NBCC HEIGHTS RWA THROUGH RANDHIR SINGH REDHU vs NBCC INDIA LTD

Due to lack of Coram,  the matter is adjourned to 24.12.2024  for the purpose as already fixed.

The present complaint was filed on 12.07.2022 and the reply on behalf of respondent has been received on 14.02.2023. On the last date of hearing, the respondent was directed to file updated status regarding rectification of the deficiencies pointed out by the authority within 8 weeks.   However, neither has anyone appeared on behalf of the respondent nor has any status report been filed.  In view of the above, the respondent is directed to show cause as to why a penalty of Rs.10 Lakhs may not be imposed upon the respondent  for violation of directions of the Authority under section 63 of the Act,  2016.  A copy of this order shall also be endorsed to the CMD of the respondent.   Shri Randhir Singh – President of the RWA states that the structural audit report has been submitted by the Committee duly constituted by the Administration, a copy of which shall be filed in the authority within one week and a copy of the same has been emailed to the respondent.  He states that the report has pointed out serious deficiencies on the part of the promoter which needs to be rectified immediately. Matter to come up on 15.10.2024 for further proceedings.

The present complaint was filed on 12.07.2022 and the reply on behalf of respondent has been received on 14.02.2023. Arguments heard. Both the parties are directed to file additional evidence, if any, more particularly w.r.t the handing over and taking over of the charge. The counsel for the respondent states that the respondent is willing to hand over the IFMS amount, if the handing over of the project is acknowledged by the complainant association. Further as per orders of District Administration,   structure audit of the project is being carried out and assured to rectify the remaining defects in structure or workmanship after the report.  Further, the respondent has taken many steps to rectify the deficiencies pointed by the association.  The respondent to file the updated status report within 8 weeks. The association is requesting for handing over the complete details alongwith copies of the sanctioned plan and copies of approvals  obtained from various statutory authorities for which the respondent is directed to ensure supply of the copies of the sanctioned plan and to intimate the association if any such approval/NoCs are not obtained or are not available. Matter to come up on 30.07.2024 for further proceedings.

Coram  of full bench is not complete.  Hence the case is adjourned to  02.04.2024    for the purpose already fixed.

The present complaint was filed on 12.07.2022 and the reply on behalf of respondent has been received on 14.02.2023. The counsel for the complainant is filing the written submissions today  in the registry of the authority and a copy of the same has been supplied to the counsel for the respondent during proceedings. The counsel for the respondent requests 10 days time for filing written submissions which could not be filed earlier due to various administrative meeting on the issues in the complaint. Request is allowed. The respondent is directed to file written submissions within 10 days with an advance copy to the complainant. Matter to come up on 16.01.2024 for further proceedings.

The present complaint was filed on 12.07.2022 and the reply on behalf of respondent has been received on 14.02.2023. The succinct facts of the case are as follows: Sr. No. Particulars Details 1.        Name of the project NBCC Hights RWA, Sector-89 2.        Total area of the project 11.300 acres 3.        Nature of the project Group Housing Colony 4.        DTCP license no. 04 of 2009 dated 13.02.20009 valid upto 5.        Name of licensee National Building Corporation Limited 6.        Registered/not registered Not Registered 7.        Total no. of towers in the project 10 Towers, EWS, Community HALL, Shopping complex and Nursery School 8.        Occupation certificate 19.07.2017 (Page 37 of the complaint) 9.        NBCC Heights RWA Complainant herein through Sh. Randhir Singh Redhu and Dr. Kulbir Singh Registered vide No. HR-18-2018-03437 dated 25.09.2018 under the Haryana Registration and Regulation of Societies Act 2012   Relief sought by the complainants: -   1.     Direct the respondent that entire IFMS deposit along with interest @, the authority deemed feet accrued thereon w.e.f. 1st May 2020 (The date of handing over of common area maintenance to owners’ association) is handed over to a duly elected body of apartment owners till date of payment it. 2.     Direct the respondent to cancel the allotment of common facilities and hand over all the common area facilities/amenities of the project such as covenant shopping and nursery school to Flat owners Association. 3.     To order the respondent for third party structural audit from a reputed Govt. agency as per clause 10.2.4 of Memo Misc-2339-(HIBC)-Loose- 11/7/9/2022- 2TCP dated 27-06-2022 Haryana Building code 2017. 4.     To order the respondent to reconstruct the tilted and collapsed boundary wall on priority.   5.     Direct the respondent to submit deed of declaration of common amenities         duly vetted by the authority. 6.     To order the respondents to complete pending works to the satisfaction of this authority in a time bound manner and obtain completion certificate from the competent authorities. 7.     To order the respondents to deposit their share of common area maintenance charges of all the flats due from 1St May 2020 to the date of possession of the respective flat. 8.     To order the respondents to handover all the inventories of the common area structure as defined in clause 3 of HAOA 1983 to the owners  Association. 9.     To order the respondents to transfer the common area maintenance collected from the allottees for the month of April 2020. 10.          To order the respondent to transfer unspent amount of CAM for the period of April 2019 to May 2020. 11.          To order the respondent to allot parking space conforming to Haryana             building code 2017 where allotted parking spaces are smaller in size or                 have accessibility problem. 12.          To order the respondent to replace faulty solar water heating system. 13.          Order the respondent to get renewed Consent to Operate Sewage             Treatment Plant, NOC from Chief Electrical Inspector and Department        of Environment.   Both the parties are directed to submit written submissions not more than 3 pages within a period of 15 days with an advance copy to each other.   Matter to come up on 10.10.2023 for final arguments.

Matter could not heard today as the coram for full bench is not complete. To come up on 25.07.2023 for further proceedings.

The present complaint was filed on 04.07.2022 and registered as complaint no. 4897 of 2022.             On the last date of hearing, i.e., 18.10.2022 Shri Ray Vikram Nath Advocate appeared on behalf of the respondent company and was directed to file the reply within two weeks, i.e., by 30.10.2022 in the registry. But the respondent failed to comply with the orders of the authority by not filing a written reply within the time allowed.        The counsel for the respondent has supplied a copy of the reply to the counsel for the complainant during proceedings and seeks for a short adjournment for filing of reply in the registry of the authority. Respondent is directed to file the reply within 7 days i.e., by 21.02.2023 in the registry. Last opportunity is being granted. In case reply is not filed within the time allowed, the defence of the respondent shall be struck off.            Matter to come up on 18.07.2023 for further proceedings.

The present complaint was filed on 04.07.2022 and registered as complaint No 4897 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 tracking report shows that the “item delivery confirmed” on 24.08.2022 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 on 17.08.2022 at following email address: [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 counsel for the respondent request adjournment for filing reply.  The respondent is directed to file reply within two weeks i.e. by 31.10.2022 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 be struck off.            Matter to come up on 14.02.2023  for further proceedings.