JAGDISH CHANDRA AGARWAL vs OCUS SKYCRAPERS REALTY LTD

Hearing History (11)

• 8NOV 2023
  Hearing

  Judge: ASHOK SANGWAN

  The counsel for the respondent has stated at bar that the matter has been settled amicably between the parties and a Memorandum of Understanding dated 04.11.2023 to this effect has been placed on record which is duly signed by both the parties. In view of the above,  the matter stands disposed off in terms of MoU. File be consigned to the registry.

  Stage: DISPOSED

• 18OCT 2023
  Hearing

  Judge: ASHOK SANGWAN

  The complainant present in person as well as counsel for the respondent request for a short adjournment as settlement talks are going on between the parties and the matter is likely to be settled very shortly.  Request is allowed. Matter to come up on 08.11.2023 for filing of settlement deed failing which order will be pronounced on that date.

  Stage: PENDING

• 23AUG 2023
  Hearing

  Judge: ASHOK SANGWAN

  On the last date of hearing,  both the parties were directed to clarify  as to whether change of unit  was  endorsed on the BBA submitted by the respondent in both the copies i.e.  copy of the complainant as well as respondent  and the complaint was asked to present the original copy of the BBA. The respondent was also asked to show the consent of the complainant to change of unit. The counsel for the complainant states that the original BBA for the unit was obtained by the respondent from the complainant and they never returned the same.   So far as the acceptance of change of unit vide letter dated 05.08.2020 is concerned, the signatures appended thereon dated 15.12.2020  are not those of the complainant.       To come up on 18.10.2023 for pronouncement of order.

  Stage: PENDING

• 2AUG 2023
  Hearing

  Judge: VIJAY KUMAR GOYAL ASHOK SANGWAN SANJEEV KUMAR ARORA

  In view of the meeting  convened  by the Hon’ble Chairman,  Haryana Real Estate Appellate Tribunal on 02.08.2023 at Chandigarh, the case is adjourned.              The matter to come up on  23.08.2023 for further proceedings.

  Stage: PENDING

• 12JUL 2023
  Hearing

  Judge: ASHOK SANGWAN

  Order  could not be pronounced in view of certain clarification required.  The parties are directed to clarify as to whether the change of unit as endorsed on the BBA submitted by the respondent has been consented to by the complainant  and if so,  whether any consent was obtained within a week.  The complainant is also directed to produce the original BBA before the authority on the next date of hearing. Matter to come up on 02.08.2023 on the asking of   proxy counsel for the complainant, for consideration and order.

  Stage: PENDING

• 19APR 2023
  Hearing

  Judge: ASHOK SANGWAN

  The present complaint was received on 09.11.2021 and reply on behalf of respondent was filed on 09.05.2022. In the instant case, the complainant booked a unit in respondent’s project and was allotted a unit in the project.  A BBA was also executed between the parties on 05.05.2014 and according to the clause 11(a) of BBA, the due date of possession comes out to be 05.05.2019. The complainant has till now paid an amount of Rs. 56,91,401/-. The respondent has also obtained the occupation certificate on 17.07.2019 and has even offered possession of the unit on 18.07.2019. However, the unit of the complainant was changed unilaterly from what was agreed upon in the BBA (EF-34)  within one month from offer of possession to EF-26.  The complainant paid PLC charges for the original unit allotted and the subsequent unit was smaller in size. The complainant also states that the unit which was offered was incomplete and the offer of possession was invalid. Thus, the complainant wants to withdraw from the project which can also be ascertained by the fact that the instant complaint for refund was filed by him. The counsel for the respondent states that the complainant has not filed the complete BBA. In fact,  as per annexure-III (payment plan of the BBA) endorsement has been made for change of unit clearly stating old unit EF 34 with area of 464 sq. ft. to new unit EF 26 with area of 421 sq. ft.  He further states that all subsequent receipts for payment have also been endorsed accordingly. Due credit of the reduced area has also been given to the complainant. The OC of the unit was received on 17.07.2019 (Annexure R4) and offer of possession was made vide letter dated 18.07.2019 (Annexure R5). So far as the finishing of the unit is concerned,   the same is to be done  after possession is obtained by the allottee.   The complainant may be directed to obtain possession in terms of orders passed by the Hon’ble Supreme Court in M/s Ireo Grace Pvt. Ltd. versus Abhishek Khanna after paying the dues and no holding charges shall be imposed. Arguments heard. The respondent may file proof of having obtained water connection from GMDA in terms of condition No.18 of the occupation certificate dated 17.07.2019 within a period of 10 days. Order reserved. Matter to come up on 12.07.2023 for pronouncement of order.

  Stage: RESERVED

• 13DEC 2022
  Hearing

  Judge: VIJAY KUMAR GOYAL ASHOK SANGWAN SANJEEV KUMAR ARORA

  The proxy counsel for the respondent requests for a short adjournment as the main counsel is not available today. Request is allowed. Matter to come up on 19.04.2023 for further proceedings.

  Stage: PENDING

• 16SEP 2022
  Hearing

  Judge: K K KHANDELWAL VIJAY KUMAR GOYAL

  The Authority is busy to attend the meeting at Chandigarh, so the matter is adjourned to 13.12.2022 for the purpose as already fixed.

  Stage: PENDING

• 3JUN 2022
  Hearing

  Judge: K K KHANDELWAL VIJAY KUMAR GOYAL

  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 16.09.2022 for the purpose as already fixed.

  Stage: PENDING

• 4MAR 2022
  Hearing

  Judge: RAJINDER KUMAR

  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.

  Stage: PENDING

• 24DEC 2021
  Hearing

  Judge: RAJINDER KUMAR

  MATTER IS ADJOURNED TO 04.03.2022.

  Stage: FIRST HEARING

Orders (10)

• 8NOV 2023
  judgement

  Order No: N/A

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• 8NOV 2023
  order

  Order No: N/A

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• 18OCT 2023
  order

  Order No: N/A

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• 23AUG 2023
  order

  Order No: N/A

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• 2AUG 2023
  order

  Order No: N/A

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• 12JUL 2023
  order

  Order No: N/A

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• 13DEC 2022
  order

  Order No: N/A

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• 16SEP 2022
  order

  Order No: N/A

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• 3JUN 2022
  order

  Order No: N/A

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• 24DEC 2021
  order

  Order No: N/A

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Judgement DetailsView full order PDF ↗