| 13-Aug-2024 |
PENDING |
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| 16-May-2024 |
PENDING |
The present
complaint has been received on 07.03.2022 and the respondent filed the reply on
14.03.2023.
On last date of hearing,
the respondent was directed to file the status of
construction as well as applying/obtaining of Fire NOC and occupation
certificate made to the competent authority.
The counsel for the
respondent states that building has been
completed and OC has already been
applied on 14.09.2023 and approval of the competent authority granting is yet
to be received.
The counsel for the
complainant alongwith complainant present in person states that the OC of the project is not yet
received and as per agreed payment plan the outstanding amount can be demanded
only on offer of possession after obtaining OC and hence till valid offer of
possession, no cancellation be made.
The counsel for the
respondent assures that no unit shall be cancelled till a valid offer of
possession is made after obtaining of OC and the respondent to also file the
status of OC and completion of remaining services.
Matter to come up
before full bench on 13.8.2024 for final arguments and orders and no further adjournment
shall be allowed. |
VIJAY KUMAR GOYAL |
View Order |
27-May-2024 |
| 22-Feb-2024 |
PENDING |
The present complaint has been received on 07.03.2022 and the respondent
filed the reply on 14.03.2023.
The counsel for the
respondent states that OC has already been applied on 14.9.2023 and approval of
the competent authority granting OC is expected by second week of March, 2024
and immediately thereafter, the possession of the unit will be handed over.
The counsel for the
complainant states that in case
respondent fails to obtain the OC of the project, the case be decided on merit.
Matter to come up
on 16.5.2024 for further proceedings. |
VIJAY KUMAR GOYAL |
View Order |
29-Feb-2024 |
| 23-Nov-2023 |
PENDING |
The present complaint has been received on 07.03.2022 and the respondent
filed the reply on 14.03.2023. On the last date of hearing i.e., 24.08.2023,
the counsel for the complainant raised an
objection that despite lapse of more than 6 months, the respondent is not
adhering to the resolution plan and no progress of work at site and project is
not likely to be completed as per resolution plan and hence requests for initiating
proceedings under section 7 and 8 of the Act, 2016 against the respondent for withdrawal
of the registration. The respondent was directed to file the status of
construction as well as applying/obtaining of Fire NOC and occupation
certificate made to the competent authority.
The counsel for the
respondent is filing the status of the construction of the project during
proceedings intimating that the building has been completed and that
application for grant of OC has been made to the DTCP on 5.9.2023 and a meeting
with allottee is scheduled at site to update status of the project.
The counsel for the complainant stats that last
date for completion of the unit as per resolution is 31.12.2023 but there is no substantial progress at site and
no work to provide the amenities
including electric connection is
being made by the respondent and is not likely to become operational/habitable
by the above due date and hence requests for grant of relief of DPC and
possession due to inordinate delay in completion of the project.
One
last opportunity is being granted to the
respondent to complete the project within above committed date given in resolution plan and to make offer of possession after
obtaining OC from the competent authority thereafter no further adjournment
shall be allowed and the case shall be decided on merits.
In view of the
above, matter to come up on 22.2.2024 and the promoter is advised to keep
updated the allottees and signatory of the above resolution plan regarding
status of the construction/completion and grant of the OC by the competent
authority.
Matter to come up on
22.2.2024 for further proceedings. |
VIJAY KUMAR GOYAL |
View Order |
05-Dec-2023 |
| 24-Aug-2023 |
PENDING |
The present complaint has been received on
07.03.2022 and the respondent filed the reply on 14.03.2023. Despite given multiple opportunities for filing
reply and written submission in the registry of the authority the respondent failed to comply with the orders of the
authority.
On the last date of hearing i.e., 02.03.2023, the Director present on
behalf of the respondent states that the complainant allottees have signed a
resolution plan through its RWA and in pursuance of the same, the work has been
commenced at site and is hope full of its completion in all respect by
31.12.2023. Further, a copy of the said resolution plan was also filed before
the authority wherein ALM company, IFL Home Finance and another company for PMC
has also been engaged along with RWA.
However, the counsel for the complainant alleges
that despite lapse of more than 6
months, the respondent is not adhering to the resolution plan and no progress
of work at site and project is not likely to be completed as per resolution
plan and hence requests for
initiating proceedings under
section 7 and 8 of the Act , 2016 against the respondent for withdrawal of the registration. The
registration branch is directed to put up the matter on file for initiating
further necessary action in terms of the above sections of the Act.
