Rectification of Order
Rectification of Order
Rectification of Order
In RE:
2. That the applicant applied for the residential plot in the scheme.
Pocket-C of Sector-20.
4. That the applicant by 22.01.2010 made full and final payment to the
6. That as per the allotment letter the possession was to be handed over
later. As the applicant had deposited the full amount towards sale
applicant.
apt to mention that the prayer made in the complaint was that the
Development Authority be directed to handover the physical
delay @ 12 % per annum, from the date of allotment letter, which was
ANNEXURE No.1
10. That the Hon’ble RERA after hearing both the parties vide its order
the possession of the plot in question within 45 days and awarded the
01.05.2016 till the date of handing over of the possession @ MCLR +1.
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
12. That at this juncture it is submitted that the applicant never made any
13. That it is also submitted that during the pendency of the complaint, the
ANNEXURE No.
14. That as the Development Authority failed to comply with the order of
moved an application U/Sc. 63 of the RERA Act, 2016 for the execution
16. That the Hon’ble RERA vide its order dated 27.09.2022 decided the
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
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
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
recovery certificate for the entire deposited could have been issued
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
20. That in pursuance to the direction issued by the Hon’ble RERA vide its
ANNEXURE No.
21. That in view of the facts it is submitted that the order dated
issued for the recovery of the deposited amount towards the sale
consideration, as the applicant had never prayed for the refund rather
23. That the error in the order dated 27.09.2022 is apparent on the face of
24. That it is also prayed that in the meantime a direction be issued to the
PRAYER
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.