Understanding the Legal Battle: Gagandeep Singh vs. AVS Contractors in Rajasthan's Real Estate Sector

The Rajasthan Real Estate Regulatory Authority (RAJ-RERA) has been instrumental in regulating the real estate sector in Jaipur, ensuring transparency and protecting the interests of homebuyers. In this article, we delve into a specific case that sheds light on the functioning of RAJ-RERA and its role in resolving disputes between parties involved in real estate transactions. Let's understand the intricacies of this case and its implications.

Understanding the Case Parties

The case revolves around two primary parties: Gagandeep Singh, the Complainant-Decree Holder, and AVS Contractors Pvt. Ltd., the Respondent-Promoter. Gagandeep Singh, as the Complainant-Decree Holder, is seeking justice and execution of an order, while AVS Contractors Pvt. Ltd., as the Respondent-Promoter, is responsible for fulfilling their obligations as per the real estate regulations.

Background of the Case

To comprehend the current scenario, it's essential to explore the background of the case. Previously, on 17.09.2021, a common order was passed in a related case involving Pawan Kukreja and others, which also encompassed the instant complaint. The Respondent-Promoter had filed an application under section 39 of the RERA Act, which was subsequently dismissed on 10.06.2022.

Execution Proceedings and Adjournments

The Complainant-Decree Holder filed an application for the execution of the order dated 17.09.2021 and a notice was issued to the Promoter-respondent through their online dashboard. However, the proceedings faced multiple adjournments. On 16.11.2022, an application for adjournment of the hearing proceedings was filed, and the next hearing date was scheduled for 23.12.2022. Surprisingly, another adjournment application was submitted on 19.12.2022, which was not considered due to the prolonged pendency of the case.

Issuance of Recovery Certificate

Considering the circumstances and the deliberate avoidance of executing the directions against the Judgment-debtor, the Authority issued a recovery certificate to the concerned District Collector under section 40 of the RERA Act read with section 256 of the Rajasthan Land Revenue Act, 1956, as per the order dated 23.12.2022.

Adjudication of Section 39 Application

The Respondent-Promoter had filed an application on 06.01.2023 under section 39 of the Act, seeking a reconsideration of the original order dated 17.09.2021. However, the Authority had already adjudicated the issue through the order dated 10.06.2022. As no new facts were presented, and the Promoter-Judgment debtor had an opportunity to challenge the previous order, the application was dismissed.

Application to Set Aside the Order

On 01.02.2023, the Respondent-Promoter filed an application to set aside the order dated 23.12.2022. It was evident that the Promoter-Judgment debtor was aware of the ongoing proceedings, as they had previously filed an application for adjournment. According to the provisions of Order 21 Rule 22 of the CPC, no notice against the Promoter-Judgment debtor was required for the execution hearing within the specified period. Consequently, the application to set aside the order held no merit.

Conclusion

The Rajasthan Real Estate Regulatory Authority plays a crucial role in resolving disputes and ensuring fair practices in the real estate sector. This case highlights the challenges faced in executing orders and the need for timely disposal of applications. As RAJ-RERA continues to regulate the Rajasthan real estate market, it remains committed to upholding transparency and safeguarding the rights of all stakeholders involved.

Note: The information provided in this article about Rajasthan Real Estate Regulatory Authority (RRERA) 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 Complaint No: RAJ-RERA-C-2020-3580 before the Rajasthan Real Estate Regulatory Authority

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