ANJALI KAKAR vs BPTP LTD.

The present complaint has been received on 27.02.2024 and the reply on behalf of respondent was received on 05.04.2024. None is present on behalf of the complainant, in view of Resolution No.3577 dated 25.10.2024 received from District Bar Association Gurugram,  for suspension of the work and it has been requested not to pass an adverse order, the matter is adjourned to 28.02.2025 for further proceedings.

The present complaint has been received on 27.02.2024 and the reply on behalf of respondent was received on 05.04.2024. The complainant is seeking setting aside of termination of allotment  dated 7.10.2023 and  delayed possession charges alongwith handing over of possession. The counsel for the respondent states that the unit was rightly cancelled in terms of the BBA dated 29.7.2022 wherein the complainant was required to pay 50% of the amount on application for Occupation certificate or within four months from date of booking whichever is later and balance payment was to be made on receipt of OC and offer of possession. The demand was made to the complainant on 16.5.2023 in terms of the BBA and on failure of the complainant to pay the instalment, the unit was cancelled after giving due reminders and pre-cancellation. It is noted that as per the provisional OC dated 21.9.2023, the respondent has been directed to seek objections from each of the allottee w.r.t. changes in the site plans/building plans and final OC is stated to have been issued on 4.01.2024.   The Planning branch is directed to look into the issue of violation of section 14(2)(ii) of the Act, 2016. Matter to come up  on  25.10.2024   for further proceedings.

The complainant present  in person states that her unit has been cancelled unilaterally and has prayed for setting aside the cancellation. The counsel for the respondent states that it was a time linked plan and the respondent sent 3 reminders one on 05.06.2023, 05.07.2023 and 04.08.2023 and cancelled the unit  on 07.10.2023 after giving her last and final opportunity on 06.09.2023.  Part arguments heard. Both the counsels for the parties are directed to file brief written submissions within 3 weeks with an advance copy to each other. Matter to come up on 20.09.2024 for further proceedings.

Matter to come up on 16.08.2024 for the purpose already fixed.

Reply filed by the respondent in the registry today taken on the record. Copy of reply also supplied to the complainant. As pleadings are complete so matter is listed before the authority on 05.07.2024 for final arguments.