MR SACHIN MINOCHA vs SPAZE TOWERS PVT. LTD.

The clerk of the counsel of the complainant requests for a short adjournment and the counsel for the respondent states that settlement talks are going on between the parties.  Request is allowed. Matter to come up on 02.08.2024  for further proceedings.

Both the counsels for the parties states at bar that settlement talks are going on between the parties and  request for a short adjournment to file the settlement deed. Request is allowed.  The counsel for the respondent is directed to submit settlement deed within one month failing which arguments shall be heard on Matter to come up on 17.05.2024 for further proceedings.

Vide Resolution No.2116 dated 18.01.2024, District Bar Association, Gurugram has conveyed that due to sad demise  of  Shri Parveen Rao  Advocate, the  court work shall  remain suspended.  Matter is adjourned to 09.02.2024   for the purpose already fixed.

Both the counsels state that settlement talks are at final stage of getting concluded and hence requests for 15 days time to file the settlement deed.  Request is allowed. Matter to come up on 19.01.2024 for further proceedings.

The  court is adjourned today i.e. 20.10.2023 due to power cut in the HARERA Gurugram office.  Matter to come up on 10.11.2023 for further proceedings.

Both the counsels for the parties have stated at bar that the settlement talks are going  on between the parties and  is at an advance stage and seek a short adjournment for filing of settlement deed.  Both the parties are directed to file settlement deed within 4 weeks failing which matter shall be heard on merits  on 20.10.2023. Matter to come up on 20.10.2023.

Both the counsels for the parties state at bar that settlement talks are almost near completion and they shall file the settlement deed within a period of two months. Matter to come up on 08.09.2023 for further proceedings.

The counsel for the parties have stated at bar that settlement talks are in progress and seeks adjournment for filing settlement deed. Both the parties are directed to file settlement deed, if any, failing which the matter shall be heard on merits. Matter to come up on 28.04.2023 for further proceedings.

Proceedings were adjourned due to administrative reasons.  Therefore,  no hearings. Adjourned to 23.02.2023 for the purpose as already fixed.

The counsel for the parties state at bar that the settlement talks are going on between the parties  to amicably settle the matter and seeks a short adjournment for filing settlement deed. Request is allowed. Matter to come up on 22.12.2022 for filing settlement deed.

In order to clear pendency of proceedings of the day and orders,  the matter is adjourned to 14.10.2022 for the purpose as already fixed.

Both the counsels for the parties have stated at bar that the settlement talks are going on for amicable settlement of the complaint and hence, requests for a short adjournment. Hence, if the matter is amicably settled, a copy of settlement deed be filed by the respondent before next date of hearing. Matter to come up on 13.10.2022 for further proceedings.

The counsel for the respondent and complainant have stated at bar that settlement talks are going on between the parties and seeks time to submit the settlement deed. Request is allowed. Matter to come up on 11.07.2022 for filing settlement deed.

The present complaint was filed on 21.10.2020 and registered as complaint No. 3537 of 2020. 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 05.11.2020 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 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.           The counsel for the respondent states at bar that settlement talks are in advance stage of finalization  and likely to mature very shortly.  However,  the counsel for the complainant states about failure of the settlement talks and has put on record an application attaching additional documents relating to offer of possession which is taken on record.          The respondent is directed to file reply within two weeks by 11.02.2022 in the registry with an 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 06.04.2022 for further proceedings.

The present complaint was filed on 21.10.2020 and registered as complaint No. 3537 of 2020. 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 05.11.2020 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.                The respondent put in appearance through counsel Sh. Ishaan Dang who has requested for a date and the same was allowed on 27.08.2021. The authority has imposed costs of Rs.5000/- for non-filling of the reply.  The costs imposed of Rs.5000/- has been received by the counsel  for the complainant today.  The counsel for the respondent intimates that settlement talks are going on with the complainant and the matter is likely to settle.            The matter to come up on 28.01.2022 for further proceedings.

THE MATTER IS ADJOURNED TO 09.12.2021.

Reply not filed by the respondent.  Respondent is directed to file reply within 10 days with an advance copy to the complainant subject to payment of Rs.5,000/- as costs to be paid to the complainant on the next date of hearing.                   Shri Ishaan Dang Advocate appearing on behalf of the respondent has requested for a date.  Request allowed. It shall be the last opportunity.                   Matter to come up on 21.10.2021 for final arguments.

Coram not complete. Matter is fixed for 27.08.2021 for the purpose  already fixed.

Reply not filed by the respondent. Respondent is directed to file reply by 31.07.2021 with an advance copy to the complainant failing which Rs.5000/- as costs per day shall be imposed upon the respondent to be paid to the complainant.               The counsel  for the respondent has stated at bar that the settlement is on the anvil.               Matter to come up on 27.07.2021 for filing settlement deed, if any.

Reply not filed by the respondent. Respondent is directed to file reply within 10 days with an advance copy to the complainant.                    Matter to come up on 08.07.2021 for  further proceedings.

