AKANKSHA SARASWAT vs MANGLAM MULTIPLEX PRIVATE LIMITED

The present complaint has been received on 01.04.2024 and registered as complaint no. 1185 of 2024 and reply on behalf of respondent was received on 15.07.2024. The counsel for the complainant requests for a short adjournment to argue the matter. The counsel for the respondent has no objection to the request of adjournment. Request is allowed. Matter to come up on 02.01.2025 for further proceedings.

The present complaint has been received on 01.04.2024 and reply on behalf of respondent was not received till date. The counsel for the complainant has moved an application 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 possession of the unit. On 11.07.2024, the counsel for the respondent has moved an application requesting the deletion of names of respondent no. 2 to 5 from the array of respondent being neither a proper nor a necessary parties for the purpose of the present complaint. On last date of hearing, the counsel for the complainants submitted that they have paid an amount of Rs.94,51,274/- against total sale consideration of Rs.1,70,02,500/-. The counsel for the respondent stated that the unit has already been sold to third party after cancellation of the unit on 01.08.2023 and the conveyance deed in the favour of third party has also been executed and further stated that the amount paid by the complainant has also been refunded on 21.03.2024 after deduction permissible as per RERA norms which the complainant got en-cashed on date of filing of complaint i.e., 01.04.2024. The counsel for the respondent has placed on record a copy of conveyance deed on 01.08.2024 in compliance of the order of the Authority dated 12.07.2024. The counsel for the complainant further stated that the complainant wishes to implead third-party in whose favour third party rights have been created. But till date no application for impleadment has been placed on record. The counsel for the complainant wishes to file an application for amendment of the relief in view of the cancellation of the unit and creation of third party rights on the unit . A copy of the application is supplied to the counsel for the respondent during proceedings and shall be filing the same in the registry of the authority within one week. The counsel for the respondent wants to file reply to the aforesaid application which may be filed within next three weeks. The counsel for the complainant shall also file an affidavit of the complainant allottee for the amended relief being sought in the application. Matter to come up on 07.11.2024 for further proceedings.

The present complaint has been received on 01.04.2024 and reply on behalf of respondent was not received till date. The counsel for the complainant has moved an application 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 possession of the unit. The counsel for the complainant states that they have booked a unit in the captioned project allotment of which was done on 20.9.2021 and they have already paid a some of Rs. 94,51,274/-  lakh against total consideration of Rs. 1,70,02,500/- The counsel for the respondent states that the unit has already been cancelled on 1.8.2023 and has already been sold to third party and CD has also been executed  and she shall be filing the copy of the CD /allotment proof in favour of third party within two weeks in the registry of the authority and further stated that they the amount paid by the complainant has also been refunded after  deduction permissible as per RERA norms vide DD N.512613 and 512614 dated 21.3.2024  which complainant got en-cashed on date of filing complaint in RERA on 1.4.2024. Counsel for the complainant wishes to implead the third party in whose favour the third party rights have been created and since the matter has been listed for interim relief only, today, no direction to that effect can be passed and mater be heard alongwith the main complaint. Matter  to come up on 8.8.2024 for further proceedings.

Matter is adjourned to 12.07.2024.

Memorandum of appearance filed on behalf of the respondents. Reply not filed. Adjournment requested which is opposed. At this stage learned counsel for complainant submitted that along with complaint application under Section 36 of the Act for restraining the respondents from creating third party interest in the unit of the complainant, was also filed so same may be decided. Now the matter is listed before the Authority on 11.07.2024 for consideration of application under Section 36 of the Act and further proceedings.