AI Structured Summary
Not yet generated for this judgment
Judgment
Sh. Parvin Goel along with Mrs. Leena Goel Co-Complainant appeared in person.
Adv. V.K. Ahuja, along with Sh. Sanjeev Kumar A.R., Sh. Rohit Koli A.R. appeared on behalf of the Respondents.
Adv. D.S. Mehandru along with Sh. Bhushan Kumar, Executive Engineer, Sh. Manoj Kumar A.E, Sh. Ashish Sharma A.E., Sh. Yashpal Rana J.E. appeared for MCD.
Ld. Counsel for MCD stated that deficiencies noted at the time of inspection on 21.06.2022 were communicated to the Promoter through MCD portal and application was rejected. The Promoter/Applicant was informed of rejection vide letter dated 04.08.2022.
MCD submitted a copy of letter rejecting the application of the Promoter dated 04.08.2022 in form D 2. The letter along with inspection report is taken on record.
The Complainant and Promoter requested for providing copies of these documents. We direct office to provide copies of these documents today itself.
Ld. Counsel for MCD informed that there is no bar on the Promoter for applying afresh for issue of Occupancy and Completion Certificate on payment of required fee. The Promoter may like to apply to MCD once again for obtaining necessary Occupancy and Completion Certificate.
It was made clear to all concerned that the project would not be considered complete unless Occupancy and Completion Certificate is issued by the Competent Authority as per RE(RD) Act, 2016.
On request of Ld. Counsel for Respondents it is clarified that the Authority’s last order that the demand letter sent by the Respondents asking the Complainant to make balance payment failing which allotment shall be cancelled, “be kept under abeyance till disposal of the case”, means that no coercive action be taken by the Promoter against the Complainant till the disposal of the case on the basis of this letter.
The Complainant requested for some more time to file additional submissions on the documents provided by the Respondents as per Authority’s last order.
Request allowed. Complainant may file additional written submission by 10.12.2022 with copy to the Respondents.
Case is posted for further hearing on 20.12.2022 at 2:30 pm.