SANTOSH KUMAR AND VIVEK KUMAR vs ARMED FORCES OFFICIALS WELFARE ORGANIZATION

Order reserved. Matter to come up on 15.07.2025   for pronouncement of order.

The complaint has been received on 12.06.2023 and the reply of respondent no. 1 has been received on 14.09.2023 and on 30.11.2023 by respondent no. 2. Matter could not be heard today. Matter to come up on 15.04.2025 before the full bench for further proceedings.

The complaint has been received on 12.06.2023 and the reply of respondent no. 1 has been received on 14.09.2023 and on 30.11.2023 by respondent no. 2                              In the present complaint the complainant states that they booked two unit in the said project and paid 21 lacks in total against the said units. Whereas no documentary proof is placed on record showing allotment of two units rather application for allotment letter of one unit is attached in the file.  The respondent no. 1 in its amended reply acknowledged the above mentioned fact that the complainants paid an amount of ₹ 20 lacs to respondent no. 1 through multiple cheques pertaining to the two said flats. Respondent no. 2 in its reply states that neither there is any transaction between the respondent no. 2 and complainant nor between respondent no. 1 & respondent no. 2.  The counsel for respondent no. 2 states that since there is no privity of contract with the complainant therefore, its name may be deleted from the said complaint. The counsel for the complainant wishes to file the application for amendment of relief from DPC to refund. Request is allowed. The complainant is directed to file the same within 2 weeks after duly served to the respondents. Matter to come up on 14.01.2025 for further proceedings.

The complaint has been received on 12.06.2023 and the reply of respondent no. 1 has been received on 14.09.2023 and on 30.11.2023 by respondent no. 2. Case has been called out but no one has appeared on behalf of the complainant today. One last and final opportunity is granted to the complainant to appear and to argue the matter. Matter to come up on 01.10.2024 before full bench  for further proceedings.

The complaint has been received on 12.06.2023 and the reply of respondent no. 1 has been received on 14.09.2023 and on 30.11.2023 by respondent no. 2.                              The counsel for the complainant states that they have not yet received the reply from R1 whereas it has been filed in the authority on 14.09.2023.  The clerk on behalf of respondent No.1 states that counsel is not available today hence requests for a short adjournment. It appears that R1 is intentionally avoiding the proceedings of the authority and hence, it is hereby directed that R1 should personally appear through its authorized representative on the next date of hearing failing which  the authority shall be bound to initiate penalty proceedings u/s 63 of the Act.  R1 is further directed to hand over one copy of the reply which they have filed in the authority on 14.09.2023 through post as well as through  mail to R2 and the complainant within 2 weeks. Matter to come up on  26.07.2024  for further proceedings.

File taken up today as 08.03.2024  has been declared as a Holiday on account of Mahashiv Ratari so this matter is adjourned for 03.05.2024 for the same purpose as already fixed.

The complaint has been received on 12.06.2023 and the reply on behalf of respondent No.1  has been received on 14.09.2023. The proxy counsel for respondent No.1 states that they had sent the copy of reply through mail, although the counsel for the complainant states that he has not yet received the said reply, hence the counsel for respondent No.1 states that he shall re-send reply through mail within a week.  Respondent No.2 has handed over the copy of reply to the counsel for the complainant during proceedings and shall be filing the copy of reply in the registry within one week. Matter to come up on 08.03.2024 for further proceedings.

Due to  administrative exigency,  the matter is adjourned to 24.11.2023  for further proceedings.