NEERAJ BHAGAT AND VANDANA BHAGAT vs MANGLAM MULTIPLEX PVT LTD

The present complaint was filed on 04.01.2022 and reply on behalf of respondent was received on 21.04.2022. The counsel for the complainant wishes to file rejoinder to the reply filed by the respondent and requests for a short adjournment. The counsel for the complainant may file rejoinder within a period of 2 weeks with an advance copy to the respondent. Matter to come up on 23.01.2024 for further proceedings.

The present complaint was filed on 04.01.2022 and reply on behalf of respondent was received on 21.04.2022. The  proxy counsel for the respondent requests for a short adjournment as the arguing counsel is not available today.  Request is allowed subject to payment of penalty of Rs.2500/- to be deposited in the Authority. No further adjournment shall be granted to the complainant. Matter to come up on 7.11.2023  for further proceedings.

The An application for revival of the present matter has been filed by the complainant on 17.03.2023. The complainant seeking a direction to declare the cancellation notice dated 10.12.2021 issued by the respondent as illegal, invalid and bad for restoration of cancelled commercial unit, handover the unit in habitable condition and for extinguishing the charge created by the respondent in the allotted unit of the complainants with Piramal housing Pvt. Ltd. On 02.03.2022 the authority directed to the respondent to not to create any third party right on the complainant’s unit till the next date of hearing i.e., 20.04.2022. It is pertinent to mention that the authority vide its order dated 31.05.2022 have vacated the stay. The complainants file an appeal before the Hon’ble appellate tribunal against the order dated 31.05.2022 passed by the authority. The appellate tribunal vide its order dated 22.07.2022 passed an interim order vide which the respondent herein was restrained from creating any third-party rights quo the unit of the complainants. The Hon’ble Appellate Tribunal vide its order dated 18.01.2023 dismissed the appeal as withdrawn with liberty to the appellant allottee to raise all the issues before the authority.  The proxy counsel for the complainant allottee requests for a short adjournment due to ill health of the main counsel and further requests for revival of the complaint and fixing for early hearing. Request is allowed. The counsel for the respondent requests for placing on record additional documents in the registry after supplying a copy to the counsel of the complainant. Matter to come up on 05.09.2023 for further proceedings.

The complainants have filed an application u/s 36 on 17.02.2022 and the authority vide its orders dated 02.03.2022, directed the respondent not to create any third-party rights on the unit till the next date of hearing. Further, the complainants were also directed to pay the “undisputed amount” within 15 days to the respondent. i.e. by 16.03.2022. The complainants have not come forward to make payment of undisputed dues nor has taken the possession of the allotted unit. It is pertinent to note that the interim stay was only till next date of hearing fixed for 20.04.2022. Now the respondent has filed an application on 16.05.2022 seeking early hearing and vacation of stay order issued by the authority vide interim order dated 02.03.2022 wherein the respondent builder contended that he is suffering irreparable financial loss as the complainants have failed to comply with the orders dated 02.03.2022. In compliance of the order of the authority dated 02.03.2022, the complainants have not paid even undisputed amount to the respondent till date nor came forward to take possession of the unit. Hence, the stay granted with respect to not to create third party rights is vacated. The counsel for the respondent has placed on record a copy of orders dated 22.07.2022 passed by the Appellate Tribunal  in appeal bearing No. 489 of 2022  titled as Neeraj Bhagat and another versus Manglam Multiplex Private Limited vide which the Hon’ble Tribunal has passed the following orders:- Ld. Counsel for the appellants has submitted that the Ld. Authority vide order dated 02.03.2022 had directed the respondent not to create third party rights on the unit allotted to them. However,  subsequently  that interim stay was vacated by the Ld. Authority vide impugned order dated 31st May 2022 without providing any opportunity of being heard to the appellants. Let notice of the present appeal be served upon the respondent for 31st August 2022 on filing the copies of the paper book and registered cover etc. without four days. Till then, respondent is restrained from creating third party rights qua the unit allotted to the appellants. In view of the above,  the matter is adjourned sine die till the final outcome of the Appellate Tribunal. File be consigned to the registry.

