RAVINDER KUMAR vs ORRIS INFRASTRUCTURE PVT LTD

The Hon’ble Member is on leave, hence, the matter is adjourned to 21.11.2024 for the purpose as already fixed.

The present complaint has been received on 12.07.2023 and registered as complaint no. 3311 of 2023 and reply on behalf of respondent was received on 21.12.2023. An application on behalf of counsel for the respondent for seeking adjournment has been received on 21.05.2024 with an advance intimation to the counsel for the complainant through mail, in which the counsel for the respondent request for adjournment due to some family exigencies. Adjournment request is allowed. Matter to come up on 29.08.2024 for further proceedings.

The present complaint has been received on 12.07.2023 and registered as complaint no. 3311 of 2023 and reply on behalf of respondent was received on 21.12.2023. The counsel for the complainant has placed on record a copy of email dated 28.09.2023 vide which it has been confirmed by the respondent that SCO No.95 at Orris Gateway at Sector 82 has been allotted on 20.05.2023 against a deposit of cheque of Rs. 5 Lakhs and an additional Rs 5 Lakhs was paid to Mr. Sachin Jain on 21.05.2023 and the same was acknowledged by him. Since the booking of the unit, the complainant has not received any demand letter, email and request for any pending amount. Further,  an offer has been made by the respondent that Rs. 10 Lakhs paid by the complainant has been forfeited due to non-payment of requested amount. The counsel for the complainant requests to direct the respondent to execute the BBA and the complainant is ready to make the due payment.     The counsel for the respondent states that  they have received  only Rs. 5 Lakhs at the time of booking of the SCO and they are ready to refund Rs. 5 Lakhs to the complainant.  Further the application form has been signed by the complainant only and the same does not bear the signatures of the respondent.  Both the parties may submit written submissions within a period of 15 days with an advance copy to each other. Matter to come up on 30.05.2024  for further arguments.

The present complaint was filed on 12.07.2023 and registered as complaint No.3311 of 2023. On the last date of earing i.e. 28.09.2023,  none was present on behalf of the parties.  Last opportunity was granted to both the parties to appear and to argument the matter failing which the case shall be dismissed in default without any further adjournment. The counsel for the respondent has handed over a copy of reply to the counsel for the complainant during proceedings and shall  be filing the same in the registry today itself. Matter to come up on 21.03.2024 for further proceedings.

The present complaint was filed on 12.07.2023 and registered as complaint No. 3311 of 2023. None present on behalf of the parties. However, one more and last opportunity is being given to both the parties to put in appearance and for arguments failing which the case shall be dismissed in default without any further adjournment. Matter to come up on 21.12.2023 for further proceedings.

The  complainant has filed a complaint bearing no. 3311 of 2023 before the authority on 12.07.2023 and along with the said complaint, the complainant has also moved an application for issuance of interim order under section 36 of the Act for restraining the respondent from creating any third party right, till the pendency of the present complaint. The complainant through its counsel submitted that the complainant paid an initial amount in respect of the unit in question to the respondent till date. However, no builder buyer agreement or allotment letter has been issued by the respondent. The complainant in this regard visited the respondent enquiring about the execution of the BBA and asking about allotment of the unit, he was shocked to know that the respondent is trying to sell the unit in question at higher price. The prayer made by the complainant is reproduced below:             “It is therefore humbly prayed that the respondents may kindly be restrained from disposing of the unit further to anyone till final decision of the present complaint in the interest of justice.”     The  proxy counsel for the respondent states that the main arguing counsel is not available today due to some medical exigency and requests an adjournment for filing reply to the above said application. Request is allowed. The respondent is directed to file reply to the aforesaid application as well as to the main complaint within 2 weeks with an advance copy to the complainant.   Matter to come up on 28.09.2023  for further proceedings.

In view of the meeting  convened  by the Hon’ble Chairman,  Haryana Real Estate Appellate Tribunal on 02.08.2023 at Chandigarh, the case was adjourned.           The matter to come up on  10.08.2023 for further proceedings.