DS AHLAWAT AND SONS HUF vs SPLENDOR BUILDWELL PVT. LTD

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

The present complaint was filed on 20.04.2022 and the reply on behalf of respondent was received on 03.10.2022. The proxy counsel states that the main arguing counsel is busy in another court and requests for  a short adjournment. Matter to come up o n 05.11.2024 for further proceedings.

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 20.08.2024 for the purpose already fixed.

Due to administrative exigency,  the matter is adjourned to 16.07.2024 for the purpose as already fixed.

The present complaint was filed on 20.04.2022 and the reply on behalf of respondent was received on 03.10.2022. The complainant  is seeking physical possession of the unit, release the arrears of the assured returns of Rs.60/-per sq.ft on 500 sq.ft 52 months amounting to Rs.15,600/- and direct the respondent to make further payments of the monthly assured return accruing after April,2022. Matter to come up on 7.5.2024 for arguments.

The present complaint was filed on 20.04.2022 and the reply on behalf of respondent was received on 03.10.2022. Matter to come up  on 13.02.2024 for further proceedings.

The present complaint was filed on 20.04.2022 and the reply on behalf of respondent was received on 03.10.2022. Succinct facts of the case as per complaint and annexures are as under: S. N. Particulars Details 1. Name of the project “Spectrum One”, Sector 58, Gurugram, Haryana 2. Project area 6.775 acres 3. Nature of the project IT/Cyber Park 4. DTCP license no. and validity status 82 of 2010 dated 12.10.2010 valid up to 29.05.2020 5. Name of licensee Ishoyu Builders and   Developers Pvt Ltd 6. RERA Registered/ not registered Registered vide no. 376 of 2017 dated 07.12.2017 valid upto 7. Unit no. 520, Tower-D (27 of complaint) 8. Unit area admeasuring 1000 sq. ft. (Page no. 27 of complaint) 9. Date of execution buyers’ agreement Not executed 10. Possession clause NA   11. MoU 08.07.2013 (Page no. 16 of complaint) 12. Assured return as pe MoU The developer will pay Rs.  60/- per sq. ft.  per month on 500 sq.ft. as an assured return to the intending allottee from 08.07.2013till completion of the project . Thereafter the developer shall pay Rs. 50/- per sq. ft. per month on 500 sq.ft. as assured return till the said unit is leased out to the perspective lessee. 13. Due date of possession NA 14. Total basic sale consideration Rs.17,50,000/- (As on page 18 of complaint) 15. Amount paid by the complainant Rs.18,14,890/- (As alleged by the complainant on page 18 of complaint) 16. Amount due Rs.15,86,899/- (As on page 170 of complaint) (As on page 174 of complaint)  (As on page 177 of complaint) 17. Amount received on account of monthly rental return Rs.15,59,903/- [alleged by respondent] {Note: respondent to be asked} 18. Occupation certificate /Completion certificate 06.09.2019 (As per on page 154 of complaint)) 19. Offer of possession 10.11.2020 (As on page 170 of complaint)   The complainant has sought following relief(s):   1.     Direct the respondent to pay assured return at the rate of Rs. 60 per sq.ft. per month on 500 sq.ft. for the defaulted 52 months, amounting to Rs. 15,60,000/- 2.     Direct the respondent to make further payments of the monthly assured returns accruing after April 2022. 3.     Direct the respondent to endorse the transfer of the unit from the complainant to Chetna Ahlawat (wife of complainant).         The counsel for the complainant states that  respondent had to pay an assured return as per clause 5 of the  MoU  dated 8.7.2013 w.e.f.  8.7.2013  till the unit is leased out and that assured return was agreed @ Rs.60/- per sq. ft per month till construction of the unit and further @ Rs. 50/- per sq.feet till lease out of the unit but the assured return amount of Rs.15,60,000/- for 52 months is still payable by the respondent. The counsel for the respondent states that  as regards assured return, the matter is pending before Punjab and Haryana High Court vide CWP No.20474 of 2023  which is further listed for 22.11.2023 and further request that since the matter is pending before the Hon’ble High Court of Punjab and Haryana, this matter should also be adjourned to post that.   Part arguments heard. Matter to come up on 19.12.2023  for further arguments.

The present complaint was filed on 20.04.2022 and the reply on behalf of respondent was received on 03.10.2022. The counsel for the respondent  requests for a short adjournment as the main arguing counsel is suffering from eye flue and is not available today.  Request is allowed. Matter to come up on 26.09.2023 for further proceedings.

The present complaint was filed on 20.04.2022 and the reply on behalf of respondent was received on 03.10.2022. During the proceedings on 08.02.2023, the case was fixed for 01.08.2023 for arguments if the matter is not amicably settled. However on request of the complainant, the case was preponed and fixed for 11.05.2023  but the counsel for the respondent states that copy of notice preponing the case has not been received by the respondent and it is noticed that the copy of mail has not been sent to the respondent. Matter to come up on 01.08.2023 the date already fixed in this case for further proceedings.

Shri Manish Parkash -AR of the respondent states that the respondent is willing to settle the matter  and the complainant may come forward  for settlement  within 3 days. The complainant  is willing to approach the respondent accordingly.                Matter to come up on 01.08.2023  for filing settlement deed failing which arguments shall be heard on merits.

In order to clear pendency of proceedings of the day and orders,  the matter is adjourned to 08.02.2023   for the purpose as already fixed.

The present complaint was filed on 20.04.2022 and registered as complaint no. 1307 of 2022. As per the registry, complainant has 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 was submitted by the complainant as available in the file. The registry of the authority also sent a notice along with a copy of the complaint through speed post of which delivery confirmed on 04.05.2022 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 at the following email addresses [email protected]  [email protected] [email protected] The same is shown to have been delivered on the above email address as per the report available in the file. It is proper service of the notice. However, no reply has been received on behalf of the respondent till date. The counsel for the respondent requests for a short adjournment for filing of the reply. The respondent is directed to file reply within two weeks i.e., by 21.07.2022 in the registry with a copy to the complainant. Last opportunity is being granted. In case reply is not filed within the time allowed, the defense of the respondent may be struck off.                  The Matter to come up on 13.10.2022  for further proceedings.