SUBHASH GUPTA vs RAMPRASTHA DEVELOPERS PVT LTD

The present complaint was filed on 22.03.2022 and registered as complaint no. 1102 of 2022. On 13.07.2023 and 27.07.2023, counsel on behalf of the respondent appeared before the authority and requested for a sought short adjournment for filing of reply. The said request was allowed, and the respondent was directed to file the reply within two weeks i.e., by 27.07.2023 along with a cost of Rs.10,000/- in the registry of the authority. However, despite ample opportunities to the respondent, the respondent has failed to file the written reply. The complainant submits that vide receipt dated 31.07.2006, it has paid an amount of Rs.39,00,000/- to the respondent/promoter. The respondent confirmed the amount received and promised the allotment of a plot admeasuring 600 sq. yards. in future potential project located in Gurugram. Thereafter, till date, the respondent has miserably failed to specify the project as well as plot number where 600 sq. yards. has been allotted. The complainant tired of the neglectful behaviour of the respondent filed the present complaint pleading for possession of the plot along with delayed possession charges and execute the conveyance deed in favour of the complainant. The counsel for the respondent states that there is no BBA has been executed between the parties and there is no specified number and block & project has been specified and only a receipt has been issued by it. Hence, complainant is barred in RERA under the provisions of RERA Act as he is not a allottee. The complainant has made booking by paying Rs.39-00 lakh for a future project which is not in existence. However, the counsel for the respondent state that the receipt has been issued by respondent and specifically as area admeasuring 600 sq. yard has been mentioned. Matter to come up on 13.08.2024 for further proceedings.

The present complaint was filed on 22.03.2022 and registered as complaint no. 1102 of 2022. On 13.07.2023, 27.07.2023 and 7.11.2023 counsel on behalf of the respondent appeared before the authority and requested for a sought short adjournment for filing of reply. The said request was allowed and the respondent was directed to file the reply within two weeks i.e., by 21.11.2023 along with a cost of Rs.10,000/- in the registry of the authority. However, despite ample opportunities to the respondent, the respondent has failed to file the written reply.  The counsel for the respondent requests for a short adjournment for filing of reply. The counsel for the respondent is directed to file reply within 15 days with an advance copy to the complainant. It shall be the last opportunity. In case reply is not filed within the stipulated period, the defence of the respondent shall be struck off. Matter to come up on 30.04.2024 for further proceedings.

The present complaint was filed on 22.03.2022 and registered as complaint no. 1102 of 2022.   On 13.07.2023 and 27.07.2023, counsel on behalf of the respondent appeared before the authority and requested for a sought short adjournment for filing of reply. The said request was allowed, and the respondent was directed to file the reply within two weeks i.e., by 27.07.2023 along with a cost of Rs.10,000/- in the registry of the authority. However, despite ample opportunities to the respondent, the respondent has failed to file the written reply. The respondent is directed to file the reply within 2 weeks with an advance copy to the complainant.   Matter to come up on 23.01.2024 for further proceedings.

The  present complaint was filed on 22.03.2022 and registered as complaint no. 1102 of 2022. On the last date of hearing Ms. R Gayatri and Shri Navneet Kumar Advocates, appeared on behalf of the respondent and requests for a sought short adjournment for filing of reply. The said request was allowed, and the respondent was directed to file the reply within two weeks i.e., by 27.01.2023 in the registry of the authority. However, despite specific directions the respondent has failed to file the written reply. Last opportunity is being granted. The respondent is directed to file the reply within the registry of the authority within a period of two weeks i.e., 27.07.2023 along with a cost of Rs.10,000/- to be paid to the complainant. If the reply has not been filed within the time specified. The defence of the respondent be strike of and the matter shall be decided on basis of merits. The counsel for the  respondent states that they have not  received the complete copy of complaint. The counsel for the complainant is directed to supply the complete copy of complaint within 3 days. Matter to come up  on 07.11.2023 for further proceedings.

Shri Navneet Kumar Advocate has appeared on behalf of the respondent and states that the arguing counsel is stuck in very heavy traffic jam at Delhi /Noida and is unable to appear before the authority and requests for a short adjournment for  one  week. Keeping in view the circumstances explained above,  the matter is adjourned to 27.07.2023  for final arguments. It is made clear that no further adjournment shall be granted to the respondent. No reply has been filed till date. The respondent is directed to file the reply within the registry of the authority within a period of two weeks i.e., 27.07.2023 with an advance copy to the complainant. In case the reply is not filed within the time specified,  the defence of the respondent be struck off.

The present complaint was filed on 22.03.2022 and registered as complaint no. 1102 of 2022. As per the registry, complainants had sent copy of complaint through speed post as well as through email and proof regarding having the delivery of the complaint made to the respondent is submitted by the complainants as available in the file. The registry of the authority also sent a notice to the respondent along with a copy of the complaint through speed post of which delivery confirmed on 30.03.2022 as per the tracking report of the speed post available in the file. Registry has also sent the notice along with a copy of the complaint through email on the following email addresses i.e., [email protected], and the same is shown to have delivered on the above email addresses as per the report available in the file.           Written reply not filed by the respondent. Counsel for the respondent requests for a short adjournment for filing of reply. Respondent is directed to file reply within two weeks i.e., by 27.01.2023 in the registry of the authority. In case reply is not filed within the time allowed, the defence of the respondent may be struck off.  Matter to come up on 13.7.2023  for further proceedings

Vide resolution No. 704 dated 25.11.2022, it has been intimated by the District Bar Association that  the work shall remain suspended in District Court, Gurugram today i.e. 25.11.2022 due to untimely demise of Ms. Shivani, JMIC, Gurugram. In view of above, the matter is adjourned to 13.01.2023 for the purpose as already fixed.

File taken up today as 19.08.2022  has been declared a holiday on the occasion of Janmashtami and as such, the matter is adjourned to 25.11.2022 for the purpose as already fixed.

The Authority is pre-occupied in organizing Conclave of Resident Welfare Association, Gurugram to be held on 29.04.2022 and as such, in view of the same, the matter is adjourned.              Reply has not yet been filed till date. The respondent is directed to file the same within 15 days with an advance copy to the complainant.               Matter to come up on 19.08.2022 for further proceedings.