Last Updated on October 13, 2018 by Legalseva.net
HARYANA RERA PANCHKULA POPULAR JUDGMENTS
RERA Act, 2016 comes with a 60 day time period for the disposal of complaints but in reality it is extreme difficult to get both parties on the same page.
Even though RERA Haryana Authority at Panchkula is doing a recommendable job by disposing complaints as earliest possible.
Remember heavy costs are imposed for even a single adjournment. So definitely decisions are coming quickly of RERA Panchkula Authority. Let’s have a look at few of them:
Also Read- RERA FOR HARYANA
- IREO Fiveriver Pvt. Ltd.
In the light of the above case the court passed an order on 26th September 2018.
Issue: Possession of the property in question.
Brief facts: The respondent had an agreement with the complainants wherein he had promised to deliver a said property within a limited time frame amounting Rs. 1, 25, 58,000. And a sum of Rs. 80, 00,000 had already been paid. The rest was to be paid after the property gets delivered. The respondent demanded refund of the money deposited as well as harassment claims that have caused him damage during the non-delivery of the property.
Court’s order: The honourable court decided in favour of the complainant as the respondent had taken the defence of ‘force majeure’ the court concluded that the causes that had stopped the respondent to complete the project, were likely to not end in future as well. These causes were:
- Delay in grant of environment clearance
- Delay in grant of clearance by national board of wildlife.
But at the same time the respondent does not plans to complete the project as it has put forward its desire to convert it into a housing society under the Deen Dayal Awas Yojna. This would change the whole character of the project, which would meant that the project should stand as declined by the respondents.
Hence, the court ordered the respondents to pay the deposited amount back to the complainants along with interest rate provided in rule 15 of the Haryana real estate regulatory act.
Also Read- RERA IN PUNJAB
- BPTP Pvt. Ltd.
Date: 11.09.2018
12 different complaints were filed by the parties against the respondent. Here in the court took into consideration a prior case that has been decided, Madhu Sareen vs. BPTP Ltd. The final decision of this case applies to the following complaints as well.
Thus the said complaints were said to be dismissed.
Law: The question of law in this order is that when a case with similar issue, same cause of action is decided it is said to have been applied to one or more parties in question and a new filing of case for every party should not be done. The law finalised in the first case is the final law.
Also Read- HOW TO MAKE COMPLAINT UNDER RERA
- Triveni Infrastructure Development Company Limited
Date: 13.08.2018
Issue: Respondent has failed to discharge his obligations regarding the properties in which the complainants have invested their money in.
Court: The honourable court held that an official liquidator has been appointed and all the complaints in regards to this issue be sent to the official liquidator and the following complaints stood to be dismissed.
Law: section 359 of the companies act deals with the appointment of official liquidator who is solely a government employ.
Also Read- LEGAL NOTICE BEFORE CONSUMER COMPLAINT
- Lotus infra. Estates Pvt. Ltd.
Date: 13.08.2018
The parties were made to refer to the arbitration proceedings.
The said order has declared that the parties have arrived at an amicable settlement wherein they are bound by the settlement clauses and respondent will be paying a settled amount.
Law: The arbitration and conciliation act provides the exact rules which are to be followed by the parties in case of a settlement.
Also Read- BUILDER DELAYING POSSESSION. WHAT IS YOUR RIGHT?
- Intime Promoter Private Limited and Another.
Date: 21.08.2018
Issue: Failure of respondents to settle amicably and provide promised services.
The respondents did not sign and a buyer agreement even after repeated requests of the complainant. The complainant had a plot which was to be maintained and developed by the respondent who not do the work at the same time had had all the money deposited by the complainants.
This is the court’s final order in this regard because the respondents had even failed to comprehend to a settlement proceedings.
The court finally ruled in favour of the complainants that they should be returned their deposited amount with interest within 30 days.
Also Read- RERA OR CONSUMER FORUM?
- Gulmohar city
Date: 27.03.2018
The said order has concluded that the complainant has failed to appear before the court twice and at the same time did not file the complaint in the procedure required. The plaint has been dismissed the case and has allowed the complainants to file later when they seem fit.
Law: This order is said to be a dismissal in default of the plaint and is not considered a deemed decree.
Also Read- GET YOUR MONEY REFUNDED FOR DELAY IN POSSESSION
- Durga Builders Pvt. Ltd.
Date: 19th April 2018
The said order was dismissed as the subject matter in question was already filed in another case with various other applicants. The court therefore decided to dismiss a different suit in the same subject matter.
Also Read- GMADA DO NEED COMPLETION CERTIFICATE RULES STATE CONSUMER COMMISSION
- Eldeco Infrastructure and Properties Limited
Date: 10th July 2018
The parties came to a compromise.
The court decided to dismiss the case.
Also Read- POPULAR PUNJAB RERA JUDGMENTS
- ABW Infrastructure Limited.
Date: 23 July 2018
The court passed an order saying that since an official liquidator has been appointed the parties may approach the court in the matter of their case and not the court for further grievances.
Law: section 359 of the companies act deals with the appointment of official liquidator who is solely a government employ.
Also Read- RERA PUNJAB & PANCKULA HARYANA APPELLATE AUTHORITY
- Parsvnath Private Limited.
Date: 30 July 2018
The parties came to an amicable settlement so the court decided to dispose the suit.
Law: The arbitration and conciliation act provides the exact rules which are to be followed by the parties in case of a settlement.
Also Read- RERA FOR THE HOME BUYER
- Samar Estates Private Limited
Date: 13 August 2018
Both the parties had arrived at an amicable settlement. Where in the court has decided to dispose the matter in this regard.
Law: The arbitration and conciliation act provides the exact rules which are to be followed by the parties in case of a settlement.
Also Read- UNREGISTERED PROJECTS IN RERA PUNJAB AND HARYANA AT PANCHKULA
This post is written by – Anshu Sharma of Vivekananda Institute Of Professional Studies.
For more info on RERA Related matters in Panchkula RERA Authority or any sort of assistance, please dial 99888-17966 for quick help and say LegalSeva.
