DEJEE SINGH vs SANA REALTORS PRIVATE LIMITED

RE-OPENED

DUE TO COVID-19 PANDEMIC, THE MATTER IS ADJOURNED TO 13.10.2020

IN ORDER TO OBVIATE THE MENACE OF CORONAVIRUS,  COURT IS ADJOURNED. MATTER IS FIXED FOR  26.08.2020

In order to obviate the menace of Coronavirus, Court is adjourned. Matter is fixed for 07.07.2020.

Project is not registered.  Since the project is not registered, notice under section 59 of the Real Estate (Regulation & Development) Act, 2016, for violation of section 3(1) of the Act be issued to  the respondent which will be decided separately) Registration branch  is directed to do the needful.  A copy of this order be sent to the Registration Branch for taking necessary action.                Part arguments heard.                After due deliberations, it has come on surface that the respondent is unable to bring on record the following documents:- (i)                            Occupation Certificate (ii)                        Offer of possession letter alongwith delivery tracking                                  report. (iii)                     Approved building plans (iv)                      Completion plan on the basis of which occupation certificate has been obtained. (v)                        Deed of declaration submitted in the office of DTCP, Haryana within three months from the date of issue of occupation certificate.               Reply has not yet been filed by the respondent.  Respondent is directed to file  reply within two weeks with an advance copy to the complainant. The respondent is directed to bring on record copies of above mentioned documents within three days. However, keeping  in view his lackadaisical approach,  a costs of Rs.1,000/- is imposed upon the respondent which is to be paid to the complainant on the next date of hearing.  Till the actual delivery of possession, no maintenance charges shall be levied on the complainant/home buyer by the respondent.                        Matter is adjourned to 21.04.2020 for submission of aforesaid documents by the respondent.  The complainant shall also submit the actual area plan for the allotted unit on the next date of hearing.  Remaining arguments shall also  be heard on that date.                            It has been contended by the counsel for the complainant that despite making 95% payment approximately against a total amount of sale consideration,  the complainant is not allowed to visit the site despite repeated requests. It is high handedness on the part of the promoter.  Promoter is directed to allow the complainant to visit his allotted unit failing which consequential action shall be taken against the promoter. Complainant shall submit a report in this regard. Counsel for the respondent is directed to facilitate the visit of the complainant.

FIRST HEARING