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Judgment
Sh. Ashok Manchanda, Authorized Representative for the Complainant and Sh. Aditya Singh, Counsel for the Respondent present. Sh. Ashok Manchanda submits that the Respondent has not enclosed the copy of the Completion Certificate-cum-Occupancy Certificate along with intimation letter sent by the Respondent for taking over possession of the flat in the year 2017. He also submits that the common areas such as club, shopping complex, commercial complex and health center etc. has not been completed by the Respondent till date. The Respondent Counsel submits that the club building has already been completed long back but he is not aware of the date of completion.
On perusal of the email dated 08.07.2021 filed by the Respondent challenging the jurisdiction of this Authority, it is seen that the Respondent as per Annexure 'A' has submitted the copy of Completion-cum-Occupancy Certificate for Tower 15,16,17,18 & 19 and 3 level basements issued by the Competent Authority; whereas the Complainant stated that he had booked the flat in Tower-P so there is no link between the Completion-cum-Occupancy Certificate issued by the Competent Authority to the Respondent and of the Flat Buyer Agreement signed between the Complainant and the Respondent. Considering the above facts, following details along with copy of sanctioned building plans so as to clarify the correct position/ status of project are required to adjudicate the complaint ;
Whether the Competent Authority at the time of sanctioning of building plans has mentioned Tower No. 15,16,17,18&19 or Tower No. L, M,N,P&Q? ii) If in the sanctioned plans, the Tower No. 15,16,17,18&19 are mentioned then at what stage the allotees were informed that their flat is located in Tower No. 15 or 16 or 17 or 18 or in Tower No.19 in place of Tower No. L or M or N or P or in Tower No. Q as the case may be. iii) If it was not informed to the alotees well in time, the reasons for creating such confusion thereof. iv) The date of completion of various amenities as pointed out by the Complainant such as Club house, shopping complex and health centre etc.
Let above information/ documentation be submitted by the Respondent within a period of two weeks on Affidavit and not later than by 15.09.2021.
The Counsel for the Respondent further submits that he has not received complete copy of the complaint along with all annexures. The Complainant assures the he will share the copy of the complaint along with all annexures through e-mail to the Counsel for the Respondent during the course of day.
The Counsel for the Respondent seeks time to file the reply to the complaint also within a period of two weeks.
Request allowed.
The Counsel for Respondent may file the reply to the complaint by 20.09.2021. The Complainant may file the rejoinder within next 10 days thereafter by 30.09.2021.
List this case for further hearing on 12.10.2021 at 14.00 Hrs.