MR JATIN MEHTA vs MS PAREENA INFRASTRUCTURE PVT LTD

The present complaint was received on 02.02.2024 and registered as complaint no. 430 of 2024 and reply was received on 07.05.2024. On 15.02.2024, the Authority has directed the repsondent not to create third party rights till  next date of hearing i.e. 28.03.2024. Further on 28.03.2024, the stay was extended. The counsel for the respondnet states that the Occupation certificate w.r.t. the the tower in which the subject unit of the complainant is situated was granted by the competent authority on 03.06.2024 and submitted a copy of OC. The complainant is seeking delayed possession charges and physical possession after setting aside the cancellation letter dated 10.01.2024.  Both the counsels of the parties’ states that there is possibility of settlement of the case between the parties and seeks adjournment. Matter to come up on 14.11.2024 for further proceedings.

Reply filed by the respondent in the registry on 07.05.2024 taken on record. As pleadings are complete so now matter is listed before the Authority on 08.08.2024 for final arguments.

Memorandum of appearance filed on behalf of the respondent. Reply not filed. Adjournment requested. Now the case is adjourned for 16.05.2024. Respondent is directed to file reply within three weeks of this order in the registry with advance copy to the complainant subject to last opportunity failing which defence of respondent may be struck off. Stay order dated 04.01.2024 extended.

The present complaint was received on 02.02.2024 and registered as complaint no. 430 of 2024. The counsel for the complainant has moved an applicatin under section 36 of the Act to issue directions to the respondent not to create third party rights till final decision of the matter and to hand over the physical possssion of the unit. The counsel for the complainant states that despite having paid Rs.58,22,622/- out of a basic sale price of only Rs.79,30,342/- , the unit has been unilatterly cancelled on 10.01.2024 without issuance of reminders or pre-cancellation.  Further, in the alleged cancellation letter, the respondent has mentioned issuance of demand notice on 02.06.2017, 07.10.2017, 06.09.2018, 09.01.2019, 18.07.2019 and 12.08.2019 but  the last payment made was on 15.07.2019 and no demand thereafter was received except one demand notice dated 12.08.2019.  The complainant is willing to pay the aforesaid amount  the respondent, if the delay in offering the possession is adjusted in the demand notice. In view of the above, the authority under section 36 of the Act, 2016 directs the respondent not to create third party rights till next date of hearing i.e.  28.03.2024. In the meanwhile the counsel for the respondent to look into the grievance of the complainant allottee. Matter to come up on 28.03.2024 the date already fixed in this case for further proceedings.