HARVINDER PAL SINGH vs EMAAR MGF LAND LTD.

Hearing History (10)

• 22OCT 2024
  Hearing

  Judge: ARUN KUMAR VIJAY KUMAR GOYAL ASHOK SANGWAN

  Order pronounced. The complaint is dismissed being not maintainable. Detailed order will follow. Matter stands disposed off.

  Stage: DISPOSED

• 15OCT 2024
  Hearing

  Judge: ARUN KUMAR VIJAY KUMAR GOYAL ASHOK SANGWAN

  Due to lack of Coram,  the matter is adjourned to 22.10.2024 for the purpose as already fixed.

  Stage: PENDING

• 3SEP 2024
  Hearing

  Judge: ARUN KUMAR VIJAY KUMAR GOYAL ASHOK SANGWAN

  Order not  pronounced today. Matter to come up on 15.10.2024 for pronouncement of order.

  Stage: PENDING

• 2JUL 2024
  Hearing

  Judge: ARUN KUMAR VIJAY KUMAR GOYAL ASHOK SANGWAN

  The present complaint has been received on 01.09.2021 and the reply was received on 19.10.2021. Reply on behalf of respondent no. 2 is received on 07.03.2024. The main case was disposed off vide orders date 15.12.2021 with the directions of delayed possession charges from the due date till the offer of possession plus two months. Before the disposal of the complaint the original allottee sold his unit to a subsequent allottee by executing an agreement to sell 27.02.2021 and later executed the sale deed on 16.08.2021. As per the order of Hon’ble Tribunal dated 26.04.2023, the case has been remanded back for fresh decision. It has been observed that neither the complainant nor the defendant bothered to implead the subsequent purchaser as a party in the proceedings. The counsel for the complainant has filed an application dated 15.05.2023  for impleadment whereas it is stated that after conveyance deed got executed the complainant sold his flat to Mr. Lalit Kumar Tyagi and Mrs. Savita Tyagi by executing an agreement to sell on 27.2.2021 and later executed the sale deed on 16.08.2021. The said application for impleadment was allowed vide order dated 01.08.2023. Succinct facts of the case as per complaint and reply are as under: Sr. No. Particulars Details 1. Name of the project Gurgaon Greens, Sector 102, Gurugram, Haryana 2. Unit no. GGN-14-0901, 9th floor, building no. 14 [annexure P2, page 52 of complaint] 3. Unit admeasuring 1650 sq. ft. (Page 52 of the complaint) 4. Provisional allotment letter dated 27.01.2013 [annexure P1, page 30 of complaint] 5. Date of execution of buyer’s agreement 16.05.2013 [annexure P2, page 49 of complaint] 6. Possession clause 14. (a) POSSESSION 36 months from the date of start of construction plus grace period of 5 months, for applying and obtaining completion certificate/ occupation certificate in respect of the unit and / or the project. (Page 65 of the complaint) (Emphasis supplied) 7. Date of start of construction 14.06.2013 8. Due date of possession 14.06.2016 [Note: - Grace period not allowed] 9. Total consideration Rs.95,65,405/- [as per statement of account dated 03.09.2021 at page 116 of reply] 10. Total amount paid by the                         complainants Rs.95,95,833/- [as per statement of account dated 03.09.2021 at page 116 of reply] 11. Occupation certificate 05.12.2018 [annexure R7, page 119 of reply] 12. Offer of possession 12.12.2018 [annexure R9, page 125 of reply] 13. Unit handover letter dated 05.05.2019 [annexure R10, page 130 of reply] 14. Conveyance deed executed on 09.05.2019 [annexure R11, page 131 of reply] 15. Agreement to Sell by complainant to Subsequent allottee Mr. Lalit Kumar Tyagi and Mrs. Savita Tyagi 27.02.2021 (as per agreement to sale at page 4 of impleadment application) 16. Sale Deed between Complainant and Mr. Lalit Kumar Tyagi along with Mrs. Savita Tyagi 16.08.2021 (as per sale deed at page 10 of impleadment application)  As per clause 3 of ATS dt. 27.02.2021, subsequent allottees were informed that the complainant are perusing one claim of DPC as per RERA laws against the builder. As per reply filed by the subsequent allottee they have no objection and pecuniary interest in the claim raised by the complainants. The complainant is seeking the following reliefs: 1.         Direct the respondent to pay interest at the rate of 18% on account of delay in offering possession on Rs.92,87,034/- amount paid by the complainant as sale consideration of the said flat from the date of payment till the date of delivery of possession. 2.         Litigation Charges. The counsel for the subsequent purchaser already impleaded as respondent No.2 states at bar that he has no objection if the relief of DPC is granted in favour of the complainant as per mutual agreement i.e. 27.02.2021 entered between them at the time of sale.  However, the counsel for respondent No.1 states that the complainant is not an allottee at the time of filing of complaint and the fact of sale of unit is not disclosed at the time of filing of complaint. More over the authority has already taken a view in similar situation and relief  of DPC was not considered in CR No.4397 of 2020. Arguments heard. Order reserved. Both the counsels for the parties may file written submissions within 2 weeks with an advance copy to each other. Matter to come up on 03.09.2024 for orders.