Proceedings   1.     In view of provisions of section 25 read with section 32(g) of the Real Estate (Regulation and Development) Act, 2016. wherein the Authority is empowered to facilitate the growth and promotions of a healthy, transparent, efficient and competitive real estate sector, it is necessary to take measures to facilitate amicable conciliation of dispute between the promoters and the allottees. A representation from Spaze Towers Private Limited  for settlement has been received  and a large number of its cases are pending before the Authority. In order to save time and money, it appears to the Authority that there exist elements of settlement of dispute which may be acceptable to the parties, The Authority hereby orders mediation under section 89 Code of Civil Procedure, 1908 in cases as given in annexure A through this referral order. The details of reference are as under: -   1. Name of the referral forum    The Haryana Real Estate Regulatory Authority, Gurugram 2. Complaint No. Complaint No. 3537/2020 (Available on website i.e. www.haryanarera.gov.in) 3. Name of the Parties Sachin Minocha versus Spaze Towers Private Limited 4. Date and year of institution of cases Same 5. Stage of proceedings Reply received in some matters and replies are pending in some matters 6. Nature of dispute Dispute between developer/builder (promoter) and customers (allottees) 7. The statutory provision under which the reference is made Section 89 of The Code of Civil Procedure, 1908 8. Next date of hearing before the Authority 20.04.2021 9. Whether the parties have consented for mediation Specific consent was not taken and also no objections have not been received 10. Name of the institution/mediator Sh. S.C. Goel, (Retd.) District and Session Judge and Adjudicating Officer, HARERA, Gurugram and Smt. Deepa Malik, Chief Public Grievances Officer and Chief Public Relation Officer, HARERA, Gurugram and Smt. Geeta Rathi, Legal Officer, HARERA, Gurugram One representative from promoters association (NARDECO/CREDAI) and one representative from Association of Allottees, if nominated by the respective president. 11. To whom the case is referred for mediation As detailed above 12. The date and time for the parties to report before the institution/ mediator 26.03.2021 at 2.00 PM (Available on website i.e. www.haryanarera.gov.in) 13. The time limit for completion the mediation Before 20.04.2021 14. Quantum of fee/ remuneration if payable A Demand draft of Rs.5,000/-has been received from the promoter   15. Contact address and telephone numbers of the parties and their Advocates As per record 2.            In terms of Section 89 of The Code of Civil Procedure, 1908 and the Judicial pronouncements, consent of the parties is not mandatory for referring a case for Mediation. The absence of consent for reference does not effect the voluntary nature of the mediation process as the parties still retain the freedom to agree or not to agree for settlement during mediation. 3.            In order to prevent any misuse of the provision for mediation by causing delay in the proceedings/disposal of the case, the Authority while referring the matters for mediation, has decided to post the case for further proceedings on 20.04.2021 and hereby grant time to complete the mediation  process within this reasonable time. 4.            As held by the Supreme Court of India in Afcons Infrastructure Ltd. and Anr. V. Cherian Varkey Construction Co. Pvt. Ltd. and Ors. (2010) 8 Supreme Court Cases 24, having regard to their nature. “All suits and cases of civil nature in particular the following categories of cases (whether pending in civil courts or other special tribunals/ forums) are normally suitable for ADR processes: (i)          All cases relating to trade, commerce and contracts, including -                Disputes arising out of contracts (including all money suits); -                Disputes relating to specific performance; -                Disputes between suppliers and customers; -                Disputes between bankers and customers; -                Disputes between developers/ builders and customers; -                Disputes between landlords and tenants/ licensors and licensees; -                Disputes between insurer and insured. ____________________________ ____________________________ ____________________________” 5.            The parties were motivated to resolve their disputes through mediation. Even if the parties are not inclined to agree for mediation, the Authority has tried to ascertain the reason for such disinclination in order to persuade and motivate them for mediation. The Authority explained the concept and process of mediation and its advantages and how settlement to mediation can satisfy underlying interest of the parties. 6.            The Authority hereby orders that the mediation reports be placed before the Authority for passing consequential orders. The parties are directed to remain present personally or through their authorized representative in the proceedings before the Authority. 7.            If there is no settlement between the parties, the proceedings before the Authority shall continue in accordance with law. In order to ensure that the confidentiality of the mediation process is not breached, the Authority shall neither ask for the reasons for failure of the parties to arrive at a settlement, nor should the Authority allow the parties or their counsel to disclose such reasons to the Authority. However, it is open to the Authority to explore the possibility of a settlement between the parties. To protect confidentiality of the mediation process, there should not be any communication between the Authority and the mediator regarding the mediation during or after the process of mediation. 8.            If the dispute has been settled in mediation, the Authority will examine whether the agreement between the parties is lawful and enforceable. If the agreement is found to be unlawful or unenforceable, it shall be brought to the notice of the parties and the Authority will desist from acting upon such agreement. If the agreement is found to be lawful and enforceable, the Authority will act upon the terms and conditions of the agreement and pass consequential orders. To overcome any technical or procedural difficulty in implementing the settlement between the parties, it is open to the Authority to modify or amend the terms of settlement with the consent of the parties.                If the settlement is not effected between the parties,  the matter shall be heard on merits on 20.04.2021.

Coram not complete. Matter is listed for 03.03.2021 for the purpose as already fixed.

Coram not complete. Matter is listed for  11.01.2021 for the purpose as already fixed.