MAYA GUPTA AND SAURABH PRAKASH vs SPAZE TOWER PRIVATE LIMITED THROUGH ITS MANAGING DIRECTOR AND OTHER DIRECTORS

The present complaint has been received on 17.05.2022 and the reply has been received along with an application on maintainability of complaint is filed by the respondent on 01.08.2023. Both the counsels of the parties state that settlement talks are going on between the parties to settle the matter amicably and seek short adjournment. Request is allowed. Both the parties may file settlement deed within a period of one month in the registry of the Authority. Matter to come up on 12.7.2024 for further proceeding.

As per order dated 29.9.2023, complainant was directed to file reply of the application on maintainability of complaint within 15 days of the order. Reply of application on maintainability of complaint filed today and copy of same supplied to Ld counsel for respondent.  Now complaint be  listed before the authority on 12.4.2024 on which date other connected  matter ( CR No.2145/2022 ) in between the same parties is listed for hearing.

The   present complaint has been received on 17.05.2022 and the reply has not been received till date whereas an application on maintainability of complaint is filed by the respondent on 01.08.2023. Reply has not been filed by the respondent so far. The counsel for the complainant requests for a short adjournment to file reply to the application for maintainability moved by the counsel for the respondent.  Request is allowed. The counsel for the complainant is directed to file reply to the above said application within 15 days with an advance copy to the respondent. Hence, both the matters at serial No.37 and 81 of cause list today may be taken up on 05.01.2024.

The present complaint was filed on 17.05.2022 and registered as complaint no. 2144 of 2022. On the last date of hearing, the counsel for the complainant sought a short adjournment as he had to attend a case pending before the Delhi High Court.  He stated at bar that settlement talks between the parties are also going  on. Request was allowed. It was also directed that in case the settlement is not arrived between the parties, the respondent was directed to file the reply within two weeks i.e., by 21.02.2023 in the registry with an advance copy to the complainant subject to cost of Rs. 5,000/- to be paid to the complainant. Last opportunity is being granted. In case the reply is not filed within the time allowed, the defence of the respondent may be  struck off.                      The counsel for the respondent has handed over a copy of reply alongwith previous costs to the counsel for the complainant during proceedings and requests for a short adjournment for filing of the reply in the registry. The respondent is directed to file reply within a week in the registry. Last opportunity is being granted. In case the reply is not filed within the time allowed, the defence of the respondent shall struck off          Matter to come up on 29.09.2023 for further proceedings.

The present complaint was filed on 17.05.2022 and registered as complaint no. 2144 of 2022. On the last date of hearing, counsel of the respondent appeared and moved an application for mediation along with fees for amicable settlement of the matter.            The application was allowed, and he was directed to file the reply within two weeks in the registry with an advance copy to the complainant if the matter is not settled.           Vide order dated 26.08.2022, the complaint was sent back to the authority from adjudicating officer as no settlement could be reached.            The counsel for the complainant seeks a short adjournment as he has to attend a case pending before the Delhi High Court. No reply has been filed so far. Respondent is directed to file the reply within two weeks i.e., by 21.02.2023 in the registry with an advance copy to the complainant subject to cost of Rs. 5,000/- to be paid to the complainant. Last opportunity is being granted. In case the reply is not filed within the time allowed, the defence of the respondent may struck off.             Matter to come up onn 28.07.2023 for further proceedings.

In order to clear pendency of proceedings of the day and orders,  the matter is adjourned to 07.02.2023 for the purpose as already fixed.

Matter could not be settled despite deliberations.                           File be sent back to the Authority.                           Parties are directed to appear before the Authority on 13.10.2022, the date already fixed.

The present complaint was filed on17.05.2022and registered as complaint No. 2144 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 on 16.06.2022as per the tracking report of the speed post available in the file.  However, no reply has been received on behalf on the respondent till date.         The counsel for the respondent has moved an application for mediation alongwith fee of Rs.5,000/-  as the counsel requests for amicable settlement of the dispute with the complainant. 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. 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. 2.            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 13.10.2022 and hereby grant time to complete the mediation  process within this reasonable time. 3.            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. ____________________________ ____________________________ ____________________________” 4.            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. 5.            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.           Both the parties are directed to appear before the mediation centre on 26.08.2022.                However if the matter is not settled in the mediation,  the counsel for the respondent is directed to file reply within 2 weeks after the date of mediation.                Matter to come up  on 13.10.2022 for further proceedings.