PRADEEP GUPTA AND ANURADHA GUPTA vs JUBILIANT MALLS PVT. LTD

Hearing History (9)

• 17JAN 2023
  Hearing

  Judge: VIJAY KUMAR GOYAL ASHOK SANGWAN

  The counsel for the complainant states that the matter has been settled and the complainant has received the possession after adjustment of delay possession charges and as such is withdrawing the complaint. The matter stands disposed off. File be consigned to the registry.

  Stage: DISPOSED

• 16NOV 2022
  Hearing

  Judge: VIJAY KUMAR GOYAL ASHOK SANGWAN SANJEEV KUMAR ARORA

  The complainant has moved an application dated 07.10.2022 for directions w.r.t the following:- 1.  The respondent has not issued fresh demand letters regarding payments on possession after adjustment of delayed possession charges in accordance with order of the Authority dated 29.08.2022 but the same has yet not been issued to the complainants. Hence, to issue a direction in that respect. 2. To direct the respondent-builder to not enforce one sided settlement agreement favouring builder like DPC waiver, withdrawal of HRERA complaint and power backup equipment/infrastructure waiver etc. 3. Allow the complainants to deposit pending dues after adjustment of DPC in court and release of possession letter/conveyance deed through court. Arguments heard. Order reserved. In case the parties wish to submit written submissions,  they may to do so within a period of one week with an advance copy to each other. Counsel for the respondents states that  the unit has been cancelled due to non-payment of dues by the complainant  despite directions passed to the interim order dated 29.08.2022.   The counsel for the complainant objects to the same and states that no account statement was received by the complainant despite requests made in this regard.  The respondent is directed to submit proof of having supplied the account statement after adjusting the delay possession charges alongwith written submissions, if any. The counsel for the complainant is also free to file the same within one week. Matter to come up on 17.01.2023 for pronouncement of  order.

  Stage: PENDING

• 18OCT 2022
  Hearing

  Judge: K K KHANDELWAL VIJAY KUMAR GOYAL ASHOK SANGWAN SANJEEV KUMAR ARORA

  Due to paucity of time,  matter could not be heard. Adjourned to 16.11.2022 for further proceedings.

  Stage: PENDING

• 29AUG 2022
  Hearing

  Judge: K K KHANDELWAL VIJAY KUMAR GOYAL

  The complainant has moved an application dated 24.08.2022 for issuance of interim directions to respondent-builder as it has offered the possession on 02.08.2022 and asked for payment of final instalment payable on offer of possession. The respondent has sent an email to the complainant for the payment of final instalment otherwise he will cancel the allotment of the unit in question. Further, the respondent-builder wants the complainant to sign settlement document which would result in withdrawal of case pending in the authority to obtain possession letter and get the conveyance deed executed. The complainant through this application prayed for passing an interim order to builder to maintain status quo until next date of hearing. The complainant also submitted that he is ready to make balance payment to the builder within 7 days but want legal possession by adjusting the delayed penalty.  The respondent produced a copy of the  completion certificate which is not legible at all. This copy serves no purpose except to believe the counsel that on 22.07.2022 CC of this project has been obtained.  The promoter is obligated under  proviso to section 18 (1) of the Act  to pay the allottees delayed possession charges at the prescribed rate of interest i.e. 10% per annum from the due date of possession till actual date of handing over of possession.  If allottee does not come forward to take possession within 2 months as required under section 19 of the Act then the obligation of the builder to pay delayed possession charges may be deemed to have come to an end  after 2 months from the date of offering possession.   The promoter is advised to issue demand letters regarding due payments on possession after adjustment of delayed possession charges as per provisions of the Act, 2016.  The delayed period also covers the Covid-19 period, accordingly six months delayed payment interest cannot be paid and also shall not be charged for the delayed  payment of instalments, if any,  by the allottee.   The possession is to be given free from all encumbrances as per the provisions of the Act, 2016.  The promoter is restrained from cancelling any unit as the complainant is ready to make balance payment to the builder within 7 days if demands are raised after adjusting delayed possession charges. The promoter shall not charge anything which is  not part of BBA or otherwise held to be invalid by the Hon’ble Supreme Court of India.  Application stands disposed off. Matter to come up on 16.11.2022 for further proceedings.

  Stage: PENDING

• 26AUG 2022
  Hearing

  Judge: K K KHANDELWAL VIJAY KUMAR GOYAL

  Due to administrative exigencies,  the court is not held today. Hence, the matter is adjourned to 29.08.2022 for the purpose as already fixed.

