AJAY KUMAR vs ALM INFOTECH CITY PVT.LTD.

Hearing History (11)

• 1APR 2025
  Hearing

  Judge: ARUN KUMAR VIJAY KUMAR GOYAL ASHOK SANGWAN

  Matter is disposed off.

  Stage: DISPOSED

• 4FEB 2025
  Hearing

  Judge: ARUN KUMAR VIJAY KUMAR GOYAL ASHOK SANGWAN

  Due to lack of quorum,  the matter is adjourned to 01.04.2025 for the purpose as already fixed.

  Stage: PENDING

• 5NOV 2024
  Hearing

  Judge: ARUN KUMAR VIJAY KUMAR GOYAL ASHOK SANGWAN

  Due to lack of coram,  the  matter is adjourned to 04.02.2025 for the purpose as already fixed.

  Stage: PENDING

• 13AUG 2024
  Hearing

  Judge: ARUN KUMAR VIJAY KUMAR GOYAL ASHOK SANGWAN

  The present complaint has been received on 09.05.2022 and the respondent filed the reply on 14.03.2023. On previous date of hearing, the counsel for the complainant stated that the respondent is not adhering to the resolution plan and no progress of work at site and project is not likely to be completed as per resolution plan and hence requests for initiating   proceedings under section 7 and 8 of the Act, 2016 against the respondent for withdrawal of the registration. The respondent was directed to file the status of construction as well as applying/obtaining of Fire NOC and occupation certificate made to the competent authority. The counsel for the respondent had stated that the building has been completed and the application for grant of occupation certificate has been made to the DTCP on 05.09.2023. The counsel for the complainant states that the OC of the project is not yet received and as per agreed payment plan the outstanding amount can be demanded only on offer of possession after obtaining OC and hence till valid offer of possession, no cancellation be made. During proceedings, the  counsel for the respondent assures that no unit shall be cancelled till a valid offer of possession is made after obtaining of OC and the respondent to also file the status of OC and completion of remaining services.   The respondent is directed to obtain the occupation certificate from the competent authority and offer the possession of the unit to the complainant within 6 weeks.  No demand shall be raised from the complainant till obtaining of OC and not to cancel the unit of the complainant till the final decision. The respondent to file the details status report of the works executed after in principle approval of the resolution plan and  the time line for obtaining OC from the competent authority. Matter to come up on 05.11.2024  for further proceedings.

  Stage: PENDING

• 16MAY 2024
  Hearing

  Judge: VIJAY KUMAR GOYAL

  The  present complaint has been received on 09.05.2022 and the respondent filed the reply on 14.03.2023. On last date of hearing, the  respondent was directed to file the status of construction as well as applying/obtaining of Fire NOC and occupation certificate made to the competent authority. The counsel for the respondent states  that building has been completed and  OC has already been applied on 14.09.2023 and approval of the competent authority granting is yet to be received. The counsel for the complainant states that the OC of the project is not yet received and as per agreed payment plan the outstanding amount can be demanded only on offer of possession after obtaining OC and hence till valid offer of possession, no cancellation be made. The counsel for the respondent assures that no unit shall be cancelled till a valid offer of possession is made after obtaining of OC and the respondent to also file the status of OC and completion of remaining services.     Matter to come up before full bench on 13.8.2024 for final arguments and orders and no further adjournment shall be allowed.

  Stage: PENDING

• 22FEB 2024
  Hearing

  Judge: VIJAY KUMAR GOYAL

  The present complaint has been received on 09.05.2022 and the respondent filed the reply on 14.03.2023. The counsel for the respondent states that OC has already been applied on 14.9.2023 and approval of the competent authority granting OC is expected by second week of March, 2024 and immediately   thereafter, the possession of the unit will be handed over. Matter to come up on 16.5.2024 for further proceedings.

  Stage: PENDING

• 23NOV 2023
  Hearing

  Judge: VIJAY KUMAR GOYAL

  The present complaint has been received on 09.05.2022 and the respondent filed the reply on 14.03.2023. On the last date of hearing i.e., 24.08.2023, the counsel for the complainant raised an objection that despite lapse of more than 6 months, the respondent is not adhering to the resolution plan and no progress of work at site and project is not likely to be completed as per resolution plan and hence requests for initiating   proceedings under section 7 and 8 of the Act, 2016 against the respondent for withdrawal of the registration. The respondent was directed to file the status of construction as well as applying/obtaining of Fire NOC and occupation certificate made to the competent authority. The counsel for the respondent is filing the status  of the construction of the project during proceedings intimating that the building has been completed and that application for grant of occupation certificate  has been made to the DTCP on 5.9.2023 and a meeting with allottees is scheduled at site to update status of the project.  In view of the above, matter to come up on 22.2.2024. The promoter is advised to keep update the allottees and signatory of the above resolution plan regarding status of the construction/completion of the project  and grant of the occupation certificate  obtained by the competent authority. Matter to come up on 22.2.2024 for further proceedings.