  Stage: RESERVED

• 26MAR 2024
  Hearing

  Judge: ARUN KUMAR VIJAY KUMAR GOYAL ASHOK SANGWAN SANJEEV KUMAR ARORA

  Vide resolution No.3026 dated 22.03.2024 a request has been received from District Bar Association,  Gurugram that on account of “Hola” i.e. 0n 26.03.2024,  the Hon’ble High Court of Punjab & Haryana and District Court remains closed, hence,  the matter is adjourned to 02.07.2024   for the purpose as already fixed.

  Stage: PENDING

• 2JAN 2024
  Hearing

  Judge: ARUN KUMAR VIJAY KUMAR GOYAL ASHOK SANGWAN

  The main case was disposed off vide orders date 15.12.2021 with the directions of delayed possession charges from the due date till the offer of possession plus two months. Before the disposal of the complaint the original allottee sold his unit to a subsequent allottee by executing an agreement to sell 27.02.2021 and later executed the sale deed on 16.08.2021. As per order of Hon’ble Tribunal dated 26.04.2023, the case has been remanded back for fresh decision. It has been observed that neither the complainant nor the defendant bothered to implead the subsequent purchaser as a party in the proceedings. The counsel for the complainant has filed an application dated 15.05.2023 whereas it is stated that after conveyance deed got executed the complainant sold his flat to Mr. Lalit Kumar Tyagi and Mrs. Savita Tyagi by executing an agreement to sell on 27.2.2021 and later executed the sale deed on 16.08.2021. One more opportunity is being given to respondent No.2 who has been impleaded during last proceedings for filing reply and put in appearance. Matter to come up on 26.03.2024 for further proceedings.

  Stage: PENDING

• 10OCT 2023
  Hearing

  Judge: ASHOK SANGWAN SANJEEV KUMAR ARORA

  As per order of Hon’ble Tribunal dated 26.04.2023, the case has been remanded back for fresh decision. it has been observed that neither the complainant nor the defendant bothered to implead the subsequent purchaser as a party in the proceedings. The counsel for the complainant has filed an application dated 15.0.15.2023 whereas it is stated that after conveyance deed got executed the complainant sold his flat to Mr. Lalit Kumar Tyagi and Mrs. Savita Tyagi by executing an agreement to sell on 27.2.2021 and lateron executed the sale deed on 16.08.2021. The counsel for the respondent No.2 is present and submit memo of appearance and requests for a short adjournment and to file a statement in respect to the claim of the complainant.  The statement may be filed within a period of one week with an advance copy to the counsel for the respondent.   Matter to come up on 02.01.2024  for further proceedings.

  Stage: PENDING

• 1AUG 2023
  Hearing

  Judge: VIJAY KUMAR GOYAL ASHOK SANGWAN SANJEEV KUMAR ARORA

  As per orders of Hon’ble Tribunal dated 26.04.2023, the case has beenremanded back for fresh decision. It has been observed that neither thecomplainant nor the defendant bothered to implead the subsequentpurchaser as a party in the proceedings. The authority, thus, proceeded todecide the entire matter taking it as an issue between the respondent and thepromoter.The counsel for the complainant states that an application for impleadmentof subsequent purchaser has been filed on 15.05.2023 a copy of which hasbeen delivered to the respondent. The counsel for the respondent has noobjection to the same. Application for impleadment is allowed. Notice beissued to the subsequent purchaser for 03.10.2023.Matter to come up on 10.10.2023 for further proceedings.

  Stage: PENDING

• 15DEC 2021
  Hearing

  Judge: K K KHANDELWAL VIJAY KUMAR GOYAL

  RE-OPENED

  Stage: RE-OPEN/PENDING

• 19OCT 2021
  Hearing

  Judge: K K KHANDELWAL SAMIR KUMAR VIJAY KUMAR GOYAL

  The present complaint was filed on 01.09.2021 and registered as complaint No. 3411 of 2021. 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 is submitted by the complainant as available in the file.  The registry of the authority sent a notice along with a copy of the complaint through speed post of which delivery confirmed on 07.09.2021  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 on the following email address i.e. [email protected]. and [email protected] and the same is shown to have delivered on the above email addresses as per the report available in the file.  It is proper service of the notice.                 Written reply not filed by the respondent. Counsel for the respondent requests adjournment for filing reply.  Respondent is directed to file reply within two weeks i.e. by 02.11.2021 in the registry. Last opportunity is being granted. In case reply is not filed within the time allowed, the defence of the respondent shall struck off.            Matter to come up on 15.12.2021 for further proceedings in the matter.

  Stage: FIRST HEARING

Orders (11)

• 22OCT 2024
  order

  Order No: N/A

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• 22OCT 2024
  judgement

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• 15OCT 2024
  order

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• 3SEP 2024
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• 2JUL 2024
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• 26MAR 2024
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• 2JAN 2024
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• 10OCT 2023
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• 15DEC 2021
  judgement

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• 15DEC 2021
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• 19OCT 2021
  order

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Judgement DetailsView full order PDF ↗