ANIL KUMAR vs IMPERIA STRUCTURES LTD.
Party Details
- ANIL KUMAR
- IMPERIA STRUCTURES LTD.
Case Summary
ANIL KUMAR filed Case No. RERA-GRG-250-2021 in the Haryana Real Estate Regulatory Authority (RERA) against IMPERIA STRUCTURES LTD.. The case has undergone 9 hearings over 2 years and 4 months. The case was disposed of on 12 Jul 2023. 8 orders have been issued in this matter.
Hearing History (9)
- 12JUL 2023Hearing
Judge: ASHOK SANGWAN
Both the counsels for the parties state at bar that the matter has already been settled between the parties amicably and a settlement deed to this effect has been placed on the record duly signed by both the parties. In view of settlement deed, the matter stands disposed off. File be consigned to the registry.
Stage: DISPOSED
- 12APR 2023Hearing
Judge: ASHOK SANGWAN
Both the parties state at bar that the matter is under settlement and the case may be listed after 10.05.2023. Matter to come up on 12.07.2023 for further proceedings.
Stage: PENDING
- 13DEC 2022Hearing
Judge: VIJAY KUMAR GOYAL ASHOK SANGWAN SANJEEV KUMAR ARORA
The present complaint has been received on 27.01.2021. Reply on behalf of respondent has been received on 18.05.2022. Succinct facts of the case as per complaint and annexures are as under: S. N. Particulars Details 1. Name and location of the project “The Esfera” Phase II at sector 37-C, Gurgaon, Haryana 2. Nature of the project Group Housing Complex 3. Project area 17 acres 4. DTCP license no. 64 of 2011 dated 06.07.2011 valid upto 15.07.2017 5. Name of licensee M/s Phonix Datatech Services Pvt Ltd and 4 others 6. RERA Registered/ not registered Registered vide no. 352 of 2017 issued on 17.11.2017 up to 31.12.2020 7. Apartment no. 501, 5th Floor, Block H (page no. 32 of complaint) 8. Unit area admeasuring 1650 sq. ft. (page no. 32 of complaint) 9. Date of booking 17.09.2011 (page no. 19 of complaint) 10. Date of builder buyer agreement 21.02.2013 (page no. 30 of complaint) 11. Date of cancellation letter 04.10.2013 (page no. 06 of reply) 12. Possession clause 10.1. SCHEDULE FOR POSSESSION “The developer based on its present plans and estimates and subject to all just exceptions, contemplates to complete the construction of the said building/said apartment within a period of three and half years from the date of execution of this agreement unless there shall be delay or there shall be failure due to reasons mentioned in clause 11.1, 11.2, 11.3, and clause 41 or due to failure of allottee(s) to pay in time the price of the said unit along with other charges and dues in accordance with the schedule of payments given in annexure C or as per the demands raised by the developer from time to time or any failure on the part of the allottee to abide by all or any of the terms or conditions of this agreement.” (emphasis supplied) 13. Due date of possession 21.08.2016 [calculated as per possession clause] 14. Total sale consideration Rs. 69,66,500/- [as per the agreement on page no. 38 of complaint] 15. Amount paid by the complainant Rs. 21,14,263/- [as per receipts annexed on page no. 21-26 of complaint] 16. Occupation certificate Not received 17. Offer of possession Not offered The counsel for the respondent states that the complaint is time barred and is beyond the period of limitation as the unit was cancelled on 04.10.2013 due to non payment of instalments by the complainant-allottee and a refund cheque of Rs.10,33,508/- in favour of allottee was also offered after deduction of 15% earnest money alongwith taxes paid and brokerage etc. The respondent is still offering the refund of above amount to the complainant before next date of hearing. The counsel for the complainant is also open to mutual settlement and if the matter is amicably settled, shall withdraw the complaint. Matter to come up on 12.04.2023 for further proceedings.
Stage: PENDING
Orders (8)
- 12JUL 2023orderView Order ↗
Order No: N/A
- 12JUL 2023judgementView Order ↗
Order No: N/A
- 12APR 2023orderView Order ↗
Order No: N/A
Judgement DetailsView full order PDF ↗
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ANIL KUMAR Complainant Complainant in Person Represented through IMPERIA STRUCTURES LIMITED Respondent Shri Roopam Sharma ProxY counsel Respondent RePresented L2.04.2023 Last date ofhearing Naresh Kumari and HR Mehta Proceeding Recorded bY Proceedings Both the counsels for the parties state at bar that the matter has already been ffiil;il;;he parties amicably and a settlement.deed to this effect has Leen placed on the record duly signed by both the partles' Inviewofsettlementdeed,thematterStandsdisposedoff'Filebeconsigned to the registry. ber att:otO