TARUNA GILANI AND SACHIN GILANI vs SHREE VARDHMAN INFRAHEIGHTS PVT. LTD
Party Details
- TARUNA GILANI AND SACHIN GILANI
- SHREE VARDHMAN INFRAHEIGHTS PVT. LTD
Case Summary
TARUNA GILANI AND SACHIN GILANI filed Case No. RERA-GRG-208-2023 in the Haryana Real Estate Regulatory Authority (RERA) against SHREE VARDHMAN INFRAHEIGHTS PVT. LTD. The case has undergone 5 hearings over 11 months. The case is currently pending. 7 orders have been issued in this matter.
Hearing History (5)
- 24JUL 2024Hearing
Judge: ASHOK SANGWAN
The parties have arrived at an amicable settlement and a copy of settlement agreement dated 20.07.2024 to this effect has been placed on record by the counsel for the respondent which is duly signed by both the parties. In view of the above, the matter stands disposed of in terms of settlement agreement. File be consigned to the registry.
Stage: DISPOSED
- 10APR 2024Hearing
Judge: ASHOK SANGWAN
The present complaint was filed on 25.01.2023 and reply on behalf of the respondent has been received on 27.10.2023. Succinct facts of the case as per complaint and annexures are as under: S. No. Particulars Details 1. Name of the project “Shree Vardhman Victoria”, Sector- 70, Gurugram 2. Project area 10.9687 acres 3. Nature of the project Residential apartment 4. DTCP license no. and validity status 103 of 2010 dated 30.11.2010 Valid up to 29.11.2020 5. RERA Registered/ not registered Registered vide no. 70 of 2017 dated 18.08.2017 valid upto 31.12.2020 6. Builder buyer agreement 01.07.2013 (Page 19 of complaint) 7. Unit no. 203, Tower B (As per BBA at page 22 of complaint) 8. Unit admeasuring 1950 sq. ft. (As per BBA at page 22 of complaint) 9. Possession clause Clause 14(a) “The Construction of the Flat is likely to be completed within a period of forty (40) months of commencement of construction of the particular tower/ block in which the Flat is located with a grace period of six(6) months, on receipt of sanction of the building plans/ revised plans and all other approvals subject to force majeure including any restrains/restrictions from any authorities , non-availability of building materials or dispute with construction agency/workforce and circumstances beyond the control of Company and subject to timely payments by the buyer(s) in the Said Complex. No claims by way of shall be against the Company in case of delay in handing over the possession on account of said reasons. For the of purposes of this agreement, the date of application for issuance of occupancy/completion/part occupancy/completion certificate of the Said Complex or the Flat shall be deemed to be the date of Completion……..” (Emphasis supplied) (BBA at page 29 of complaint) 10. Due date of possession To be ascertained 11. Total sale price Rs. 1,01,08,800/- (As alleged by complainant at page 11 of complaint) Rs. 1,20,06,750/- (SOA dated 09.10.2020 at page 58 of complaint) Rs.1,48,31,805/- (SOA dated 09.10.2020 at page 60 of complaint) 12. Amount paid by the complainant Rs. 75,76,908/- (As alleged by complainant at page 11 of complaint) Rs.1,06,22,340/- (SOA dated 09.10.2020 at page 60 of complaint) 13. Occupation certificate 13.07.2022 (Page 16 of reply) 14. Offer of possession 03.08.2022 (Page 53 of complaint) The counsel for the complainant is seeking refund of the deposited amount against allotment of residential unit in the project of the respondent on account of delay in handing over of possession and unreasonable demands accompanying the offer of possession dated 03.08.2022. The counsel for the respondent states that unit of the complainant was cancelled vide letter dated 19.07.2019 and a cheque of Rs.51,28,516/- was also sent with the cancellation letter with the details of forfeiture. However, it is noticed that the respondent has made an offer of possession to the complainant on 03.08.2022 which the counsel for the respondent states was due to technical error. Further, the counsel for the complainant states that no cancellation or refund cheque was received. Part arguments heard. Matter to come up on 24.07.2024 for further arguments.
Stage: PENDING
- 17JAN 2024Hearing
Judge: ARUN KUMAR VIJAY KUMAR GOYAL ASHOK SANGWAN SANJEEV KUMAR ARORA
File taken up today as 17.01.2024 has been declared as a holiday on account of Shri Guru Govind Singh Jayanti, hence the case is adjourned to 10.04.2024 for the purpose as already fixed.
Stage: PENDING
Orders (7)
- 24JUL 2024judgementView Order ↗
Order No: N/A
- 24JUL 2024orderView Order ↗
Order No: N/A
- 16APR 2024orderView Order ↗
Order No: N/A
Judgement DetailsView full order PDF ↗
ffiHARERA ffiGURUGRAM HARYANA REAL ESIAIE REGULAIORY AUIHORITY GURUGRAM Epqrq1 rl_qqO Amqffi qTferc-{ur. rIFrrrI WednesdaY and 24.07 '202+ PNOEEEOTT'ICS OF THE DAY Day and Date Complaint No.
Complainant Represented through Respondent Shri Gaurav Rawat Advocate Respondent RePresented Last date of hearing Proceeding Recorded bY d.
Bgfl-c 6R-qu[ New PWD Rest House CR|ZOBl2023 Case titled as Taruna Gilani and Sachin Gilani VS Shree Vardhmatr lnfraheight Private Limited Taruna Gilani and Sachin Gilani None Shree Vardhman Infraheight Private Limited 1,0.04.202+ Naresh Kumari and HR Mehta Proceedings-cum-Proceedings T h e p a rti e s h a v e a r r i v-e d a t ."' T i :'!.lt :-t :tl:T:: : T : ff 'iJ :fie,T' ; ffi : , -T #:ff 'o:i# ;' ; ;; ; ; ;1;t,'il,: r,r: :: :' :'":: l i.lffi 3 ;lJ:::' d b v t h e ::;"r::'iil; ffi;*na.n, which is duly signed bv borh the parries. ln view of the above, the matter stands disposed of in terms of settlement "gt..tnunt.
File be consigned to the registry' Ashok Sa Mem 24.07.2