Court No. - 39
Case :- WRIT - C No. - 1944 of 2019 Petitioner :- Proview Rishabh Infra Pvt. Ltd. Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nipun Singh Counsel for Respondent :- C.S.C.,Wasim Masood
Hon'ble B. Amit Sthalekar,J. Hon'ble Suresh Kumar Gupta,J.
Heard Sri Nipun Singh, learned counsel for the petitioner, Sri Wasim Masood, learned counsel for respondent no. 2 and Chief Standing Counsel for respondent nos. 1 & 3.
The petitioner in the writ petition is seeking quashing of recovery citation dated 02.01.2019 whereby a recovery of Rs. 37,59,916/-, is sought to be made from the petitioner in terms of the award dated 18.05.2018 passed by Real Estate Regulatory Authority, Uttar Pradesh.
The petitioner is a Real Estate Promoter of a residential complex under the name and style "The Grande". The respondent no. 4 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. 4 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. 4 by December, 2014. The petitioner defaulted, and therefore, proceedings before the Real Estate Regulatory Authority were initiated by respondent no. 4 in which the award was passed on 18.05.2018, whereby the petitioner was directed to refund the amount of Rs. 15,99,850/- to the respondent no. 4 alongwith 24 percent interest. Thereafter, an office order was issued by the Real Estate Regulatory Authority on 19.06.2018, copy of which has been filed as Annexure-5 to the writ petition mentioning that the interest would be provided to the complainant strictly, and the rate of interest would be as per the MCLR+1 (Marginal Cost of Funds Based Lending Rate).
The petitioner thereafter submitted rectification application before the Real Estate Regulatory Authority on 06.07.2018, Annexure-6 to the writ petition, for correction of the rate of interest to coincide with the MCLR+1 (Marginal Cost of Funds Based Lending Rate) but it is stated that no order has been passed by the Real Estate Regulatory Authority till date on his rectification application dated 06.07.2018. In the meantime the recovery citation dated 02.01.2019 has been issued by the Tehsildar, Meerut.
In our opinion, no useful purpose would be served by keeping the matter pending.
We, therefore, dispose of this writ petition with a direction that if the petitioner appears before the Respondent no. 2, Authorized Officer, Real Estate Regulatory Authority on 31.1.2019 at 11.00 AM along with a certified copy of this order and copy of rectification application dated 06.07.2018, the Respondent no.2, Authorized Officer, Real Estate Regulatory Authority shall consider the same and after granting the petitioner an opportunity of hearing decide the said application, in accordance with law, within one month thereafter.
Subject to the petitioner complying with the direction given hereinabove, the recovery in pursuance of the impugned citation dated 02.01.2019 shall remain in abeyance and shall be subject to any final order which may be passed by the respondent no.2.
Order Date :- 22.1.2019 Vibha Singh