SATISH KUMAR SHARMA vs VATIKA LIMITED

The present complaint was received on 06.07.2022 and the reply was received on 17.10.2022.  Vide order dated 20.07.2023, the authority appointed a local commission to visit the site to ascertain the availability of plots and submit a report within a period of 15 days. The requite report was submitted by the local commission on 25.10.2023 and it was concluded as under:   “5. CONCLUSION:   The site of the project namely Signature plus (Part of Vatika India Next) being developed by M/s Vatika Limited has been inspected on 18.10.2023. After the site inspection, it is submitted that;   I.         Originally a BBA dated 27.11.2009 for plot no. 68/240/Simplex/BR area admeasuring 1527 sq. ft., Sector-82, Gurugram was executed by the promoter which was endorsed in favour of the complainant on 05.09.2011 and after that an addendum was made on 26.03.2012 wherein the plot was re-allotted vide plot no. 18/240/Simplex/ST. 82 D1-4. II.      The respondent promoter have submitted the layout plan, revised layout plans of the plotted colony and one zoning plan of Sector-82, Gurugram of the project in accordance with the revised layout plan of the colony having area measuring 477.206 acres wherein the plot no. allotted to the complainant is not mentioned on any plan. The respondent promoter were asked to submit the zoning plan approved at the time of BBA/addendum to the plot and to mark the plot number allotted to complainant on plans submitted by them so as to find out the location of allotted plot but they failed to submit the both/same. III.   In the absence of submission of approved zoning plan (marked with the plot numbers) at the time of BBA/addendum to BBA, the location of plot number allotted to the complainant cannot be identified and, in that situation, the current status of the plot allotted to the complainant cannot be submitted. IV.    The promoter may be directed to submit the approved zoning plan (marked with the plot numbers) at the time of BBA/addendum to BBA to identify the location of complainant plot and accordingly the current status of that location will be submitted. V.       The promoter did not submit the list of plots sold and unsold in the project. VI.    The site photographs captured at the time of site inspection and approved layout plans submitted by the respondent are attached herewith.”   On 06.08.2024 the complainant very categorically requested the authority to direct the LC to visit the site again since the plot is still available with the broker and respondent is intentionally hiding the true facts. In view of the same authority again directed the LC to visit the site again and directed the respondent to provide the documents mentioned at serial no. 2 to 6 of the above LC report. On 25.10.2024 the LC again visited the site and as per the report dated 25.10.2024 it is recorded that after a long wait Mr. Nitin Bansal (Assistant Manager-Legal) appeared on behalf of respondent. Also, the respondent representative failed to produce any such document as directed by the authority vide order dated 06.08.2024 therefore no report can be submitted. In view of the above, the respondent is directed to show cause   under section 63 of the Act as to why a penalty of Rs. 5 Lakhs may not be imposed for violation of the directions of this authority and refusal to provide the relevant documents. Further, the respondent is directed to submit the relevant documents in the registry of the authority within a period of 3 weeks with an advance copy to the counsel for the complainant failing which the respondent shall be liable to pay penalty of Rs.10,000/- per day for each day of default. Matter to come up on 11.102.2025 for further proceedings.

The present complaint has been received on 06.07.2022 and the reply was received on 17.10.2022.  Vide order dated 20.07.2023, the authority appointed local commissioner to visit the site to ascertain the availability of plots and submit report within a period of 15 days. The requite report was submitted by the local commissioner on 25.10.2023 and it was concluded as under: “5. CONCLUSION: The site of the project namely Signature plus (Part of Vatika India Next) being developed by M/s Vatika Limited has been inspected on 18.10.2023. After the site inspection, it is submitted that; I.          Originally a BBA dated 27.11.2009 for plot no. 68/240/Simplex/BR area admeasuring 1527 sq. ft, Sector-82, Gurugram was executed by the promoter which was endorsed in favor of the complainant on 05.09.2011 and after that an addendum was made on 26.03.2012 wherein the plot was reallotted vide plot no. 18/240/Simplex/ST. 82 D1-4. II.       The respondent promoter have submitted the layout plan, revised layout plans of the plotted colony and one zoning plan of Sector-82, Gurugram of the project in accordance with the revised layout plan of the colony having area measuring 477.206 acres wherein the plot no. allotted to the complainant is not mentioned on any plan. The respondent promoter asked to submit the zoning plan approved at the time of BBA/addendum to the plot and to mark the plot number allotted to complainant on plans submitted by them so as to find out the location of allotted plot but they failed to submit the both/same. III.    In the absence of submission of approved zoning plan (marked with the plot numbers) at the time of BBA/addendum to BBA, the location of plot number allotted to the complainant cannot be identified and, in that situation, the current status of the plot allotted to the complainant cannot be submitted. IV.     The promoter may be directed to submit the approved zoning plan (marked with the plot numbers) at the time of BBA/addendum to BBA to identify the location of complainant plot and accordingly the current status of that location will be submitted. V.        The promoter did not submit the list of plots sold and unsold in the project. VI.   The site photographs captured at the time of site inspection and approved layout plans submitted by the respondent are attached herewith.”   The counsel for the complainant states respondent has not submitted the list of sold/unsold plots and even no documents has been provided to the LC at the time of his visit at site. Now,  they are saying that plot is not available whereas they are selling the plots on higher rates, it is violation of section 63 of the Act  and the respondent may be proceeded for penal proceedings. He further requests to direct the Local Commission to visit the site again and submit his report and the respondent be directed to provide the plans and other documents which are required, to the LC.   In view of the above, the authority observes that he Local Commission shall  again visit the site  and check the availability of plots in view of the detailed documents alongwith photographs supplied by the counsel for the complainant who is very categorical that the unit is available at site and is also available for sale at a higher price through the broker and the rightful claim of the allottee are being denied and further requests to impose heavy cost on the respondent for not supplying the relevant maps/plans despite directions of the authority The counsel of the respondent assures that if any plan or documents is required, the same shall be supplied to the LC within one week alongwith the reply submissions made by the counsel for the complainant failing which the respondent shall be liable for penal proceedings.  The documents mentioned at serial No. 2 to 6 above shall be submitted alongwith the reply. The LC is directed to e-visit the site and submit his report within a period of one month.   Matter to come up on 29.10.2024 for further proceedings.

