MANJU SHARMA vs MS IMPERIA WISHFIELD PVT LTD

The counsel for the complainant states that the complainant had booked a unit/studio apartment in July 2012 and  allotment was made  on 16.09.2013 and the due date of possession was 16.09.2016 and the complainant has paid a sum of Rs.11,08,649/- against a total sale consideration of Rs.46,14,551/-. The OC of the project has not been received so far. Hence, seeking refund. The counsel for the respondent states that  undoubtedly there is a delay in handing over the possession of the unit and OC has still not been obtained. Arguments heard. Full refund is allowed at the prescribed rate of interest i.e. 10.70% per annum from the date of deposit of the amount till its realization. Matter stands disposed off. Detailed order will follow.  File be consigned to the registry.

Proceedings were adjourned due to administrative reasons.  Therefore,  no hearings. Adjourned to 09.05.2023 for the purpose as already fixed.

The present complaint was filed on 15.03.2022 and registered as complaint no. 1176 of 2022. As per the registry, complainant has sent copy of complaint through speed post as well as through email and proof regarding having the delivery of the complaint made to the respondent was submitted by the complainant as available in the file. The registry of the authority also sent a notice along with a copy of the complaint through speed post of which delivery confirmed on 07.04.2022 as per the tracking report of the speed post available in the file. The registry has also sent the notice along with a copy of the complaint through email at the following email addresses [email protected] [email protected] [email protected] and the same was delivered. It is thus a proper service of the notice. However, no reply has been received on behalf of the respondent till date. The counsel for the respondent requests for a short adjournment for filing of the reply. The respondent is directed to file reply within two weeks i.e., by 28.09.2022 in the registry with a copy to the complainant alongwith cost of Rs.5,000/- to be paid to the complainant. Last opportunity is being granted. In case reply is not filed within the time allowed, the defense of the respondent may be struck off.                       Matter to come up on 20.12.2022  for further proceedings.