Court No. - 1
Case :- WRIT - C No. - 20053 of 2019 Petitioner :- Proview Rishabh Infra Pvt. Ltd. Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Nipun Singh,Sumit Suri Counsel for Respondent :- C.S.C.,Wasim Masood
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Nipun Singh, learned counsel for the petitioner, Sri B.P.Singh Kachhawah, learned Standing Counsel for the State- respondent nos.1 & 3 and Sri Wasim Masood, learned counsel for the respondent nos. 2 & 4.
The petitioner is a Real Estate Promoter of a residential complex under the name and style "The Grande". The respondent no. 5 applied for purchase of a 3 BHK flat being Flat No. R-G06 in the above said residential complex for a sum of Rs. 36,34,852/-. The respondent no. 5 deposited a sum of Rs. 15,99,852/- as the booking amount and the rest of the amount was required to be paid in ten equal installments. The flat was required to be handed over to respondent no. 5 by December, 2014. The petitioner defaulted, and therefore, proceedings before the Real Estate Regulatory Authority were initiated by respondent no. 5 in which the award was passed on 18.05.2018, whereby the petitioner was directed to refund the amount of Rs. 15,99,852/- to the respondent no. 5 alongwith 24 percent interest.
Against the order dated 18.05.2018, the petitioner preferred an appeal under Section 44(1) of the Real Estate (Regulation and Development) Act, 2016 before the Real Estate Regulatory Tribunal on 29.05.2019 after considerable delay. The delay condonation application is still pending for consideration.
It is expected that the Real Estate Regulatory Tribunal may act in accordance with law after giving notice to all the respondents.
In view of the above, we are not inclined to interfere in the matter at this stage.
The writ petition is, accordingly, dismissed.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 11.6.2019/Lbm/-