AMEET KKATYAL AND RENU KATYAL vs PARKWOOD INFRASTRUCTURE PVT. LTD

Vide proceedings dated 18.09.2024, Shri Sukhbir Yadav Advocate appeared before the Authority and has stated that the complainant in this matter has already alienated the subject property vide agreement to sell dated 06.12.2018 and therefore, wishes to file an application for impleadment.  However,  no such application has been filed by him in this regard till date. Shri Sukhbir Yadav Advocate has appeared today again and undertakes to file the intervention application in the registry of the authority today itself,  a copy of which has been supplied to the counsel for the complainant as well as respondent No.1. Matter to come up before the full bench on  24.12.2024 for further proceedings.

The matter was listed for pronouncement of order today.  However,  before the order could be pronounced, Shri Sukhbir Yadav Advocate appeared before the Authority and has stated that the complainant in this matter has already alienated the subject property  vide agreement to sell dated 06.12.2018 and therefore,  wishes to file an application for impleadment  so that the facts could be brought on record for proper adjudication of the matter. The counsel for the complainant vehemently objects to the same and states that the alleged agreement to sell has already been declared void as per clause  4 of the agreement.  Heard.  In the interest of   justice,  the application for impleadment may be filed within a period of 2 weeks with an advance copy to both the parties who may submit their reply to the same within a period of further 2 weeks. Matter to come up on 20.11.2024  for further proceedings.

On proceedings dated 01.05.2024, the counsel for the respondent stated that there are discrepancies in the amount claimed to have been paid by the complainant and actually received by the respondent. Accordingly, the counsel for the complainant was directed to submit bank statement pertaining to deduction of the amount paid by cheque for respective unit within a period of 3 weeks. However, the same has not been filed by the complainant till date. The present complaint has been received on 14.07.2023 and registered as complaint no. 3212 of 2023. The reply on behalf of respondent no.2 was received on 06.12.2023 and reply on behalf on respondent no.1 was filed on 09.04.2024. Succinct facts of the case as per complaint and reply are as under: Sr. No. Particulars Details 1. Name of the project “Parkwood Westend Phase-1”, Sector-92, Gurugram , Haryana. 2. Nature of project Group Housing Colony 3. DTCP License no. Licence No. 53 of 2010 dated 10.07.2010 4. RERA registered  Registered 16 of 2018 dated:-19.01.2018, valid upto 31.12.2019 5. Unit no. D-1402, Tower-D, 14th Floor (As per allotment letter on page 27 of complaint) 7. Unit area  1840 sq.ft [Super area] (As on page 27 of complaint) 8. Date of execution of buyer’s agreement 21.08.2015 (As on page 32 of complaint) 9. Possession clause Clause 28. Possession (a) Time of handing over the Possession That subject to terms of this clause and subject to the FLAT ALLOTTEE(S) having complied with all the terms and conditions of this Agreement and not being in default under any of the provisions of this Agreement and further subject to compliance with all provisions, formalities, registration of sale deed, documentation, payment of all amount due and payable to the DEVELOPER by the FLAT ALLOTTEE(S) under this agreement etc., as prescribed by the DEVELOPER , the DEVELOPER proposes to hand over the possession of the FLAT within a period of thirty six(36) months from the date of signing of this Agreement. if however understood between the parties that the possession of various Block/Towers comprised in the complex as also the various common facilities planned therein shall be ready and complete in phases and will be handed over to the Allottee of different Block/Towers as and when completed. (As on page 48 of complaint) 10. Due date of possession 21.08.2018 (Calculated 36 months from date of execution of agreement) 11. Total sales consideration Rs.96,61,000/- (As per payment plan on page 29 of complaint) 12. Amount paid by the complainants Rs.71,66,800/- (as alleged by complainant on page 15 of complaint) 13. Offer of possession Not on record 14. Occupation certificate  Not on record The complainant is seeking refund of the amount deposited with the respondent with interest. The counsel for the complainant states that bank statements are already placed on record in the complaint itself. Arguments heard. Both the counsels of the parties may file written submissions in the registry of the authority within a period of two weeks after supplying a copy to each other. Order reserved. Matter to come up on 18.9.2024 for pronouncement of orders.

The present complaint has been received on 14.07.2023 and registered as complaint no. 3212 of 2023. The reply on behalf of respondent no.2 was received on 06.12.2023 and reply on behalf on respondent no.1 was filed on 09.04.2024. The counsel for the respondent has handed over a cheque of previously imposed cost of Rs.15,000/- to the counsel for the complainant during proceedings. The counsel for the respondent further states that  there are discrepancies in the amount claimed to have been paid by the complainant and actually received by the respondent. The counsel for the complainant may submit  bank statement pertaining to deduction of the amount paid by cheque for respective unit within a period of 3 weeks with an advance copy to the respondent. Matter to come up on 24.07.2024 for further proceedings.

The present complaint has been received on 14.07.2023 and registered as complaint no. 3212 of 2023. The reply on behalf of respondent no.2 was received on 06.12.2023. On the last date of hearing dated 06.12.2023, last opportunity was granted to the respondent no.1 to file a reply to the complaint subject to cost of Rs.5000/- to be paid to the complainants failing which the defence of the respondent shall struck off. However, no reply has been received from the respondent no.1 till date. In view of the above,  the respondent is liable to pay cost of Rs.5,000/- to be paid to the complainants on the next date of hearing. Further,  in the interest of justice,  a final opportunity is granted to the respondent to file the reply within a period of 2 weeks with an advance copy to the complainants with additional cost of Rs.10,000/- to be paid to the complainants.               Matter to come up on 01.05.2024  the date already fixed in this case for further proceedings.

File taken up today as 14.02.2024  is declared as a Holiday on account of Basant Panchmi/Sir Chotu Ram Jayanti so this matter is adjourned for 01.05.2024  for the same purpose as already fixed.

The present complaint has been received on 14.07.2023 and registered as complaint no. 3212 of 2023. None of the respondents have filed the reply despite service of notice.  Both the respondents are directed to file the reply within next two weeks with cost of Rs. 5000/- each to be paid to the complaiant failing which defence of the respondents shall be struck off. Matter to come up  on 14.2.2024 for further proceedings.