  Stage: PENDING

• 24AUG 2023
  Hearing

  Judge: VIJAY KUMAR GOYAL

  The present complaint has been received on 09.05.2022 and the respondent filed the reply on 14.03.2023. The complainant also filed rejoinder dated 24.02.2023. Despite given multiple opportunities for filing reply and written submission in the registry of the authority the respondent  failed to comply with the orders of the authority. On the last date of hearing i.e., 02.03.2023, the Director present on behalf of the respondent states that the complainant allottees have signed a resolution plan through its RWA and in pursuance of the same, the work has been commenced at site and is hope full of its completion in all respect by 31.12.2023. Further, a copy of the said resolution plan was also filed before the authority wherein ALM company, IFL Home Finance and another company for PMC has also been engaged along with RWA. However, the counsel for the complainant alleges that  despite lapse of more than 6 months, the respondent is not adhering to the resolution plan and no progress of work at site and project is not likely to be completed as per resolution plan and hence requests for  initiating   proceedings under section 7 and 8 of the Act , 2016 against the respondent   for withdrawal of the registration. The registration branch is directed to put up the matter on file for initiating further necessary action in terms of the above sections of the Act. The counsel for the respondent states that the construction work is in progress and application for grant of Fire NOC as well as occupation certificate has been made to the concerned authority and shall be filing the details and status in the registry as well to the counsel for the complainant. He further states that as per clause 4 of the resolution plan, all the cases with RERA shall be on stay till the time OC is obtained by the developer or before 31.12.2023 which ever is earlier and further as per clause 6 of the Resolution plan the complainant allottee has already waived off the delayed possession charges till 31.12.2023.  The respondent is directed to file the status of construction as well as applying/obtaining of  Fire NOC and occupation certificate made to the competent authority. Matter to come up on 23.11.2023 for further proceedings.

  Stage: PENDING

• 2MAR 2023
  Hearing

  Judge: VIJAY KUMAR GOYAL

  The present complaint was filed on 09.05.2022. The complainant also filed rejoinder dated 24.02.2023. On 02.08.2022, the respondent put in appearance through its counsel and sought short adjournment for filing of reply in the registry. The said request of the respondent was allowed with specific direction to file the reply along with status of construction work, schedule of completion, date of applying OC and photographs on the site, within two weeks i.e. by 16.08.2022. However, no reply has been filed till date. The director present on behalf of the respondent states that the complainant allottees have  signed a resolution plan through its RWA and in pursuance of the same, the work has been commenced at site and is hope full of its completion in all respect by 31.12.2023. Further,  a copy of the said resolution plan  is also filed before the authority wherein ALM company, IFL Home Finance and another company for PMC has also been engaged alongwith RWA.  The reply shall be filed  in the registry today. Further the counsel for the complainant is filing rejoinder a copy of which has been supplied during the proceedings and will instructions from the complainant allottee pertaining to the above resolution plan.   Matter to come up on 24.08.2023 for further proceedings.

  Stage: PENDING

• 3NOV 2022
  Hearing

  Judge: K K KHANDELWAL VIJAY KUMAR GOYAL ASHOK SANGWAN SANJEEV KUMAR ARORA

  Coram is not complete, so the matter is adjourned to 02.03.2023 for the purpose as already fixed.

  Stage: PENDING

• 2AUG 2022
  Hearing

  Judge: K K KHANDELWAL VIJAY KUMAR GOYAL

  The present complaint was filed on 09.05.2022 and registered as complaint no. 1711 of 2022. As per the registry, complainant has sent copy of complaint along with annexures through speed post along with email. The same are shown as “Delivered” on 29.04.2022 & 01.05.2022 respectively. The tracking reports of the postal authorities and email has been submitted by the complainant on the page  No. 65-67 of the complaint. The registry of the authority sent a notice with a copy of the complaint along with annexures through speed post and the same is delivered on 25.05.2022. Registry has also sent the notice along with a copy of the complaint through email at following email addresses: [email protected], [email protected] & [email protected] The same is shown to have been delivered on 29.05.2022, on the above email addresses as per the report available in the file. Written reply has not been filed by the respondent. The counsel for the respondent put in appearance and request adjournment for filing of reply. The respondent is directed to file reply within two weeks i.e. by 16.08.2022 in the registry with a copy to the complainant. In case reply is not filed within the time allowed, the defence of the respondent may struck off. The respondent is also directed to file detail status of the construction work being undertaken and the schedule date/completion as well as date for applying OC alongwith site photographs duly signed by the respondent.              Matter to come up on 03.11.2022  for further proceedings.

  Stage: FIRST HEARING

Orders (12)

• 1APR 2025
  order

  Order No: N/A

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• 1APR 2025
  judgement

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• 4FEB 2025
  order

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• 5NOV 2024
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• 13AUG 2024
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• 16MAY 2024
  order

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• 22FEB 2024
  order

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• 23NOV 2023
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• 24AUG 2023
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• 2MAR 2023
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• 3NOV 2022
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• 2AUG 2022
  order

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Judgement DetailsView full order PDF ↗