  Stage: PENDING

• 16AUG 2022
  Hearing

  Judge: K K KHANDELWAL VIJAY KUMAR GOYAL

  Due to the programme of Hon’ble Chief Minister Haryana in office premises,  the matter is adjourned to 22.11.2022 for the purpose as already fixed.

  Stage: PENDING

• 22APR 2022
  Hearing

  Judge: K K KHANDELWAL VIJAY KUMAR GOYAL

  On the last date of hearing the counsel for the respondent had appeared and sought an adjournment for filing of reply. The authority directed him to file reply within one week failing which he had to pay cost of Rs. 5000/- to be paid to the complainant.           However, no reply has been received on behalf of the respondent till date.   The counsel for the respondent states that the reply alongwith cost of Rs.5,000/- is being supplied to the counsel for the complainant today itself and reply will be filed in the registry of the authority in next 3 days alongwith status of the appeal filed by the respondent before Hon’ble Tribunal.               The Authority vide memo No.CR/4366/2021 dated 27.01.2022 had issued directions to Deputy Commissioner Gurugram to take cognizance w.r.t interest of 8 allottees who have stakes in the land of the project ILD  Engracia -I before proceeding with auction for recovery of loan amount taken by the promoter from M/s Reliance Home Finance Limited.   A reference be made by the registry to the DC Gurugram for supplying the updated status w.r.t above plots of 8 allottees.                The respondent is directed to  ensure filing of the reply in the registry of the Authority within one week after serving a copy to the complainant alongwith cost of Rs.5,000/- to be paid to the complainant.  In case reply is not filed within the time allowed, the defense of the respondent may be struck off.         Matter to come up on  16.08.2022 for further proceedings.

  Stage: PENDING

• 9FEB 2022
  Hearing

  Judge: K K KHANDELWAL VIJAY KUMAR GOYAL

  The present complaint was filed on 23.11.2021. and registered as complaint No. 4373 of 2021. As per the registry, complainants have 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 was submitted by the complainants as available in the file. The registry of the authority also sent a notice along with a copy of the complaint through speed post of which delivery confirmed on 02.12.2021 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 the following email address i.e., on [email protected]. 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.                       On request  of the complainant, a notice has already been sent to the Deputy Commissioner, Gurugram, Haryana by the registry to take cognizance with respect of the interest of 8 allottees who have stakes in the land of the project “ILD Engracia” I sector – 37D, Gurugram, Haryana.                    However, no reply has been received on behalf of the respondent till date.  The counsel for the respondent seeks short adjournment for filing the reply. The respondent is directed to file reply within one week with an advance copy to the complainant failing which a cost of Rs.5,000/- shall be imposed on the respondent to be paid to the complainant. Last opportunity is being granted. In case reply is not filed within the time allowed, the defense of the respondent may be struck off.                           Matter to come up on 22.04.2022 for further proceedings.

  Stage: PENDING

• 24DEC 2021
  Hearing

  Judge: K K KHANDELWAL VIJAY KUMAR GOYAL

  Shri Pankaj Chandola Advocate  has appeared on behalf of the respondent and filed power of attorney alongwith a resolution passed by the Board of Directors today in the court.                              The present complaint was filed on 23.11.2021. and registered as complaint No. 4373 of 2021. As per the registry, complainants have 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 was submitted by the complainants as available in the file. The registry of the authority also sent a notice along with a copy of the complaint through speed post of which delivery confirmed on 02.12.2021 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 the following email address i.e., on [email protected] 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.            However, no reply has been received on behalf of the respondent till date.   Respondent is directed to file reply within two weeks i.e., by 07.01.2022 in the registry with a copy to the complainants. Last opportunity is being granted. In case reply is not filed within the time allowed, the defense of the respondent may be struck off.               The counsel for the complainants submit that an application  has been filed before the authority on 06.12.2021 for staying the taking over of the land by Reliance Home Finance Limited for non-payment of the loan amount taken by the promoter  as an application by said Finance company has already made before Deputy Commissioner, Gurugram under SARFAESI Act.  However,  the counsel for the respondent  states that on a separate application of another complainant,  the authority has already passed an order of stay. Registry to put up the said application on file immediately for issuance of necessary directions to the Deputy Commissioner by the Authority as per law.               Matter to come up on 09.02.2022  for further proceedings.

  Stage: FIRST HEARING

Orders (10)

• 17JAN 2023
  judgement

  Order No: N/A

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• 17JAN 2023
  order

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• 16NOV 2022
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• 18OCT 2022
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• 29AUG 2022
  order

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• 26AUG 2022
  order

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• 16AUG 2022
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• 22APR 2022
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• 9FEB 2022
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• 24DEC 2021
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Judgement DetailsView full order PDF ↗