ASHOK SINGAL vs OCEAN SEVEN BUILDTECH PVT. LTD.

The present complaint was filed on 06.12.2021. Despite multiple opportunities to the respondent, the respondent has failed to file reply and in view of the same, the defence of the respondent was struck of by the authority vide order dated 08.12.2023. It was further ordered that interim orders for not creating third party rights in respect of the unit of the complainant shall remain in force. Case has been called out but no one has appeared on behalf of the respondent. Matter to come up on 03.09.2024 for further proceedings.

The matter is adjourned to 21.05.2024 before the full bench for further proceedings.

Matter is adjourned to 15.03.2024.

The court is adjourned today i.e. 20.10.2023 due to power cut in the HARERA Gurugram office. Matter to come up on 08.12.2023  for the purpose  already fixed.

The present complaint was filed in 2021. Due to non-appearance of the respondent, a direction vide order dated   03.03.2023 was issued by the authority for issuance of public notice for its presence for this date. The publication has since been made in the newspaper “Dainik Bhaskar” and “Hindustan Times” made by the registry of the authority. The counsel for the complainant states that they have paid 100% of the total sale consideration but still the respondent has cancelled the unit in September 2021.  Further requests that the orders dated 08.03.2022 of the authority regarding non creation of third party rights should continue.  The respondent is hereby directed not to create third party rights as per the directions of the authority dated 08.03.2022 till the final decision of the case. The proxy counsel for the respondent states that main arguing counsel is  not available  due to some other engagement, hence seeking a short adjournment.  Request is allowed. The respondent is directed to file reply alongwith previous cost within a period of 3 weeks with an advance copy to the complainant failing which additional cost of Rs.5000/- shall be imposed upon the respondent.  Last opportunity is being granted. In case reply is not filed within the time allowed, the defence of the respondent may be struck off. The proxy counsel for the respondent states that they have submitted a plan regarding completion of the project in the office of Town and Country Planning Department Chandigarh and as per that, the project is  to be completed within one year i.e  by July 2024. They are further directed to submit the said plan and correspondence with DTCP in the authority also before the next date of hearing. Matter to come up on 20.10.2023 for further proceedings.

The above complaint alongwith CR bearing Nos. 4218/2021,  4221/2021, 4219/2021,  4222/2021, 4217/2021,  4223/2021, 4504/2021, 7257/2022, 7258/2022, 6185/2022, 7785/2022, 5490/2022, 435/2022, 5300/2022, 5289/2022 and 6812/2022 were filed before the authority seeking delayed possession charges/refund on failure to deliver possession of the allotted unit by the respondent.  The registry had already sent the notices of the above complaints through emails 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. Finally on 14.10.2022,  a notice was sent to the respondent which was duly served upon them on 17.10.2022 at the registered office of the respondent. Despite proper service of notices seeing the interest of a large number of allottees in the project to be developed by the respondent is involved, the  receipt of the notice clearly shows that the respondent is avoiding service to put in appearance.  Let the respondent be served by way of substituted service i.e. by way of publication in newspaper i.e. Dainik Bhaskar and Hindustan Times and the publication expenses shall be borne by the complainant on share basis. Matter to come up on 28.07.2023 for further proceedings.

The Coram is not complete, so the matter is adjourned to 03.03.2023 for the purpose as already fixed.

The complainant has approached the authority seeking reliefs which cannot be deliberated without the written reply from the respondent. The registry of the authority has sent the notice through speed post as well as through email. Despite a number of reminders due service, the respondent builder failed to put an appearance to the averments made by the complainant. Though on the previous date planning/ engineering wing of the authority was directed to inspect the site and submit its report but that report has been submitted in one project only. In absence of complete details of project and non-appearance of respondent builder the issues for adjudication cannot be dealt effectively. Hence in such a situation the presence of respondent builder to put up its case before the authority is must. Since, the respondent builder is avoiding put in appearance  despite multiple opportunities, the authority in exercise of powers under section 35 of the Act,  2016,   directs the respondent directors with the CFO to appear before the Authority  alongwith relevant record of the case and status of the construction and other development works undertaken in the project and their likely date of completion on the next date of hearing.   A copy of the notice be served  to the respondent through process server of the authority.  Registry is directed to do the needful. The counsel for the complainant has further drawn attention of the authority that  inspite of having paid total consideration amount of the above unit,  the respondent-promoter has issued a cancellation letter dated 02.09.2021 and hence requests that the cancellation may be kept in abeyance.  The restraint order dated 08.03.2022 of the authority for non creation of any third party rights shall continue till further orders.            Matter to come up on 03.11.2022  for further proceedings.

On the last date of hearing no one was present from the respondent side and the respondent has failed to file reply even on this date. The respondent is directed to file reply within two weeks i.e. by 31.05.2022 in the registry with a copy to the complainant subject to costs of Rs.5,000/-, for not complying with the orders of the authority. Last opportunity is being granted. In case, reply is not filed even at this stage within the time allowed, the defense of the respondent may be struck off.           Since inspite of service of the notice and multiple opportunities,  the respondent has neither filed reply nor put in appearance and hence, the Planning/Engineering Wing of the Authority is directed to inspect the site and to submit status of the project alongwith details of sanction of the building plans, date of grant of environment clearance to work out due date of possession as per Affordable Housing Policy, 2013 which are required to proceed further in the matter on the next date of hearing.              The matter to come up on 06.09.2022 for further proceedings.

The present complaint was filed on 06.12.2021 and registered as complaint No. 4817 of 2021. As per the registry, complainant has sent copy of complaint along with annexures through speed post as well as through email and proof regarding having the delivery of the complaint along with annexures made to the respondent has been submitted by the complainant as available in the file.  The registry of the authority sent a notice with a copy of the complaint along with annexures through speed post of which delivery confirmed on 13.12.2021 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 following email address: [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.            Neither the written reply has been filed b by the respondent nor is putting in appearance. One last opportunity is being granted to the respondent for filing of the reply within two weeks i.e. by 22.03.2022 in the registry with a copy to the complainant. In case reply is not filed within the time allowed, the defense of the respondent may struck off.                 The counsel for the complainant has stated that despite payment of total consideration amount as per Affordable Housing Policy,   the respondent-promoter has issued a cancellation letter dated 02.09.2021 and that there is already a delay of more than six months from the due date of possession.   The respondent-promoter is restrained from creating third party rights in respect of above unit for which the applicant-complainant has already made the full payment to the respondent.  The respondent-promoter is also directed to file complete and updated status of the project regarding construction alongwith expected date of handing over of possession to the allottee alongwith reply.                    Matter to come up on 17.05.2022 for further proceedings.

THE MATTER IS ADJOURNED TO 08.03.2022.