DR DOLLY CHOPRA vs VATIKA LIMITED

The present complaint has been received on 04.10.2022 and the reply was received on 23.06.2023.  On the last date of proceedings the respondent was directed to file an affidavit regarding non availability of  plot/unit in the project under consideration within a period of 2 weeks alongwith written submissions which they have not yet filed. One last and final opportunity is being given to the respondent to comply with the directions of the authority vide its order dated 06.10.2023. Matter to come up on 22.03.2024 for further arguments.

The present complaint has been received on 04.10.2022 and the reply was received on 23.06.2023.  Succinct facts of the case are as under: S.N. Particulars Details 1. Name of the project “Vatika India Next”, Sector 82A, Gurugram. 2. Allotment letter 20.01.2009 [pg. 15 of complaint] 3. Plot no.   255, block C admeasuring 240 sq. yards [pg. 25 of complaint] 4. Date of execution of plot buyer’s agreement 15.03.2011 [pg. 21 of complaint] 5. Possession clause 10 Handing over possession of the said plot to the allottee That the Promoter based on its present plans and estimates and subject to all just exceptions, contemplates to complete construction of the said building/said independent dwelling unit within a period of three years from the date of execution of this Agreement. 6. Due date of possession 15.03.2014 7. Total sale consideration as per BBA ₹ 49,20,000/- [pg. 26 of complaint] 8. Paid up amount ₹ 43,82,400/- [Alleged by the complainant, page 5 of complaint] 9. Occupation certificate Not obtained 10. Offer of possession Not offered   The counsel for the complainant states that the complainant had booked a residential plot in above project for which BBA was executed on 15.03.2011  and they have already paid a sum of Rs.43,82,400/- against a total sale consideration of Rs.49,20,000/- (BSP) and total sale consideration was Rs.53,64,000/- and till now  the OC has not been received and no offer has been made to them and the complainant is seeking DPC and possession.  Further the counsel for the complainant states that  the respondent has already constructed a commercial project on the same land in which the residential plot  was allotted to the complainant, hence, the original allotted residential plot does not exist now. The counsel for the respondent states that  there is no such pleading regarding commercial construction on the said unit as per the pleadings of the complainant in the complaint filed. Further states that  there was change in the master layout plan of the said township and the respondent had offered the complainant to come forward for reallotment of some other plot as per page 54 to 58 of the complaint. The counsel for the complainant states that complainant is an NRI and living Offshore and the intimation regarding changes in the master layout plan and offer for choosing an alternate plot was not made through email, rather by post which is a letter dated 30.04.2013. Further states that the letter dated 30.04.2013 was received by the complainant  on 8.5.2013 i.e. after the expiry of time given in letter dated 30.04.2013  which was upto 07.05.2013 and further  on 29.05.2013, the complainant sent a letter in response to the letter dated 30.04.2013 in which it was mentioned that as per the discussion with the customer care of the respondent by the complainant it was told that  reallocation for  me has been postponed till further notice. Further stated that as per email dated 30.07.2013 of the respondent which is at page 57 it is mentioned that construction is in progress and is in full swing,  hence they shall inform you when a certain milestone is achieved. The counsel for the respondent states that on 26.02.2014 there was an email sent by the respondent which is Annexure C5 at page 53 which states that we do have more than 8 options available for reallotment,  requesting you to please select the unit and for reallotment of the plot. The counsel for the complainant states that they had sent reply on 01.03.2014 to the above said mail dated 26.02.2014 in which it was mentioned that “please find attached my reply and relevant documents in response to your letter No.ref#12-01-0069005-20/02/2014 the same shall be couriered to you on first working day. The counsel for the complainant states that as per page 71 of the reply,  the respondent was well aware that it is not a residential unit rather it is a commercial complex and still they had accepted it as a residential unit. The counsel for the respondent states that there  is no plot/unit available in this  very project, hence they are ready to refund the deposited amount. Further the counsel for the complainant is not agreeable to the same.  The respondent is hereby directed to file an affidavit regarding non availability of plot in the very same project within a period of 2 weeks alongwith written submissions. Arguments heard. Both the parties are directed to submit written submissions within a period of 15 days with an advance copy to each other. Order reserved. Matter to come up on 12.01.2024 for further proceedings.

The  present complaint has been received on 04.10.2022 and the reply was received on 23.06.2023. The counsel for the complainant states that the complainant  has not received the reply. However counsel for the respondent states that reply has been sent by post as well as mail. Still he is directed to supply the copy of reply to the counsel for the complainant within 3 days. Matter to come up  on 06.10.2023 for further proceedings.

The present complaint was filed on 04.10.2022 and registered as complaint No. 6578 of 2022. 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  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 not been delivered on the above email address as per the report available in the file.  Written reply not filed by the respondent till date. The counsel for the respondent requests for a short adjournment for filing of reply.  Respondent is directed to file reply within two weeks i.e., by 27.01.2023, with advance 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 matter to come up on 14.7.2023 for further proceedings.