FEDERATION OF RESIDENTS’ WELFARE ASSOCIATION

V-3/11 DLF Phase- III Gurugram-122001|Phone: 0124-4014318; 0124-4990107

 

11.08.2021

 

Dear Members,

 

The Hon’ble H-REAT court in the recent case of-

Ocus Skyscrapers Realty Limited

Versus

Shri Bhagat Singh Negi & Anr.

Held that there is also no material on record to show that the learned Authority had issued any notice to the parties for the next date of hearing i.e. 19.11.2020. So, there was no basis for initiation of the ex-parte proceedings against the appellant. It is an admitted case that reply of the appellant to the amended complaint was not obtained and the impugned ex parte order dated 19.11.2020 was passed without any reply to the amended complaint from the side of the appellant/promoter. It is further an admitted fact that in the amended complaint the reliefs sought by the respondents/allottees have been entirely changed. In the initial complaint there was relief for refund of the amount but in the amended complaint this relief was deleted and totally different reliefs were sought. Due to such a substitution of the claims in the amended complaint, the interest of justice required that adequate opportunity to contest the amended complaint should have been granted to the appellant/promoter. But, instead of giving sufficient opportunity to the appellant to put forward its case to the amended claims, the impugned order has been passed at the back of the appellant. Thus, the procedure adopted by the learned Authority is unwarranted and violative of the principles of natural justice. The appellant has been deprived of the due opportunity of being heard. So, the impugned order passed by the learned Authority, due to the aforesaid legal infirmities, cannot be sustained in the eyes of law.

 

All the best,

God bless u all

President,

Federation of Residents Welfare Association

V 3/11 DLF PHASE III

GURUGRAM-122002

HARYANA,

0124 4-14318,0124 4990107,08860332404.

PRESIDENT

FEDERATION OF RESIDENTS WELFARE ASSOCIATION