by the then Civil ludse.

However, in an appeal before the Hon'ble Additional District judge, Gurugram, the said application for temporary injunction w:s allowed vide order dated O2-OZ.2O2| and compla,nant h€rein and defe.dant in said civil suit was "resrroined lron causins any interference in peocefut possession of club prenise! ol ptainnfi/ Moreover, the complainant thereaft€r has liled a revision petition against the said order 10.02.2022 passed by the Ld.

Additional Distr,ct ludge, Gurugram betore the Hon'ble High Court ofPunjab and Haryam at Chandigarh Despite the pendencyofthe aforesaid civilsuitand revision petition, the complainant choose to file the present bas€less and frivolous complaint by misusing the process of law on ih€ same grounds which have already be€n adjudicated upon by the Ld.

Additional Distrid lud8e, Gururam and is pendinS fo. adiudication before Ld.

Civil Judse, lunior Division, curugram and berore Hon'ble PunJrb rnd Hrryrna High Court at Chdnd,grrh.

The counsel for the respondent has placed on record a copy of order dated 15.0s.2025 passed by the Hon'ble High Cou( in CR No. in CR No.600/2022 [ o&M) titled as Essel Towers Resident Weliare Association and another V/s Essel Housing Projects Pvt.

Ltd and states that the matter has been decided in th.

Hon'ble High Court and as such thh @mplaint be d isposed of in view of the orders ofthe Hon'ble High Court. - { riq lnhmJrrfflB, dlha HARERA GURUGRAN,] HARYANA REAI ESTATE REGUTATOIY AUTHOTITY The relevant pa.t oftheorders are reproduced as under: "]n view thereoJ, this Coutt lnds thot the allouees did not pay ptice ol common areo- The sone vestt in the plaintiJf ond not in the defendott.

Thus,the plaintilf has prino focie Finding that the Appellate Court has rightl! gmntecl injunction in lovour ol the plaintilf, this cou.t lnds no rcoson to interlere in the well reasoned ordet possed by the Appellote CourL Resuhontly, the revislon petition is ordered ln view ofthe orders oithe have already been decided before this Authority and Hon'ble High Court, relerred to above. the issues hence the present complaint is not maintainable hence, the same stands dismissed.

Fi e be 27.05.2r)25