ANOOP KUMAR AND RAM PRAKASH vs ANSAL HOUSING & CONSTRUCTION LTD.

RE-OPENED

The present complaint was filed on 20.05.2024 and the reply on behalf of respondent no. 1 has been received on 09.01.2025 and respondent no. 2 has not filed the reply till date. Respondent no. 2 vide application dated 15.10.2024 filed for clarification from the complainant about the relief sought by them is against which respondent. The counsel for the complainant  seeks to file a reply to the clarificatory application filed by the respondent No.2.  Reply may be filed within a period of one week and a copy of the same is supplied to the counsel for the respondent during proceedings. Interim directions shall continue till then. Matter to come up on 06.05.2025 for further proceedings.

Due to Administrative exigency,  the matter is adjourned to 28.01.2025 for the purpose as already fixed.

The complainant earlier filed a complaint against respondent No.1 in HA-RERA, Gurugram bearing complaint no. 3490 of 2021 seeking delayed possession charges. Accordingly, vide order dated 06.07.2022 respondent no.1 was directed to pay DPC at prescribed rate of 9.5% per annum till actual handing over of possession. The present complaint has been  filed on 20.05.2024 seeking direction to  the respondent to handover physical possession of the said unit to the complainants with all promised facilities and amenities and to execute the conveyance deed.  No reply has been ‘filed by the respondent. The authority observes that the application for registration of the project is pending before the Authority and is fixed for 01.10.2024 and till next date of hearing, the respondent No.2 assures that cancellation shall not be effected as about 90% of the amount has already been received  by respondent No.1 and R2 is a confirming party to the BBA.     In view of the above, the respondents are restrained from creating third party rights w.r.t the unit of the complainant  till the next effective date. Matter to come up on 22.10.2024 for further proceedings.