NEENA AGARWAL vs LOTUS REALTECH PVT. LTD

Matter to come up on 20.01.2026 for further proceedings.

RE-OPENED

The present complaint has been received on 10.08.2022 and reply on behalf of the respondent was received on 27.03.2023. Succinct facts of the case as per complaint and annexures are as under: S.no                                     Particulars Details 1. Name of the project “Lotus Homz”, Sector- 111, Gurugram 2. Nature of project Affordable Group Housing Colony 3. RERA registered/not registered 214/2017 dated 18.09.2017 Valid upto 30.06.2020 4. DTPC License no. 47 of 2014 dated 18.06.2014 Validity status 31.05.2021 Name of licensee Ashok Kumar & 1 Ors. Licensed area 05.09 acres 5. Unit no. 503, Tower C (3), 5th floor [as per buyer’s agreement on page 15 of complaint] 6. Unit measuring   605.55 sq. ft. (carpet area) [as per buyer’s agreement on page 15 of complaint] 7. Date of execution of Apartment buyer’s agreement 02.02.2016 [as per buyer’s agreement on page 13 of complaint] 8. Possession clause 3.1 Subject to force majeure circumstances, intervention of statutory authorities, receipt of occupation certificate and allottee having timely complied with all its obligations, formalities or documentation, as prescribed by developer and not being in default under any part hereof and Apartment Buyer's Agreement, including but not limited to the timely payment of installments of the other charges as per the payment plan, stamp duty and registration charges, the developer proposes to offer possession of the said apartment to the allottee within a period of 4 (four) years from the date of approval of building plans or grant of environment clearance, (hereinafter referred to as the "Commencement Date"), whichever is later. 9. Approval of Building Plan 22.10.2014 (as per buyer’s agreement on page 14 of complaint) 10. Environment clearance N/A 11. Due date of possession 22.10.2018 (the due date is calculated from the date of approval of building plans) 12. Total Sale Consideration Rs.24,67,375/- [as per buyer’s agreement on page 17 of complaint] 13. Total amount paid by the complainant Rs.6,16,844/- (as alleged by complainant on page 8 of complaint, but Rs.6,39,205/- as per cancellation letter on page 10 of reply) 14. Occupation certificate 01.06.2021 15. Offer of possession N/A 16. Demand Letter 10.01.2019 (page 11 of reply) 17. Publication 14.03.2019 (page 12 of reply) 18. Cancellation Letter 29.10.2020 (page 10 of reply) 19. Refund of amount letter   11.07.2022 (page 13 of reply)   The complainant is seeking possession of the unit alongwith delayed possession charges. The counsel for the respondent states that the complainant had booked a unit bearing no. 503, Tower C, 5th floor in Affordable Group Housing Colony named as “Lotus Homz” vide buyer’s agreement dated 02.02.2016 for a total sale consideration of Rs.24,67,375/. Out of the said consideration she has paid a sum of Rs.6,39,205/- till date. Accordingly, demands were raised against the balance amount vide letter dated 10.01.2019 and publication was made in daily newspaper named “Haribhoomi” on 14.03.2019. But due to her failure in paying the same despite repeated requests, the unit was cancelled vide cancellation letter dated 29.10.2020 and after deducting Rs.1,48,369/- balance amount of Rs.4,90,836/- was sent to complainant vide Cheque bearing no. 15552 as refund. The proxy counsel for the complainant seeks an adjournment as the arguing counsel is not available. Matter is pending since 10.08.2022 which is more than 2 years.  There is no justification in delaying the matter anymore. Pleadings are on record. However in the interest of justice, parties may file written submissions within a period of 2 weeks with an advance copy to each other. Order reserved. Matter to come up on 04.03.2025 for pronouncement of order.

The present complaint has been received on 10.08.2022 and reply on behalf of the respondent was received on 27.03.2023. Case has been called out but no one has appeared on behalf of the  parties.   One last and final opportunity is being granted to the parties to appear and to argue the matter. Matter to come up on 28.01.2025 for further proceedings.

Proxy counsel for the complainant seeks short adjournment as main arguing counsel is not available today to argue the matter. On the request of proxy counsel for the respondent, the matter is adjourned to 01.10.2024 for further proceedings.

The present complaint has been received on 10.08.2022 and reply on behalf of the respondent was received on 27.03.2023. Both the counsels of  the parties seek short adjournment to argue the matter. Matter to come up on 02.08.2024 for further proceedings.

The  present complaint has been received on 10.08.2022 and reply on behalf of the respondent was received on 27.03.2023. Shri Devender Kumar - clerk of Shri J.S. Dahiya Advocate and proxy counsel for the respondent request for a short adjournment to argue the matter as the main counsels of both the parties are not available today. Request is allowed. Matter to come up  on 17.05.2024 for further proceedings.

The present complaint has been received on 10.08.2022 and reply on behalf of the respondent was received on 27.03.2023. Shri Devender Clerk of Shri J.S Dahiya  Advocate has appeared and requests for a short adjournment.  Request is allowed. Matter to come up on 09.02.2024 for further proceedings.

The present complaint has been received on 10.08.2022 and reply on behalf of the respondent was received on 27.03.2023/ The counsel for the complainant requests for a short adjournment for arguments. Request is allowed. Matter to come up on 17.11.2023 for further proceedings.

The present complaint has been received on 10.08.2022 and reply on behalf of the respondent was received on 27.03.2023. The proxy counsel of the complainant seeks a short adjournment as the main counsel is not available today to argue the matter. Request is allowed. Matter to come up on 8.9.2023 for further proceedings.

Clerk of Shri J.S. Dahiya Advocate requests for a short adjournment as the counsel is out of station and filed a power of attorney of Shri J.S. Dahiya Advocate today.  Request is allowed. However,  the respondent is directed to file the reply within next 2 weeks with an advance copy to the complainant failing which defence of the respondents shall be struck off. Matter to come up on 05.05.2023 for further proceedings.

Coram is not complete, so the matter is adjourned to 03.03.2023 for the purpose as already fixed.