The complainants were allotted a unit no. R5 LG23 on lower ground in block 5 admeasuring 1120.36 sq. ft. in the commercial project of the respondent namely “M3M 65TH AVENUE” and subsequently, a buyer’s agreement dated 18.07.2019 was executed inter-se parties. The total sale consideration of the unit was Rs.2,66,80,253/- as per page no. 35 of the complaint and as per payment plan annexed with the BBA the total sale consideration comes out to be Rs.2,99,28,065/-, the complainants have paid an amount of Rs. 1,26,48,562/-( as per statement of accounts at page 86 of the complaint) towards consideration of allotted unit which is 48% of the total sale consideration. The respondent vide letter dated 25.11.2021 issued a pre cancellation letter (as per page no. 114 of the complaint) against the subject unit of the complainants on account of non-payment of the demand for balance dues. Further a cancellation notice dated 10.12.2021 was issued to the complainants within 40 days from the offer of possession. Although the respondent offered the possession of the unit on 25.10.2021 followed by statement of accounts.   The complainants have filed an application u/s 36 on 17.02.2022 and the authority vide its orders dated 02.03.2022, directed the respondent not to create any third-party rights on the unit till the next date of hearing. Further, the complainants were also directed to pay the “undisputed amount” within 15 days to the respondent. i.e. by 16.03.2022. The complainants have not come forward to make payment of undisputed dues nor has taken the possession of the allotted unit. It is pertinent to note that the interim stay was only till next date of hearing fixed for 20.04.2022. Now the respondent has filed an application on 16.05.2022 seeking early hearing and vacation of stay order issued by the authority vide interim order dated 02.03.2022 wherein the respondent builder contended that he is suffering irreparable financial loss as the complainants have failed to comply with the orders dated 02.03.2022. In compliance of the order of the authority dated 02.03.2022, the complainants have not paid even undisputed amount to the respondent till date nor came forward to take possession of the unit. Hence, the stay granted with respect to not to create third party rights is vacated. Further, the complainants are now requesting that LC be appointed as the unit offered by the respondent still has deficiencies. The counsel for the respondent disputed the same on account that the occupation certificate of the unit has already been obtained from the competent authority way back on 30.09.2021 and offer possession of the unit on 25.10.2021. But the allottees are not coming forward for taking the possession of the unit on one pretext or another. However, if the complainants allottees still wishes for inspection by LC, they may submit an application separately for appointment of LC by specifically pointing out the deficiencies after serving an advance copy to the respondent.                              Matter to come up on 03.08.2022 for further proceedings.

On  the last date of hearing Ms. Shriya Takkar Advocate has appeared on behalf of the respondent and the counsel for the respondent had sought an adjournment in view of the settlement talks going on with the complainants. The respondent was directed to file reply within 15 days with an advance copy to the complainants but has failed to file reply even on this date.  The counsel for the respondent states that the matter could not be amicably settled as the complainant has not made the payment of outstanding  and undisputed amount till date and hence, the stay granted by the Authority for non-creation of third party rights may be vacated. The counsel for the respondent further states that the reply in the above complaint shall be filed within 3 days after serving an advance copy to the complainant.                 The counsel for the complainant states that the entire outstanding demand is disputed as the unit is not yet habitable  and construction/finishing in the upper story is still in progress and not completed.  However, the counsel for the respondent states that the unit is habitable as the occupation certificate for the retail avenue of 65 avenue has already been obtained way back on 30.09.2021  and that detailed reply will be filed today alongwith copy of OC obtained from DTCP and photographs of the unit allotted to the complainant alongwith details of  any other construction or finishing work pending with respect to same. Last opportunity is being granted. In case, reply is not filed even at this stage within the time allowed, the defense of the respondent may be struck off. Matter to come up on 03.08.2022 for further proceedings.

The present complaint was filed on04.01.2022and registered ascomplaint no. 5152 of 2021. The tracking reports of the email and postal authorities has been annexed with the complaint. The registry of the authority has also sent the notice dated 08.02.2022 to both the parties through post and email. The same has been shown as delivered on 20.01.2022 as per the repost of postal authorities and through email on 14.01.2022. The registry has also sent an email to following email addresses [email protected]@m3mindia.com File taken up today on an application moved on 17.02.2022 by the counsel for the complainant for issuance of interim orders under section 36 of the Real Estate Regulation and Development Act 2016. The prayer made by the complainant is re produced as under - a Stay the operation of notice of offer of possession dated 25.10.2021 pre-cancellation notice dated 25.11.2021 and cancellation notice dated 10.12.2021. b Restrain the respondents to re-allocate the commercial unit no. R-5 LG-23 Lower Ground Floor at Village Maidawas and Badshahpur Sector-65 Tehsil and District Gurugram in issue to any other personthird party or create any third party right till the adjudication of the present complaint c Stay the charge created in the allotted units of the complainants with Piramal Housing Private Limited by the respondents However the counsel for the respondent is seeking an adjournment in view of the settlement talks going on with the complainant wherein the matter is likely to be settled. Written reply not filed by the respondent. The respondent is directed file reply within 15 days with an advance copy to the complainant. In the meantime the respondent is directed not to create third party rights till the next date of hearing. The complainant is also directed to pay the undisputed amount within 15 days to the respondent. In view of the same matter is adjourned to 20.04.2022 for further proceedings.

The present complaint was filed on 04.01.2022 and registered as complaint No. 5152 of 2021. As per the registry, complainant has sent copy of complaint along with annexures through speed post as well as through email and proof regarding having the delivery of the complaint along with annexures made to the respondent has been submitted by the complainant as available in the file.  The registry of the authority sent a notice with a copy of the complaint along with annexures through speed post of which delivery confirmed on 20.01.2022 as per the tracking report of the speed post available in the file.  Registry has also sent the notice along with a copy of the complaint through email at following email address: [email protected]  [email protected] The same is shown to have been delivered on the above email address as per the report available in the file.  It is proper service of the notice.               Written reply not filed by the respondent. The respondent is directed to file reply within two weeks i.e. by 23.02.2022 in the registry with a copy to the complainant. Last opportunity is being granted. In case reply is not filed within the time allowed, the defense of the respondent may struck off.              Matter to come up on 20.04.2022 for further proceedings.