AMBIENCE ISLAND APARTMENT OWNERS Vs. RAJ SINGH GEHLOT

JUDGEMENT

(1.) Heard Mr. Mahesh Kumar, Advocate, for the applicants/ the heirs of the complainants flat owners and Mr. P.K. Agrawal, Advocate, for the opposite parties, the builders.

(2.) Ms. Prairna Dhar has filed MA/181/2022, for correction of the order dtd. 20/7/2020 passed in IA/6780/2016 and recording her name in place Hitesh Jain (complainant-24) and directing the opposite parties to pay the compensation and cost as awarded in original complaint by order dtd. 19/3/2014 to her. Ms. Prairna Dhar stated that Mrs. Shanta Munshi booked Flat No.102, block-H, in the project 'Lagoon' at village Nathupur, NH-8, Gurgaon, constructed by opposite parties-1 to 3 and paid consideration. OP-1 to 3 executed sale deed of the Flat No.102, in her favour on 16/4/2004. OP/93/2004 was filed by her but as at that time Hitesh Jain was tenant in Flat No.102, his name was cited as complainant-24. Mrs. Shanta Munshi executed a registered will dtd. 27/9/2007, in favour of Ms. Prairna Dhar (the applicant) in respect of Flat No.102. Mrs. Shanta Munshi died on 27/11/2008. On the basis of her registered will dtd. 27/9/2007, OP-1 to 3 endorsed the name of Ms. Prairna Dhar as the owner of Flat No.102 on 14/3/2009, in their record and she is paying maintenance charges of Flat No.102. As such, she was entitled to the benefit of the decree dtd. 19/3/2014 passed in OP/93/2004. Ms. Prairna Dhar filed IA/6780/2016, for substituting her name as an heir of Mrs. Shanta Munshi, which was allowed on 20/7/2020 but as the name of Hitesh Jain was mentioned as complainant-24, the OPs are not giving benefit of the decree to her.

(3.) Ms. Karishma Panchal filed MA/122/2022, for substituting herself as an heir of Mr. A.C. Gupta (complainant-18), who was owner of Flat No.H-601, in the project 'Lagoon'. She stated that Mr. A.C. Gupta (complainant-18) had died on 11/4/2006, leaving behind him his widow Smt. Indu Gupta, the son Mr. Deepak Gupta and the daughters Mrs. Poonam Kothari and Mrs. Kavita Mahtani. Mr. Deepak Gupta was declared as the sole owner of the Apartment No. H-601, in the project 'Lagoon' allotted to Mr. A.C. Gupta in Civil Suit No. 186 of 2014, by order dtd. 30/1/2015. Mr. Deepak Gupta filed IA/6780/2016, for substituting his name as an heir of Mr. A.C. Gupta, which was allowed by the order dtd. 20/7/2020. Mr. Deepak Gupta was diagnosed with 3rd stage cancer as such he transferred Flat No.H-601, in the project 'Lagoon' in favour of his daughter Ms. Karishma Panchal through deed dtd. 29/1/2001. As such her name is liable to be substituted in place of Mr. Deepak Gupta and the OPs be directed to pay the compensation and cost as awarded by order dtd. 19/3/2014 in OP/93/2004 to her. MA/122/2022 was allowed vide order dtd. 2/5/2023. The OPs have filed MA/205/2023 for recalling the order dtd. 2/5/2023.