NIKHIL GUPTA vs DIVERSE DEVELOPERS LLP

Vakalatnama on behalf of the respondent filed. Reply not filed. Adjournment requested. At this stage learned counsel for the respondent requested for supply of copy of application under Section 36 of the Act. Now the case is adjourned for 12.09.2024. Complainant is directed to supply copy of application under Section 36 of the Act to the learned counsel for the respondent within seven days of this order. Respondent is directed to file reply of the complaint within three weeks of this order, in the registry with advance copy to the complainant, and in case reply not filed within three weeks of this order then reply be filed with cost of Rs. 5,000/- to be paid to the complaint.

The present complaint was filed on 01.05.2024 and the reply on behalf of respondent is not filed till date. However, an application u/s 36 of RERA Act on behalf of complainant has been filed on 02.05.2024, for restraining the respondent from cancellation of the unit and creating any third-party rights. The complainant verified from the real estate agents surrounded the said project wherein they informed that respondents are in process to transfer the unit to any third party. None is present on behalf of the respondent today.  One more opportunity is being given to the respondent to file reply to the application u/s 36 of the Act within 2 weeks after supplying a copy to the counsel for the complainant and also clarify the status of completion of project and obtaining of OC, if any. Since as per the payment plan, the allottee has already paid 50% of the consideration money and remaining 50% amount is to be paid on offer of possession after obtaining of OC and hence there is no occasion to issue cancellation notice prior to offer. Matter to come up on 08.08.2024, the date already fixed in this case for further proceedings.