ASHISH SHARMA vs VATIKA LTD

On the last date of hearing Shri Anurag Advocate, appeared on behalf of the respondent and sought short adjournment for filing of reply. The said request was allowed and the respondent was directed to file the reply within two weeks in the registry along with a cost of Rs. 10,000/- to be paid to the complainant.  However till date neither the reply has been filed nor the cost imposed during the last proceedings has been paid to the complainant.  Further, both the counsels state that the matter could not be amicably settled and hence the counsel for the complainant requests for hearing on merits. The counsel for the complainant further states that the unit was booked on 01.10.2012  and as per SOA at Annexure C4, the complainant allottee has made a payment of Rs.16,45,068/- till date and this payment as per SOA  is against a specific unit measuring 1610 sq. feet to be situated in the Seven Element (at page 33).  However,  no BBA was issued as there were discussion of change of the unit by the respondent but till date neither any alternative unit has been offered or BBA  has been executed and the allottee does not wish to continue  in the project and requests for refund of the amount deposited alongwith interest. The counsel for the respondent states that  he is filing the reply today and cost of Rs.10,000/- in cash has been paid to the counsel of the complainant during proceedings. But it is a matter of great regret that neither the counsel nor three number of representatives  present in person is clear as to on what basis cancellation has been made and also not clear why the deductions have been made when no BBA has been issued and allottee has been requesting for the same  since 2015.  No reply has been filed till date despite multiple opportunities and hence, right to file the reply is struck off. Both the counsels may submit written submissions within 10 days after supplying a copy to each other. Arguments heard. Order reserved. Detailed order will follow. Matter stands disposed off.  File be consigned to the registry.

The counsel for the complainant states that no settlement has been arrived at between the parties.  The matter may be decided on merits.              No reply has been filed by the respondent till date. The counsel for the respondent is directed to file reply within next 2 weeks with a cost of Rs.5,000/- to be paid to the complainant failing which the reply would be submitted with a cost of Rs.10,000/-.              Matter to come up on 14.03.2023 for further proceedings.

Both the counsels for the parties have stated at bar that the settlement talks are in progress between the parties and seek a short adjournment. Heard. Request is allowed. Matter to come  up on  07.02.2023   for filing settlement deed if matter is amicably settled failing which the matter shall be heard on merits.