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    Rectification of Order

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    Rectification of Order

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    7 views7 pages

    Rectification of Order

    Uploaded by

    legaloids

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    © All Rights Reserved
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    of 7

    BEFORE THE REAL ESTATE REGULATORY AUTHORITY, UTTAR

    PRADESH REGIONAL OFFICE, GAUTAMBUDH NAGAR, COURT NO.1,

    In RE:

    Complaint No. 12201827501

    IN THE MATTER OF:


    Karan Kumar Mahajan
    Vs.
    Yamuna Expressway Industrial Development Authority
    APPLICATION U/Sc. 39 OF THE REAL ESTATE (REGULATION AND
    DEVELOPMENT) ACT, 2016, FOR RECTIFICATION OF ORDER DATED
    27.09.2022 PASSES IN COMPLAINT NO. 12201827501 (ORDER UNDER
    SEC. 38/40/63)

    MOST RESPECTFULLY SUBMITTED:

    1. That, in year 2009, the Yamuna Expressway Industrial Development

    Authority (hereinafter referred as ‘Development Authority’),

    advertised a residential plot scheme for the sale of residential plot.

    2. That the applicant applied for the residential plot in the scheme.

    3. That the Development Authority issued an allotment letter dated

    20.10.2009 in favour of the applicant, wherein allotted Plot No. 234 in

    Pocket-C of Sector-20.

    4. That the applicant by 22.01.2010 made full and final payment to the

    Development Authority towards the sale consideration.


    5. That thereafter the Development Authority also executed an

    agreement to lease in favour of the applicant which was registered in

    the office of sub-registrar on 08.04.2010.

    6. That as per the allotment letter the possession was to be handed over

    after the deposition of the 75 % of the total premium amount or after

    04 years from the date of issuance of allotment letter, whichever is

    later. As the applicant had deposited the full amount towards sale

    consideration by 22.01.2010, therefore as per allotment letter the

    possession was to be handed over by 20.10.2013 (i.e. four years from

    the date of allotment letter).

    7. That in between the additional amount of Rs.13,30,000/- was also

    demanded by the Development Authority, styled as farmer

    compensation. The said amount was also deposited by the applicant in

    Year 2017 itself.

    8. That further a demand of Rs.2,37,500/- was made towards the

    preferential location charges. The same was also deposited by the

    applicant.

    9. That, as the Development Authority, even thereafter failed to hand over

    the possession of the plot in question, the applicant was compelled to

    file a complaint U/Sc. 31 of the RERA Act, 2016. At this juncture it is

    apt to mention that the prayer made in the complaint was that the
    Development Authority be directed to handover the physical

    possession of the plot in question and a compensation towards the

    delay @ 12 % per annum, from the date of allotment letter, which was

    numbered as Complaint No.12201827501. A true copy of screenshot of

    the complaint uploaded on the website is annexed herewith as

    ANNEXURE No.1

    10. That the Hon’ble RERA after hearing both the parties vide its order

    dated 25.07.2019, directed the Development Authority to handover

    the possession of the plot in question within 45 days and awarded the

    delay interest @ 6 % from 21.10.2013 to 30.04.2016 and from

    01.05.2016 till the date of handing over of the possession @ MCLR +1.

    A true copy of order dated 25.07.2019 passed by the Hon’ble RERA

    and letter to Joint Secretary UPRERA dated 17th September 2020 is

    marked and annexed herewith as ANNEXURE No.2

    11. That the Hon’ble RERA, apart from the afore-said direction also issued

    a direction that if the applicant does not wish to take the possession of

    the plot in question, in that case the amount be refunded to the

    applicant along with interest @ MCLR +1.

    12. That at this juncture it is submitted that the applicant never made any

    request to the Development Authority for the refund of the amount


    deposited, rather on every occasion a request was made to handover

    the possession of the plot in question.

    13. That it is also submitted that during the pendency of the complaint, the

    Development Authority have also executed a lease deed in favour of

    the applicant, which has been registered in the office of sub-registrar

    on 18.04.2019. A true copy of lease deed is annexed herewith as

    ANNEXURE No.

    14. That as the Development Authority failed to comply with the order of

    the Hon’ble RERA, in regard to handing over of the possession of the

    plot in question within a period of 45 days, therefore the applicant

    moved an application U/Sc. 63 of the RERA Act, 2016 for the execution

    of the order dated 25.07.2019.

    15. That it is submitted that during the execution proceedings also no

    prayer was made for the refund of the amount deposited.

    16. That the Hon’ble RERA vide its order dated 27.09.2022 decided the

    execution proceedings and directed that if the Development Authority

    fails to upload the information in regard to possession of the plot in

    question by 30.11.2022 on the complaint page, in that case the

    Secretary, RERA, after 30.11.2022 shall issue a recovery citation as per

    Clause 2 of the order dated 25.07.2019 i.e. a recovery citation for the
    entire deposited amount along with interest. A true copy of order

    dated 27.09.2022 is marked and annexed herewith as ANNEXURE No.

    17. That it is submitted herein that the applicant had never prayed before

    the Hon’ble RERA for the refund of the deposited amount, rather a

    prayer was made for the directing the Development Authority to hand

    over the possession along with delay interest.

    18. That operative portion of Clause 2 of the order dated 25.07.2019 also

    had a mention that if the applicant wishes for the refund of the

    deposited amount. Meaning thereby that direction for issuance of

    recovery certificate for the entire deposited could have been issued

    only after a prayer was made by the applicant. However, in case in

    hand the no such prayer for the refund of the deposited amount has

    been made.

    19. That it appears that the Hon’ble RERA has committed a mistake, which

    is apparent on the face of record, by issuing a direction for issuance of

    recovery certificate for the entire deposited amount.

    20. That in pursuance to the direction issued by the Hon’ble RERA vide its

    order dated 27.09.2022, a recovery citation dated 04.05.2023, has

    been issued by the Secretary, RERA, addressed to the District

    Magistrate, Gautam Bhudh Nagar, for an amount of Rs.

    1,28,13,515.40/, which also includes an amount of Rs. 60,29,630/- i.e.


    the deposited amount towards the sale consideration of the plot in

    question. A true copy of recovery citation is annexed herewith as

    ANNEXURE No.

    21. That in view of the facts it is submitted that the order dated

    27.09.2022, may be rectified to the extent that no direction may be

    issued for the recovery of the deposited amount towards the sale

    consideration, as the applicant had never prayed for the refund rather

    only prayed for the possession.

    22. That it is also submitted that order dated 27.09.2022 passed in

    execution proceedings is also in complete contrast to order dated

    25.07.2019 passed in Complaint filed by the applicant.

    23. That the error in the order dated 27.09.2022 is apparent on the face of

    record as the order dated 27.09.2022 exceed the direction issued in

    the order dated 25.07.2019 passed in complaint of the applicant.

    24. That it is also prayed that in the meantime a direction be issued to the

    Secretary, RERA, for staying the recovery proceedings in pursuance to

    recovery citation dated 04.05.2023, to the extent of Rs. 60,29,630/-.

    PRAYER

    a. Rectify the order dated 27.09.2022 passed in Complaint No.

    12201827501 (Order Under Sec. 38/40/63), to the extent it directs


    the Secretary RERA to issue a recovery citation in regard to interest

    penalty only not the deposited amount.

    b. Issue a fresh direction to the Secretary, RERA, for issuance of

    recovery citation as directed in Clause -1 of the order dated

    25.07.2019 passed in Complaint No. 12201827501;

    c. Any other order or direction which the Hon’ble RERA may be deem

    fit and proper in the facts and circumstances of the present case.

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