SAURABH PRAKASH AND OM PRAKASH GUPTA vs MS VATIKA LIMITED THROUGH ITS MANAGING DIRECTOR AND OTHER DIRECTORS

The present complaint was filed on 02.09.2022 and reply on behalf of the respondent was received on 06.06.2023. The counsel for the complainant has handed over a copy of the application for amendment of relief to the counsel for the respondent during the course of hearing. Counsel for the respondent wishes to file the reply to the application within a period of two weeks. The respondent is directed to file reply of the application within a period of one week in the authority after supplying a copy to the counsel for the complainant.  Matter to come up on 30.10.2024 for further proceedings.

Order not pronounced. Matter to come up  on 28.08.2024 for pronouncement of order.

The complainants filed the present complaint on 02.09.2022 and the reply was received on 06.06.2023.   Succinct facts of the case are as under:  S. N. Particulars Details 1.        Name and location of the project            “Vatika Trade centre, Gurugram 2.        Nature of the project Commercial 3.        Unit no. 1211, 12th floor (page 26 of complaint) 4.        Unit admeasuring 500 sq. ft. (page 26 of complaint) 5.        Date of buyer agreement 13.02.2010 (page 23 of complaint) 6.        Addendum to the agreement 13.02.2010 (page 41 of complaint) 7.        Total sale consideration Rs.17,50,000/- (as per BBA page 26 of complaint) 8.        Amount paid by the complainant Rs.17,50,000/- (as per BBA page 26 of complaint) 9.        Occupation certificate Not obtained 10.   Offer of possession Not offered 11.   Assured return clause This addendum forms an integral part of the builder buyer agreement dated 08.09.2010 a)  Till completion of the building Rs.78/- b) After completion of the building Rs.65/- per sq. ft. (page 41 of complaint) 12.   Assured return paid by the complainant Rs.32,63,000/- (as alleged by respondent page 03 of reply) To be ascertained by complainant 13.   Legal notice issued by complainant for payment of assured return 24.01.2022 (page 44 of complaint) Arguments heard. The complainants have paid the full amount towards the cost of the unit and admittedly,   the occupation certificate for the unit has not been received till date.  The assured return has been paid to the complainants in terms of the addendum to the BBA upto October, 2018.  The counsel for the complainants states at bar that complainants are seeking possession of the apartment. The counsel for the respondent states that the unit was meant for leasing out as per clause 32.1 of the BBA and not meant for physical hand over. Pleadings are on record. Order reserved. Matter to come up on 07.08.2024 for pronouncement of order.

The complainant filed the present complaint on 02.09.2022 and the reply was received on 06.06.2023. The proxy counsel for the complainant seeks short adjournment as the main arguing counsel is not available today to argue the matter.  Last opportunity is being granted. Matter to come up on 29.5.2024 for further proceedings.

The Learned Presiding Officer is on leave today. Matter to come up on 13.03.2024 for the purpose already fixed.

Due to paucity of time, matter could not be heard. Adjourned to 20.12.2023 for further proceedings.

The present complaint was filed on 02.09.2022 and registered as complaint No. 5923 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 08.09.2022 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 following email address: [email protected] & [email protected]  and the same is shown to has been delivered on the above email address as per the report available in the file.  It is proper service of the notice. The counsel respondent for the respondent has supplied a copy of reply to the counsel for the complainant during proceedings and seeks time to file reply in the registry of the authority. He is directed to file reply within two weeks i.e. by 16.05.2023 in the registry. Last opportunity is being granted. In case reply is not filed within the time allowed, the defence of the respondent may struck-off. The counsel for the complainant states that the complainant is willing to discuss an amicable settlement to the matter with the respondent. The counsel for the respondent states that all efforts shall be made to settle the matter with the complainant within 4 weeks. Matter to come up on 20.09.2023 for further proceedings.

The present complaint was filed on 02.09.2022 and registered as complaint No. 5923 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 08.09.2022  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 following email address: [email protected] & [email protected] and the same are 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 till date.  Shri Harshit Batra Advocate has appeared on behalf of the respondent and filed power of attorney and requests for a short adjournment for filing of reply.  Respondent is directed to file reply within two weeks i.e., by 16.12.2022, with 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 02.05.2023 for further proceedings.