(1) Heard the learned counsel for the petitioner and Shri Shobhit Mohan Shukla, who appears for the Opposite party no.2 and perused the record.
(2) It is clear from the pleadings on record and the arguments made by the learned counsel for the petitioner that the petitioner being a promoter is an opposite party an Online complaint made by the Opposite party no.3 against him to the opposite party no.2. The said complaint was decided on 16.03.2020 ex-parte and thereafter Recovery Certificate was issued on 10.09.2020 only then the petitioner came to know about the complaint case being filed and decided against him on 16.03.2020. He filed an application for Recall alongwith affidavit on 15.01.2021 the same has not been decided and it has been orally informed to him that there is no provision of recall in the R.E.R.A. Act, 2016. Hence this petition.
(3) Learned counsel for the petitioner has placed reliance upon two judgments of Division Benches of this Court passed at Allahabad in Writ C No.32301 of 2019 (M/s T.G.B. Realty Pvt. Ltd. V. State of U.P. and 7 Others). This Court had observed that the petitioner was not asking for review of any order passed by R.E.R.A. rather he was asking for recall of order on the ground that notice was never served upon him and he was denied opportunity of hearing. A recall application of such nature falls within the purview of procedural review rather than substantive review for which every Court/Tribunal is exercising power. Such recall application cannot be denied merely for the reason that there is no provision to that effect in the Act/Statute.
(4) This Court had disposed of the writ petition on 17.10.2019 directing the R.E.R.A. to consider the recall application afresh and pass appropriate orders in accordance with law.
(5) Learned counsel for the petitioner has also placed reliance upon an another Division Bench judgment of this Court rendered on 22.01.2021 in Writ-C No.1462 of 2021 (Aadhar Infra Holding Limited and Another Vs. State of U.P. and 18 Others) in which similar observations have been made by the Division Bench and the matter has been disposed of with similar directions for the R.E.R.A. to consider and decide the recall application of the petitioner afresh.
(6) Shri Shobhit Mohan Shukla, does not dispute that the order of R.E.R.A. has been passed ex-parte. He also does not dispute the legal position as settled by two Division Benches of this Court in the orders cited by the learned counsel for the petitioner.
(7) This petition is finally disposed of with a direction to the Opposite party no.2 to consider and decide the application for recall of the petitioner dated 15.01.2021 in accordance with law, as settled by this Court on the next date fixed.
Order Date :- 11.2.2021 PAL