In a recent case before the Haryana Real Estate Appellate Tribunal, Fantasy Buildwell Pvt. Ltd. found itself entangled in a legal dispute with Gaurav Manohar Negi and others. The case involved a review application (CM No.291-A of 2023) and a disbursement application (CM No.291 of 2023). Let's delve into the details of this case to understand the issues at hand and the tribunal's decisions.
Allegations of Non-Delivery of Possession and Imposition of Cost
Fantasy Buildwell Pvt. Ltd., the applicant-appellant, sought a review of the tribunal's findings in Appeal No. 299 of 2022. The appellant was subject to a daily cost of Rs. 5,000 imposed by the tribunal for the non-delivery of possession to the respondents-allottees. The relevant findings in question were mentioned in Para No.28 of the tribunal's order dated 09.12.2022.
Upon thorough examination of the record and hearing the arguments from both parties, the tribunal addressed the appellant's concerns. The appellant's counsel conceded that they would pursue an appropriate remedy to challenge the findings on merit. Consequently, the appellant decided to withdraw the application (CM No.291-A of 2023), and the tribunal dismissed it as withdrawn.
Correcting an Arithmetical Error and Ensuring Fair Disbursement
In the disbursement application (CM No.291 of 2023), Fantasy Buildwell Pvt. Ltd. sought the disbursement of an excess amount (Rs. 70,54,210) in their favor. The tribunal acknowledged an arithmetical error in its previous order, where it had mistakenly mentioned that the appellant deposited Rs. 1,27,94,757 to comply with the proviso to Section 43(5) of the Real Estate (Regulation and Development) Act, 2016. The correct amount deposited was Rs. 1,98,48,967.
Considering this factual correction, the tribunal proceeded to modify its previous order and rectify the error. It directed the disbursement of the excess amount to the appellant, subject to tax liability, after fulfilling the necessary payments to the respondents-allottees. The amount disbursed would be in accordance with the Act, law, and rules governing such matters.
The case of Fantasy Buildwell Pvt. Ltd. vs. Gaurav Manohar Negi and others presented complex legal issues regarding the non-delivery of possession and the correct disbursement of amounts. The Haryana Real Estate Appellate Tribunal carefully examined the review and disbursement applications and rendered its decisions accordingly.
The tribunal dismissed the review application (CM No.291-A of 2023) as the appellant's counsel expressed their intention to pursue alternative remedies to challenge the findings. In the disbursement application (CM No.291 of 2023), the tribunal rectified an arithmetical error in its previous order and directed the proper disbursement of funds, ensuring fairness to all parties involved.
Through its rulings, the tribunal aimed to uphold justice and maintain the integrity of the real estate regulatory framework. Such cases serve as reminders of the significance of fair and transparent practices in the real estate sector, protecting the rights and interests of all stakeholders.
Note: The information provided in this article about Haryana Real Estate Regulatory Authority (HRERA) is for informational purposes only. It is not intended as legal or professional advice and readers should consult qualified professionals for advice specific to their circumstances. The information provided in this article is based on the In Appeal No. 299 of 2022 before the Haryana Real Estate Regulatory Authority
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