SANKHESARA HARSHAD KUMAR vs SUNRAYS HEIGHTS PVT. LTD.

Matter to come up on 08.04.2025   for further proceedings.

The present complaint was filed on 08.07.2024 and application u/s 36 by complainant was filed on 13.12.2024 the reply on behalf of respondent has not been filed yet. The complainant filed an application u/s 36 seeking interim directions to the respondent for not creating third party rights against the subject unit. It is pertinent to note that the Authority, vide proceedings dated 23.04.2024 in CR/1244/2022, had already directed the respondent/promoter not to cancel the allotted unit of the complainant, wherein 85% of the payment against the unit has already been deposited. The relevant portion of the said proceedings is reproduced below: The authority hereby directs that no demands shall be raised by the respondent which are not part of the Affordable Housing Policy and no third-party rights shall be created till next date of hearing. Further the promoter is directed not to cancel any unit of the allottees of the project where more than 85% of the amount has been deposited and without following the due process prescribed in the Affordable Housing Policy. In light of the above directions, the respondent is hereby directed not to cancel the allotted unit if more than 85% of the payment has been made by the allottee, without adhering to the due process prescribed under the Affordable Housing Policy. The respondent to file reply to the aforesaid application within 15 days with an advance copy to the complainant. Matter to come up on 13.03.2025 for further proceedings.

File taken up today as 31.10.2024 has been declared holiday on account of Diwali Festival, hence, the matter is adjourned to 02.01.2025 for the purpose already fixed.