The counsel for the respondent states that
the construction work is in progress and application for grant of Fire NOC as
well as occupation certificate has been made to the concerned authority and
shall be filing the details and status in the registry as well to the counsel
for the complainant. He further states that as per clause 4 of the resolution
plan, all the cases with RERA shall be on stay till the time OC is obtained by
the developer or before 31.12.2023 which ever is earlier and further as per clause
6 of the Resolution plan the complainant allottee has already waived off the
delayed possession charges till 31.12.2023.
The respondent is directed to file the status of construction as well as
applying/obtaining of Fire NOC and
occupation certificate made to the competent authority.
Matter to come up on 23.11.2023 for further
proceedings. |
VIJAY KUMAR GOYAL |
View Order |
01-Sep-2023 |
| 02-Mar-2023 |
PENDING |
The present complaint was filed on 07.03.2022. On 02.08.2022, the
respondent put in appearance through its counsel and sought short adjournment
for filing of reply in the registry. The said request of the respondent was
allowed with specific direction to file the reply along with status of
construction work, schedule of completion, date of applying OC and photographs
on the site, within two weeks i.e. by 16.08.2022 subject to cost of Rs.5,000/-
to be paid to the complainant.
Previous cost of
Rs.5000/- has been paid by the respondent to the counsel of the complainant
during the proceedings and copy of reply has also been supplied to the
complainant. The respondent seeks a short adjournment for filing reply in the
registry of authority within 3 days.
Further, The director present on behalf of the
respondent states that the complainant allottees have signed a resolution plan through its RWA and
in pursuance of the same, the work has been commenced at site and is hope full
of its completion in all respect by 31.12.2023. Further, a copy of the said resolution plan is also filed before the authority wherein
ALM company, IFL Home Finance and another company for PMC has also been engaged
alongwith RWA. The reply shall be
filed in the registry today. Further the
counsel for the complainant is filing rejoinder a copy of which has been
supplied during the proceedings and will instructions from the complainant
allottee pertaining to the above resolution plan.
Matter to come up on 24.08.2023 for further proceedings. |
VIJAY KUMAR GOYAL |
View Order |
09-Mar-2023 |
| 03-Nov-2022 |
PENDING |
Coram is not
complete, so the matter is adjourned to 02.03.2023 for the purpose as already
fixed. |
K K KHANDELWAL VIJAY KUMAR GOYAL ASHOK SANGWAN SANJEEV KUMAR ARORA |
View Order |
03-Nov-2022 |
| 02-Aug-2022 |
PENDING |
The present complaint was filed on 07.03.2022
and registered as complaint No. 606 of 2022. On the last date of
hearing, Shri Mayank Advocate, counsel for the respondent
appeared and was directed to file the reply by 04.05.2022. Despite proper
service of notice, no written reply has yet been filed.
Respondent is directed to file the reply
within two weeks i.e. by 16.08.2022 in the registry with a copy to the complainant
subject to cost of Rs.5,000/- to be paid to the complainant. In case the
reply is not filed within the time allowed, the defence of the respondent may
struck off.
The respondent is also directed
to file detail status of the construction work being undertaken and the
schedule date/completion as well as date for applying OC alongwith site
photographs duly signed by the respondent.
Matter to come up on 03.11.2022 for further proceedings. |
K K KHANDELWAL VIJAY KUMAR GOYAL |
View Order |
17-Aug-2022 |
| 19-Apr-2022 |
FIRST HEARING |
The present complaint was filed on 07.03.2022
and registered as complaint no. 606 of 2022. As per the registry,
complainant has sent copy of complaint along with annexures through speed post
and email. The same is shown as “Delivered” on 28.02.2022 & 24.02.2022 respectively. The
tracking reports of the same has been submitted by the complainant on the page no. 57-61 of the complaint. The registry of
the authority sent a notice with a copy of the complaint along with annexures
through speed post and the same is also delivered
on 25.03.2022. Registry has also sent the notice along with a copy of
the complaint through email at following email addresses:
ild@ild.co.in, nskumaratco@gmail.com, advrishikapoor@gmail.com
The same is shown to have been delivered on 23.03.2022, on
the above email addresses as per the report available in the file.
Written
reply has not been filed so far by the respondent. The counsel for the
respondent requests for a short adjournment for filing of the reply. Respondent
is directed to file reply within two weeks i.e. by 04.05.2022
in the registry with a copy to the complainant.
He is also directed to submit the status of the project alongwith reply.
In case reply is not filed within the time allowed, the defence of the
respondent may struck off.
Matter to come up on 02.08.2022
for further proceedings. |
K K KHANDELWAL VIJAY KUMAR GOYAL |
View Order |
20-Apr-2022 |