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RE-OPEN/PENDING

HARSHARAN SINGH AND SUPREET KAUR vs RAMPRASTHA PROMOTERS AND DEVELOPERS PVT. LTD.

Case NumberRERA-GRG-845-2020
Date of Filing--
Case TypeRERA-GRG
Last Hearing23 Jul 2024
StateHaryana
CityGurgaon
Year of Filing2020

Party Details

Petitioner
  • HARSHARAN SINGH AND SUPREET KAUR
Respondent
  • RAMPRASTHA PROMOTERS AND DEVELOPERS PVT. LTD.

Case Summary

HARSHARAN SINGH AND SUPREET KAUR filed Case No. RERA-GRG-845-2020 in the Haryana Real Estate Regulatory Authority (RERA) against RAMPRASTHA PROMOTERS AND DEVELOPERS PVT. LTD.. The case has undergone 9 hearings over 4 years and 3 months. The case is currently pending. 11 orders have been issued in this matter.

Hearing History (9)

  • 23JUL 2024
    Hearing

    Judge: ARUN KUMAR VIJAY KUMAR GOYAL ASHOK SANGWAN

    The aforesaid complaint was disposed of vide order dated 29.01.2021 by the authority after recording the statement of both the parties on oath that they have entered in settlement agreement dated 05.01.2021. On 03.11.2023, a revival application was filed by the complainant. The said application was disposed of by this Authority vide order dated 02.01.2024 with the following directions: “However, if terms of the settlement are not adhered by the respondent, the complainant may file an application for execution of the order of the Authority before Adjudicating officer as the case was disposed off in terms of the settlement.” Thereafter, execution was filed before the court of Adjudicating officer. Vide order dated 16.04.2024, the court of Adjudicating officer noted that “the direction qua delayed possession interest cannot be executed in terms of the settlement agreement as the said clause is very vague and the same not clarified by the authority”.  The relevant para (e) of the settlement agreement is reproduced below: “e) That the possession of the flat/unit will be given by 31.12.2021 and if delayed beyond, the company will give penalty as per HRERA.”   Now, the complainant seeks clarification regarding the clause  ( e ) specifically the word “penalty”. On perusal of the above clause, it is clear that the word “penalty” in clause ( e ) refers to delayed possession charges under section 18 of the RERA Act, 2016. Ordered accordingly. This order be read with and in continuation of order dated 29.01.2021 passed by the Authority. Application stands disposed off. File be consigned to the registry.

    Stage: DISPOSED

  • 2JAN 2024
    Hearing

    Judge: ARUN KUMAR VIJAY KUMAR GOYAL ASHOK SANGWAN

    RE-OPENED

    Stage: RE-OPEN/PENDING

  • 29JAN 2021
    Hearing

    Judge: K K KHANDELWAL SAMIR KUMAR

    RE-OPENED

    Stage: RE-OPEN/PENDING

  • 15JAN 2021
    Hearing

    Judge: K K KHANDELWAL SAMIR KUMAR SUBHASH CHANDER KUSH

    Coram not complete. Matter is listed for 24.03.2021 for the purpose as already fixed.

    Stage: PENDING

  • 17NOV 2020
    Hearing

    Judge: K K KHANDELWAL SAMIR KUMAR SUBHASH CHANDER KUSH

    The respondent has filed an application that they are willing to participate in the mediation  organized by the authority for settlement of cases pending before the Authority and deposited an amount of Rs. 5000/- as fee.  In view of the grounds mentioned in the application, the said application is allowed and the  matter is referred to mediation center  in pursuance of the orders of the authority with respect to  mediation under section 89 of the Code of Civil Procedure, 1908.           The parties are directed to appear before the mediation center  on  15.12.2020 .  In case settlement is not reached between the parties, the matter shall be heard on merits on 15.1.2021.

    Stage: PENDING

  • 30SEP 2020
    Hearing

    Judge: K K KHANDELWAL SAMIR KUMAR SUBHASH CHANDER KUSH

    DUE TO COVID-19 PANDEMIC, THE CASE IS ADJOURNED TO 17.11.2020

    Stage: PENDING

  • 14AUG 2020
    Hearing

    Judge: K K KHANDELWAL SAMIR KUMAR SUBHASH CHANDER KUSH

    DUE TO COVID-19 PANDEMIC, THE CASE IS ADJOURNED TO 30.09.2020

    Stage: PENDING

  • 22MAY 2020
    Hearing

    Judge: SUBHASH CHANDER KUSH SAMIR KUMAR

    Due to lockdown, the matter is adjourned to 14.08.2020.

    Stage: PENDING

  • 9APR 2020
    Hearing

    Judge: K K KHANDELWAL SAMIR KUMAR SUBHASH CHANDER KUSH

    In order to obviate the menace of Coronavirus,  Court is adjourned. Matter is fixed for  22.5.2020.

    Stage: FIRST HEARING

Orders (11)

Judgement DetailsView full order PDF ↗

ffi HAREBi ffi eurucnnrrrr HARYANA REAt ESTATE REGUI.ATORY AUTHORITY GURUGRAM eltqrw A-qrfl frftqrrr qrE[6{ur, rlsilrq New rwu Resi Ho05e, Lrv I Lrnes, Gu.u8rah, Haryana nqrql.sqq.g. tit4rq.ro,l lEg@.{qry.

Eltqrn PROCEEDINGS OF THE DAY Zt Day and Date Tuesday and 02.01.2024 Complaint No.

MA NO.414/2023 in CRl845/2020 Cas titled as Harsharan Singh VS Ramprasth Promoter & Developers Private Limited Complainant Harsharan Singh Represented through !h.il"*llu111 q,xy clnsel Ramprastha Promoter & Developer Private Limited Respondent Respondent Represented through No ne Last date ofhearing Application for revival Proceeding Recorded by Naresh Kumari and HR Mehta Pr The above-mentioned matter was 29.01.2027, wherein the Authority "ln view of the statement mode by as well as settlement deed, the con terms ond conditions mentioned i mediation forum, statement on oqt mediotion forum and the settleme) shall form a part ofthe record and I lite." Now the complainant has moved a of the complaint stating that in sI respondent failed to comply wit settlement agreement.

The respon subject unit nor has credited delay the complainant has moved applica However, if the terms of the s oceedings ; heard and disposed off vide order date has ordered as under: both the parties/outhorised representotion ryloint is ordered to be disposed of os per n the settlement deed, The report of the :h recorded by both the parties before the nt deed and oll other relevant documents ,e consigned to the registry along with case n application dated 03.11.2023 for reviv. )ite of the said settlement agreement, th h the terms and conditions of the sai dent has neither offered possession of th ed possession interest.

In view of the sam rtion for revival of complaint. ettlement are not being adhered by th tH Civ I d. frrn 6, Rho ofe.

I ed val e d An Authonry con$itu1e:!^und*.**i;-o lti R*iEsrats (R.s"ldi@ ai! rE"t.p*,,r),\.i ,016 {-dr<I rafi{ra,xt{R!'rq) .{iiihr,r, ;;iiiili!;S;*,4'ffi.

S;*,4'ffi.!r1#5; ffi HARERA ffi arntrennl,r New PWD Resl House Civil Lines, G uru HARYANA REAI.

ESTATE REGUI.AIORY AUTHORITY GURUGRAM d.

E*Tc of the order of authority before Adjudicating Officer as the case was disposed off in terms of settlement agreement.

The application stands disposed ofl File be consigned to the registry.

Ashok San Vijay t(-umar Goyal Membe Member A^- Aru-n Kumar Chairman 02.01.2024 ffi Lstare lResularronand D.v!'lopmenl: Acr.

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