GAUTAM NAIR vs SPAZE TOWERS PVT LTD

Both the counsels for the parties state that the matter has been amicably settled between the parties and a settlement deed dated 29.09.2023 has been executed between the parties and has been submitted during the course of hearing which may be placed on record. The case is disposed of in terms of settlement deed. File be consigned to the registry.

The present complaint was filed on 30.12.2022 and registered as complaint No. 7899 of 2022. As per the registry, complainant has sent copy of complaint along with annexures through speed post as well as through email and proof regarding having the delivery of the complaint along with annexures made to the respondents have been submitted by the complainant as available in the file.  The registry of the authority sent a notice with a copy of the complaint along with annexures through speed post of which and the same was delivered as per the tracking report of the speed post available in the file.  Registry has also sent the notice along with a copy of the complaint through email at following email address: [email protected], [email protected], [email protected], and [email protected]   and the same are shown to have been delivered on the above email address as per the report available in the file.     No written reply has been filed by the respondents till date. The proxy counsel for the respondent requests for a short adjournment for filing of reply.  The respondents are directed to file reply within three weeks with an advance copy to the complainant subject to payment of Rs.5,000/- as costs to be paid to the complainant.  In case the reply is not filed within the time allowed, additional cost of Rs.10,000/- shall be imposed upon the respondent. The counsel for the complainant states that an application for interim relief was also filed with the main complaint on the ground that the respondents had approached the DTCP for migrating the licence from commercial colony to commercial plotted colony and have got a RERA registration dated 21.02.2022  in the name of Grand Central 114 in the name of Candeo Projects Pvt. Ltd. (R2) and the complainant  is apprehensive that  third party rights are being created on the unit allotted to him. The proxy counsel for the respondent  is unaware of the facts  and seeks time to file the reply. In view of the above, it is directed that no third party rights shall be created on the unit allotted to the complainant till the next date of hearing.  Matter to come up on 10.10.2023 for further proceedings.