KAVITA LAMBA AND SUNITA LAMBA vs ORRIS INFRASTRUCTURE PVT. LTD.

The  present complaint was filed on 25.07.2024 and registered as complaint no. 3614 of 2024 and the matter is  listed on 14.11.2024 for appearance of respondents. On 25.07.2024, the complainants have filed an application u/s 36 of the Act and registered as M.A, no. 468 of 2024 in CR/3614/2024 and prayed for restrain the respondent from cancellation of the allotment of SCO Plot no. 128 & 129 in project Orris Gateway, and restraint the respondent from forfeiting the amount paid by the complainants nor to make any demand till a valid offer of possession along with completion certificate from the competent authority. Also, the respondent be restrained from installation of any electric panel in between SCO plot no. 128 & 129. The counsel for the respondent states that a single complaint has been filed for two units allotted to different persons who are related to each other and hence, the complaint is not maintainable.   The CC has been applied but not yet granted and offer of possession has been made on the basis of applied CC and the unit is not yet cancelled and hence, the complaint is pre-mature.   The  GPA of the complainant clarifies that both the  allottees are mother and daughter and as per agreement being  handed over,  a condition of taking possession without CC/OC is being incorporated and hence, BBA is not yet signed.  The BBA is to be executed without above condition and copy of BBA signed by the complainants and the counsel for the respondent clarifies that BBA shall be signed only as per approved draft in the RERA registration.   The GPA of the complainant further requests that no cancellation/third party rights of the above units shall be created and the complaints shall be filed individually within 15 days.  Reply of application has been handed over to the complainant during proceedings. The counsel for the respondent assures that they shall not cancel the unit of the complainant till further order.  The present complaint stands disposed off accordingly. File be consigned to the registry.