Due to administrative exigency,  the matter is adjourned to 06.08.2024 for the purpose as already fixed.

Due to administrative  reasons, the case is adjourned to 07.05.2024  for the purpose already fixed.

The present complaint has been received on 06.07.2022 and the reply was received on 17.10.2022.  Vide order dated 20.07.2023, the authority appointed Local commission to visit the site to ascertain the availability of plots and submit report within a period of 15 days. The requite report was submitted by the local commission on 25.10.2023.  Both the counsels request for a copy of report submitted by local commission appointed by the authority vide proceedings dated 20.07.2023.  The registry is directed to supply a copy of LC report to the counsels for both the parties.  Both the counsels for the parties are directed to file objections, if any, within a period of 2 weeks. The counsel for the complainant requests for issuance of directions that no third party rights in respect of the plot shall be created. However, the AR  of the respondent states  that the plot is not in existence and hence there is no question of creating third party rights in respect of the above plot.  Since the LC report is not supplied to both the parties to ascertain the availability/non availability of the said plot and till next date of hearing, no third party rights w.r.t to the same shall be created. Matter to come up on 27.02.2024  for further proceedings.

The present complaint has been received on 06.07.2022 and the reply was received on 17.10.2022.  The LC has submitted the report dated 25.10.2023. Both the parties may obtain the copy of report of LC from the registry. Matter to come up  on 12.12.2023 for further proceedings.

Matter is adjourned to 31.10.2023.

The present complaint has been received on 06.07.2022 and the reply was received on 17.10.2022.         Succinct facts of the case are as under: S.N. Particulars Details 1. Name of the project “Signature Plus”, Sector 82, Gurugram. 2. Allotment letter 07.06.2008 3. Plot no. 68/240/Simplex/BR admeasuring 1527 sq.ft. (Page 88 of complaint) Changed unit vide addendum dated 26.03.2012 18/240/Simplex/ST. 82 D1-4 admeasuring 1527 sq.ft. (page 130 of complaint) 4. Date of execution of plot buyer’s agreement 27.11.2009 [Page 85 of complaint] 5. Possession clause 11.1 Schedule for possession of the said unit The Company based on its present plans and estimates and subject to all just exceptions, contemplates to complete the development of the said township or the sector/part thereof where the said plot is proposed to be located, within a period of three years from the date of execution of this agreement. However, in case the Company is not able to adhere to the said time frame, it shall be entitled to reasonable extension of time for completing the construction, unless there shall be delay or there shall be failure due to reasons mentioned in clauses (12.1),(12.2),(12.3) and clause (38) or due to failure of applicant(s) to pay in time the price of the said Unit along with all other charges and dues in accordance with the schedule of payments given herein in Annexure III or as per the demands raised by the Company from time to time or any failure on the part of the applicant(s) to abide by any of the terms or conditions of this Agreement .  (Emphasis supplied) 6. Subsequent allottee 05.09.2011 (page 128 of complaint) 7. Due date of possession 27.11.2012 8. Total sale consideration Rs. 88,46,000/- as per statement of account dated 15.07.2022 (Page 25 annexure R-2 of reply) 9. Paid up amount Rs. 26,65,355/- as per statement of account dated 15.07.2022 (Page 25 annexure R-2 of reply) 10. Occupation certificate  Not obtained 11. Offer of possession Not offered                  The counsel for the complainant states that the due date of offer of possession of the unit allotted to the complainant was 27.11.2012 and the OC for the project has not been received till date.  Therefore,  the complainant is seeking delayed possession charges.                  The counsel for the respondent states that the unit allotted to the complainant is not available any more due to change under layout plan on account of public utilities and other reasons. Therefore,  the complainant may choose to visit the site and contact Shri Naveen AR  and Uma Shanker  - full time consultant of the respondent company and settle for an alternate unit which is similarly situated.                The counsel for the complainant insists that the land on which the original unit re-allotted  to the complainant on 26.03.2012 vide No.18/240/Simplex/ST/82 D1-4 of area comprising 1527 sq. feet is very much available and the respondent may be restrained from creating third party rights on the same.               The counsel for the respondent reiterates that the unit is not available.               Matter to come up on 20.07.2023 for further proceedings.

The present complaint was filed on 06.07.2022 and registered as complaint no. 4747 of 2022. As per the records available, complainant has sent a copy of complaint through speed post as well as through email and proof regarding having the delivery of the complaint made to the respondent was submitted by the complainant as available in the file. The registry of the authority sent a notice along with a copy of the complaint to the respondent through speed post of which delivery confirmed on 11.07.2022 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 at the following email addresses [email protected], and [email protected]. The same are shown to have been delivered on the above email addresses as per the report available in the file. It is proper service of the notice. Written reply not filed by the respondent till date.  The counsel for the respondent  has supplied a copy of reply to the counsel of complainant during the proceedings and seeks a short adjournment for filing of reply in the registry of the authority.  Respondent is directed to file reply within two weeks i.e., by 25.10.2022. 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 07.02.2023  for further proceedings.