JAYANT JOHRI AND KANIKA JOHRI vs KNS INFRACON PVT.LTD

Due to lack of quorum, the matter is adjourned to 11.03.2025 for the purpose as already fixed.

The present complaint has been filed on 19.07.2021 and the reply has been filed on 18.10.2021. None is present  on behalf of the complainant today. The AR of the respondent assures to file the requisite clarification within one week after supplying a copy to the complainant. Matter to come up on 25.02.2025 for further proceedings.

Due to administrative reason,  the matter is adjourned to 14.01.2025 for the purpose as already fixed.

Due to lack of coram,  the  matter is adjourned to 26.11.2024 for the purpose as already fixed.

RE-OPENED

Since the Hon’ble Chairman/Members of the Authority are busy to attend the 2nd Annual Conference AIFORERA to be held from 16.07.2024 to 19.07.2024 at Kodaikanal (Tamil Nadu) hence, the matter is adjourned to 13.08.2024 for the purpose already fixed.

The present complaint has been filed on 19.07.2021 and the reply has been filed on 18.10.2021. The succinct facts of the compliant are as under: - S. No. Heads Information 1.                      Project name and location ‘Capital Gateway, Sector-111, Gurugram 2.        Project area 10.462 acres 3.        Nature of the project Residential 4.        DTCP license no. and validity status 34 of 2011 dated 16.04.2011 valid upto 15.04.2024 5.        Name of licensee KNS Infracon Pvt. Ltd. and others 6.        RERA registered/ not registered Registered vide regd. No. 12 of 2018 dated 10.01.2018  7.        Unit no. 1204, 12th floor, tower D (pg. 85 of complaint) 8.        Date of execution of buyers’ agreement 11.12.2015 (pg. 81 of complaint) 9.        Payment plan Construction linked payment plan   10.   Total sale consideration Rs. 1,14,086,980/- (pg. 85 of complaint) 11.   Total amount paid by the                         complainant Rs. 1,66,11,610/- (CRA) 12.   Due date of delivery of possession (within 54 months from the date of sanction of building plan which is 07.06.2012) 07.12.2016   13.   Offer of possession Not offered 14.   Occupation certificate Not obtained   The counsel for the complainant has filed an application for amendment of the relief from refund to DPC  and has been allowed during the last proceedings. The  counsel for the respondent may file written submissions within 3 weeks after supplying a copy to the counsel of the complainants. The proxy counsel further states that the unit was under a financial arrangement with  ICICI and PNB  and payment towards loan  /interest have been made by the respondent and the details will be filed with the written submissions. Matter to come up  on 16.07.2024 for final arguments.

The present complaint has been filed on 19.07.2021 and the reply has been filed on 18.10.2021. None present on behalf of the complainant. The proxy counsel for the respondent seeks short adjournment on the ground that the main arguing counsel is not available today.  On the last date of hearing it was noted that the matter is pending since the year 2021 and the respondent had requested to file a detailed reply in two weeks. It is noted that the reply in the matter had initially been filed on 8.10.2021 and the new counsel had sought time to file updated reply. However, no such reply has been filed by the respondent till date and nor has the counsel appeared. The conduct of the respondent shows that the respondent is avoiding resolution of the matter. A final opportunity is granted to the parties to file written submissions, if any, within a period of two weeks failing which the case shall be decided on the basis of pleadings on record. A final opportunity is granted to the parties to argue the matter on 9.4.2024 before the full bench.

On the last date of hearing, the counsel for the respondent was directed to file a detailed reply of the present complaint with an advance copy to the counsel for complainant. However, no reply has been filed till date. The present complaint has been filed on 19.07.2021.  Initially the matter was challenged on the issue of maintainability and on 27.09.2023,  the order on maintainability was passed. The counsel for the respondent had requested to file a detailed reply within 2 weeks.  However,  no such reply has been filed.  It is seen from the case file that reply in the matter has already been received from the respondent on 08.10.2021.  This authority does not deem it necessary to adjourn the matter any further for the new counsel to file another detailed reply. However,  the parties may file brief written submissions  within a period of 2 weeks with an advance copy to each other.                  Matter to come up  on 28.02.2024  for final arguments.

Arguments on maintainability heard.  The complaint is held to be prima facie maintainable. Counsel for the respondent wishes to file a detailed reply in addition to the response already on record. The reply may be filed within a period of 2 weeks with an advance copy to the counsel for the complainant. Matter to come up  on 13.12.2023  for further proceedings.

Shri Rishabh Jain Advocate has appeared on behalf of the respondent and filed power of attorney alongwith certified copy of resolution passed by the board of director. The counsel for the respondent has filed an application for dismissal of the complaint on the ground of maintainability, a copy of which has been handed over to the counsel for the complainant during the course of hearing. Matter to come up  on 27.09.2023 for arguments and orders on maintainability.

The counsel for the complainant seeks an adjournment as the main counsel is unable to attend the proceedings. Matter to come up on 24.5.2023 for further proceedings.

In order to constitute new Bench and to revise roaster of cases, the matter is adjourned to 04.01.2023 for further proceedings.

The District Bar Association Gurugram vide resolution No.323 dated 27.05.2022 has informed that Punjab & Haryana High Court, Chandigarh vide Notification No.117 dated 09.05.2022 declared that summer vacation will be observed from 01.06.2022 to 30.6.2022 and requested not to list the cases between 01.06.2022 to 30.06.2022. In view of the above, the case is adjourned to 20.09.2022 for the purpose as already fixed.

In view  of judgment dated 11.11.2021 in title- M/s Newtech Promoters and Developers Pvt Ltd. Vs State of UP & Ors. Etc. passed by the  Apex Court, this forum has no jurisdiction to adjudicate the complaint in hands.                              File be transferred to the Authority. Next date will be notified later on by the Authority. Reader is directed to send the file immediately.

It is pointed out that the Apex Court while deciding Civil Appeal No(s) 6745-6749 of 2021 dated  11.11.2021  in case titled M/s Newtech Promoters and Developers Pvt Ltd. Vs State of UP & Ors Etc.   has given some directions about jurisdiction between the Authority and the Adjudicating Officer inter se, regarding jurisdiction  of cases relating to refund and  compensation.                          Be put up for further proceedings on 10.02.2022.

Vakalatnama filed on behalf of respondent.  Counsel for respondent seeks time to file written reply stating that notice of complaint was served upon his client on 28.07.2021. Let the same be filed  within two weeks with an advance copy to the complainant. 2.                    To come on 17.11.2021 for arguments.