ABHA SHARMA vs BPTP LTD.

The counsel for the complainant states that after cancellation of the unit in 2013, an offer was received from the respondent company  on 05.10.2016 intimating excavation of the construction work and offer for the restoration of the unit. However, the counsel for the respondent clarifies that it was only a one time offer but the same was never availed by the complainant-allottee and there has been no correspondence for offer since cancellation of the unit in 2013 and hence the complaint is barred by limitation.  Further that the above one time offer does not extend the limitation period as has been held by Supreme Court of India in case titled as Buttamal versus Union of India Mannu/SC/0301/1962  and  HARERA has also been taking a similar view in case titled as Meera Mahubali versus Ireo Grace Realtech Pvt. Ltd vide complaint No.242 of 2018 and the another case titled as Samir Agarwal versus Bestech India Ltd. The counsel for the complainant states that period of limitation was to start from one time offer made in 2016 and before expiry of limitation.  The instant complaint was filed before the authority for seeking refund of the amount deposited and deduction beyond 10% is  not admissible.    The counsel for the respondent has supplied a copy of order dated 13.05.2022  in respect of the same builder wherein deduction of 15% in terms of allotment letter  has been allowed. Arguments heard. Order reserved. Matter to come up  on 27.01.2023 for pronouncement of order.

On the last date of hearing i.e. 29.08.2022,  the counsel for the respondent was directed to submit written submissions within 7 days and the case was fixed for 04.10.2022 for pronouncement of order. Ever since then the case has been adjourned for orders. The respondent has not submitted written arguments till date and proceedings can not be held up endlessly for the same. Matter to come up on 12.01.2023 for pronouncement of orders.

Coram is not complete, so the matter is adjourned to 09.12.2022 for the purpose as already fixed.

Order is not ready.  Matter to come up on 03.11.2022 for pronouncement of order.

Arguments heard. The counsel for the respondent is directed to submit written submissions within 7 days. Matter to come up on 04.10.2022 for pronouncement of order.

An e-mail dated 23.07.2022 has been received from the  counsel of BPTP Shri Venket Rao Advocate vide which it is stated that he has to urgently travel  out of station for two days due to certain personal reasons. Further as the case has points of law to be argued, therefore, in the  interest of justice, a short adjournment has been sought on behalf of the advocate for respondent.              Keeping in view the request made by Shri Venket Rao Advocate,  the case is adjourned to 29.08.2022 for further proceedings.

The District Bar Association Gurugram vide resolution No.323 dated 27.05.2022 has informed that Punjab & Haryana High Court, Chandigarh vide Notification No.117 dated 09.05.2022 declared that summer vacation will be observed from 01.06.2022 to 30.6.2022 and requested not to list the cases between 01.06.2022 to 30.06.2022. In view of the above, the case is adjourned to 25.07.2022 for the purpose as already fixed.

In view  of judgment dated 11.11.2021 in title- M/s Newtech Promoters and Developers Pvt Ltd. Vs State of UP & Ors. Etc. passed by the  Apex Court, this forum has no jurisdiction to adjudicate the complaint in hands.                              File be transferred to the Authority. Next date will be notified later on by the Authority. Reader is directed to send the file immediately.

Pleadings are complete. 2.                       To come on 07.02.2022 for arguments.

Due to increase in the Covid-19 cases in and around the area of the Authority and lockdown in the State, the case is not being taken up for hearing. Hence, as per directions of the Hon’ble Authority, it is being adjourned to 01.09.2021 for the proceedings already fixed. 2.       Both the parties be informed accordingly through e-mail.

Both the parties put in appearance through their respective counsel. 2.        Pleadings are already complete. So for arguments, the matter be put up on 21.05.2021.

THE MATTER IS ADJOURNED TO 10.03.2021

Both the parties put in appearance through their respective counsel. 2.  Pleadings are complete. Written submissions, if any, be also filed. 3.  List for arguments on 11.11.2020.

DUE TO PREVAILING COVID-19 PANDEMIC, THE MATTER IS ADJOURNED TO 14.10.2020

DUE TO LOCKDOWN,THE MATTER IS ADJOURNED TO 24.08.2020

Due to Lock down, the matter is adjourned to 27.05.2020

The Case file received on transfer from the learned Authority. 2.        This case related to refund of amount alongwith interest, compensation and other charges. 3.       There is a move for settlement between the parties. So a date is requested and which is granted. 4.        Let the matter be put up for that purpose on 08.04.2020.

THE MATTER COULD NOT BE TAKEN UP TODAY AS THE AUTHORITY IS BUSY IN THE CONFERENCE 13TH EDITION ANNUAL REAL ESTATE SUMMIT 2020- USHERING THE INDIAN REAL ESTATE TO GROWTH TRAJECTORY BEING HELD AT FICCI NEW DELHI TO BE PRESIDED OVER BY A UNION CABINET MINISTER. MATTER IS ADJOURNED TO 13.03.2020 FOR FURTHER PROCEEDINGS.

The Haryana Real Estate Regulation and Development Rules 2017 as amended by the Haryana Real Estate Regulation and Development Rules 2019and notified videNo.Misc-8621832019ITCP dated 12.09.2019 the complaint to the Authority and claim for relief directions orders and penalty proceedings under Section 31 read Sections 3536 37 section 38is to be filed in the form CRA. Accordingly notice for hearing in the complaint was sent tothe complainant alongwith directions to file complaint in the prescribed format CRA as provided in Rule 2019.During the course of hearing it is observed that in view of the amendment in Rule 28 of the Haryana Real Estate Regulation Development Amendment Rules 2019. The complaint has to be filed in form CRA however the same has not been filed despite service of notice. Let the complaint in form CRA be filed within 7 days with an advance copy to the respondent through speed post and e-mail and proof of service be also filed.The respondent on receipt of copy of the complaint in form CRA shall file reply within 7 days with a copy to the complainant through speed post and e-mail with proof of service alongwith copy of layout plan sanction letter duly sanctioned by the competent authority and status of the project. The information as asked for in the proforma format attached with the notice of hearing shall also be filed by the respondent while submitting reply to the Registry.In case compliance is not made by either of the parties as stated above necessary legal consequences including dismissal of complaint striking off defence will follow.The matter is adjourned to 24.01.2020 for further proceedings.

THE CASE IS ADJOURNED TO 19.11.2019

THE CASE IS ADJOURNED TO 17.09.2019

THE CASE IS ADJOURNED TO 07.08.2019

THE CASE IS ADJOURNED TO 14.05.2019