MANJU GUPTA vs EARTH INFRASTRUCTURES LIMITED

The present complaint has been received on 08.05.2019. None is present on behalf of the respondent. The counsel for the complainant states that no moratorium has been imposed till now by NCLT whereas as per the data available on NCLT website, last date of hearing was   14.11.2022. As per the data available on NCLT website,  IRP has been appointed  on 06.06.2018  and later on the resolution plan was challenged, hence the counsel for the complainant was directed to submit clarification w.r.t moratorium which is still to be filed by the complainant.  The counsel for the complainant further submits that authority had passed an order in CR No.744 of 2018 on 06.05.2022 where the proceedings were pending before NCLT and requests for a similar relief in this particular matter.  Arguments heard. Detailed order will follow. Matter stands disposed off. File be consigned to the registry.

Proceedings were adjourned due to administrative reasons.  Therefore,  no hearings. Adjourned to 25.01.2023 for the purpose as already fixed.

The present complaint to the authority / adjudicating officer has been received on 07.04.2021 in view of the judgment dated 11.11.2021 passed by the Apex Court in the case bearing no. SLP(Civil) No(s). 3711­3715 OF 2021) titled as M/s Newtech Promoters and Developers Pvt Ltd Versus State of U.P. and Ors., and wherein it was held that as matters regarding refund and interest under section 18(1) are to be decided by the authority and matters regarding adjudging compensation to be decided by the Adjudicating officer. But the  respondent neither put in appearance through its counsel nor filed any written reply despite giving several opportunities. So, the authority was left with no option but to proceed with the complaint based on averments given in the complaint and the documents placed on the file.  Succinct facts of the case as per complaint and annexures are as under: S.N. Particulars Details 1. Name of the project “Iconic shoppee” , sector-71, Gurugram (commercial space ) 2. Unit no.  ATM unit space ,Super area measuring 170 sq. ft. , ground floor . (Page 43 of complaint .) 3. unit admeasuring 170 sq. ft 4. Date of apartment buyers’ agreement not executed 5. date of booking 01.10.2011 6. Possession clause The BBA is not executed, the allotment letter is also not executed as well as no reply till date has been received , the MOU does not have any specified clause for possession . 7. Due date of possession Cannot be ascertain as there is no proper information provided. 8. date of memorandum of understanding 14.07.2012 (annexure C-7, page 42 ) 9. Total sale consideration Rs.35,97,580/- (As per information of complaint.) 10. Total amount paid by the complainant Rs.35,00,000/- (As alleged by complainant.) 11. Occupation certificate Not obtained 12. offer of possession not offered In September / October 2011 the complainant booked a commercial space measuring 170. Sq. ft. in above mentioned project of respondent for a total sum of Rs.35,97,580/- . a welcome letter dated 01.10.2011 was issued. The complainant paid Rs. 35,00,000/- against the above mentioned booking. No buyers agreement was executed in this regard between parties . however a MOU  dated 14.07.2012 was executed between parties . as per that document the complainant was requested to deposit the above mentioned and in order to avail benefit of assured return @Rs.21,000/- per month w.e.f. may 2012 till June 2015 or till date of offer of possession whichever is later . the complainant was made payment as promised of assured return upto march 2014 and respondent did not pay the same. Even the project is not completed nor there is any hope in near future so the complainant wants to seek refund of paid amount besides interest. On the last date of hearing i.e., 25.08.2022 the authority decided to grant refund alongwith interest as well as assured return as per BBA and order was reserved. However, subsequently while checking the status of company on ROC website,  it is found that the status of company is INACTIVE and hence,  the updated status of the company as well as if any moratorium proceedings are initiated or not needs to be ascertained.  The counsel for the complainant seeks one  week time to check and submit the status, if any available with the allottee or on official website of NCLT which shall also be checked by the registry of the authority. Matter to come up on 22.12.2022 for further proceedings.