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Judgment
Adv. Rajat Bhatia appeared on behalf of the Complainants along with Sh. Harpreet Singh.
Ld. Counsel for the Complainants is directed to file his original Vakalatnama and original Authorization in favour of Sh. Harpreet Singh.
Adv. Prakash Chandra appeared on behalf of the Respondents.
Ld. Counsel for the Respondents is directed to file Memo of appearance today itself.
Ld. Counsel for Respondents submitted that he has not received copy of the complaint and other documents.
Ld. Counsel for the Complainants has supplied copy of the complaint and other documents to the Ld. Counsel for the Respondents today during the course of the hearing.
Ld. Counsel for the Respondents is seeking two weeks time to file reply.
Ld. Counsel for the Complainants, on the other hand, has pleaded urgency in the matter because the Respondents have cancelled the allotment without any justification/reasons.
He further submitted that the Respondents had cancelled the allotment on the ground that the Complainants have not made the payments and have failed to clear the outstanding dues despite the demand letter dated 17.02.2023.
The Complainants stated that they have not received the demand letters either through post or through e-mail.
Ld. Counsel for the Complainants further submitted that the Complainants had paid about 65,00,000/- to the Respondents, out of which the Respondents have after cancellation refunded only Rs. 10,29,000/- through a Bank Draft without explaining the reasons for forfeiting remaining amount by the Respondents.
The Ld. Counsel for the Complainants stated that the Complainants are willing to make all the payments which are outstanding against their account and requested that matter may be taken up for early hearing.
In view of the above facts, Respondents may file reply by 15.02.2024 with copy served on the Complainants.
Complainants may file a rejoinder, if any, by 25.02.2024 with copy served on the Respondents.
The Ld. Counsel for Complainants further informed that the pay order issued by the Respondents will expire by 08.02.2024 and submitted that the Complainants are not interested in refund of their amount but are interested in the restoration of the allotment and possession of the flat thereafter.
It is hereby ordered that so far as the demand draft is concerned the Respondents shall revalidate the same subject to the outcome of this complaint if needed.
Respondents are further directed not to create any third-party interest qua the flat OMB2505 which was booked by the Complainants in the project.
Matter be listed on 06.03.2024 at 11:30 am.