MRS SHILA DEVI AND HITENDER KADIAN vs VATIKA LIMITED

Adjourned to 16.04.2024 for the purpose as already fixed.

Matter is adjourned to 23.01.2024.

The present complaint has been received on 03.02.2023 and the reply on behalf of respondent was received on 03.07.2023. Succinct facts of the case as per complaint and annexures are as under: S.N. Particulars Details 1. Name of the project Emilia in Vatika India Next, 82,82A,83,84,85, Gurgaon, Haryana 2. Date of allotment letter 25.11.2010 (page 42 of complaint) 3. Date of builder buyer agreement 21.04.2011 (page 49 of complaint) 4. Plot no.   5, block E, street 2, floor second (page 42 of complaint) 5. Due date of possession 21.04.2014 6. Total sale consideration Rs. 23,16,419/- 7. Total amount paid by the complainant Rs. 9,44,620/- 8. Termination of builder buyer agreement 06.11.2018 (page 16 of reply) Due to GAIL pipeline 9. Offer of possession Not offered 10. Occupation certificate Not obtained The complainant has sought following relief: Pass an order for restore the booking of the complainants and direct the respondent to handover the actual, physical, vacant possession of the unit. If the respondent is not able to deliver the same unit as booked by the complainant, then direct the respondent to handover another unit of same size in their same project or another project in Gurugram. The counsel for the respondent  requests for a short adjournment to explore the possibility of  amicable settlement and offer of alternate unit to the complainant . However, the complainant present in person states that earlier response of settlement has not yielded positive result and still is open for settlement if respondent is earnest and sincere in its offer. Matter to come up on 14.12.2023 for further proceedings.

The  present complaint has been received on 03.02.2023 and the reply on behalf of respondent was received on 03.07.2023. Succinct facts of the case as per complaint and annexures are as under: S.N. Particulars Details 1. Name of the project Emilia in Vatika India Next, 82,82A,83,84,85, Gurgaon, Haryana 2. Date of allotment letter 25.11.2010 (page 42 of complaint) 3. Date of builder buyer agreement 21.04.2011 (page 49 of complaint) 4. Plot no.   5, block E, street 2, floor second (page 42 of complaint) 5. Due date of possession 21.04.2014 6. Total sale consideration Rs. 23,16,419/- 7. Total amount paid by the complainant Rs. 9,44,620/- 8. Termination of builder buyer agreement 06.11.2018 (page 16 of reply) 9. Offer of possession Not offered 10. Occupation certificate Not obtained  The counsel for the complainant requests for delayed possession interest and possession of the unit booked or if the same is not available an alternate unit at the same rate and same price may be allotted. The counsel for the respondent states that the unit has been terminated on   6.11.2018 due to non availability of the unit due to passing of gas pipe line and offer for taking refund/alternative unit  was made vide letter dated 6.11.2018 but there was no response from the complainant-allottee.  However , the counsel  for the complainant  states that the complainant made a request to the respondent to allot alternate unit at the same price and letter was duly acknowledged by the unit.  Total sale consideration of the unit is Rs.27,03,123/- against which the complainant has paid only Rs. 09,44,620/-. The complainant is willing to amend the relief in the complaint  for which he is requested and the request is allowed. Matter to come up on 28.9.2023     for final arguments.

The present complaint was filed on 03.02.2023 and registered as complaint No. 410 of 2023. 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 11.02.2023 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] and the same are 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 has not been filed by the respondent. Shri Dhruv Dutt Sharma Advocate has appeared on behalf of the respondent and filed power of attorney and requests for a short adjournment for filing of reply.  Respondent is directed to file reply within two weeks i.e. by 25.04.2023   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. The complainant present in person  requests for an early hearing.    Matter to come up on 11.07.2023 for further proceedings.