PANKAJ JAIN vs VATIKA LTD.

Case has been called out but no one has appeared on behalf of the complainant. The counsel for the respondent states at bar that the complainant has filed a complaint for the same relief in NCDRC  vide case No.167 of 2020 and the said case has been decided on 21.07.2022 and a copy of order passed by NCDRC is being submitted by the respondent in the authority  and further requests for dismissal of the present complaint. Request is allowed.  The present complaint is dismissed. File be consigned to the registry.

The present complaint has been received on 23.01.2019. On the last date of hearing Shri Venket Rao 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 i.e. by 05.09.2022 along with a cost of Rs. 5,000/- to be paid to the complainant. Reply has not yet been filed by the respondent. The counsel for the respondent again  requests for a short adjournment for filing of reply and payment of cost earlier imposed. Case has been called out but no  one has appeared on behalf of the complainant.  The counsel for the respondent is  directed to file reply in the registry of the authority within one week alongwith a further cost of Rs.5,000/- to be paid to the complainant. Matter to come up  on 10.02.2023  for further proceedings.

File has been received on transfer from Adjudicating Officer in view of the judgment dated 11.11.2021 passed by the Apex Court in the case M/s Newtech Promoters and Developers Pvt Ltd Versus State of U.P. and Ors., 2021-2022(1) RCR (C) 357 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. The complaint has been received on 23.01.2019. Shri Mayank Grover - Advocate  has  appeared on behalf of the respondent. However, no reply has been filed till date.  The counsel for the respondent requests for a short adjournment for filing of reply. The respondent is directed to file the reply within two weeks, i.e. by 05.09.2022 subject to payment of Rs.5,000/- as cost to be paid to the complainant.  Last opportunity is being granted. If the reply has not been filed within the time specified, defense of the respondent may be struck off.                               Matter to come up on  10.11.2022 for further proceedings.