BEFORE THE REAL ESTATE REGULATORY AUTHORITY, UTTAR

PRADESH REGIONAL OFFICE, GAUTAMBUDH NAGAR, COURT NO.1,

In RE:

Complaint No. 12201827501

IN THE MATTER OF:

Karan Kumar Mahajan
Vs.
Yamuna Expressway Industrial Development Authority
APPLICATION U/Sc. 39 OF THE REAL ESTATE (REGULATION AND
DEVELOPMENT) ACT, 2016, FOR RECTIFICATION OF ORDER DATED
27.09.2022 PASSES IN COMPLAINT NO. 12201827501 (ORDER UNDER
SEC. 38/40/63)

MOST RESPECTFULLY SUBMITTED:

1. That, in year 2009, the Yamuna Expressway Industrial Development

Authority (hereinafter referred as ‘Development Authority’),

advertised a residential plot scheme for the sale of residential plot.

2. That the applicant applied for the residential plot in the scheme.

3. That the Development Authority issued an allotment letter dated

20.10.2009 in favour of the applicant, wherein allotted Plot No. 234 in

Pocket-C of Sector-20.

4. That the applicant by 22.01.2010 made full and final payment to the

Development Authority towards the sale consideration.

5. That thereafter the Development Authority also executed an

agreement to lease in favour of the applicant which was registered in

the office of sub-registrar on 08.04.2010.

6. That as per the allotment letter the possession was to be handed over

after the deposition of the 75 % of the total premium amount or after

04 years from the date of issuance of allotment letter, whichever is

later. As the applicant had deposited the full amount towards sale

consideration by 22.01.2010, therefore as per allotment letter the

possession was to be handed over by 20.10.2013 (i.e. four years from

the date of allotment letter).

7. That in between the additional amount of Rs.13,30,000/- was also

demanded by the Development Authority, styled as farmer

compensation. The said amount was also deposited by the applicant in

Year 2017 itself.

8. That further a demand of Rs.2,37,500/- was made towards the

preferential location charges. The same was also deposited by the

applicant.

9. That, as the Development Authority, even thereafter failed to hand over

the possession of the plot in question, the applicant was compelled to

file a complaint U/Sc. 31 of the RERA Act, 2016. At this juncture it is

apt to mention that the prayer made in the complaint was that the
 Development Authority be directed to handover the physical

possession of the plot in question and a compensation towards the

delay @ 12 % per annum, from the date of allotment letter, which was

numbered as Complaint No.12201827501. A true copy of screenshot of

the complaint uploaded on the website is annexed herewith as

ANNEXURE No.1

10. That the Hon’ble RERA after hearing both the parties vide its order

dated 25.07.2019, directed the Development Authority to handover

the possession of the plot in question within 45 days and awarded the

delay interest @ 6 % from 21.10.2013 to 30.04.2016 and from

01.05.2016 till the date of handing over of the possession @ MCLR +1.

A true copy of order dated 25.07.2019 passed by the Hon’ble RERA

and letter to Joint Secretary UPRERA dated 17th September 2020 is

marked and annexed herewith as ANNEXURE No.2

11. That the Hon’ble RERA, apart from the afore-said direction also issued

a direction that if the applicant does not wish to take the possession of

the plot in question, in that case the amount be refunded to the

applicant along with interest @ MCLR +1.

12. That at this juncture it is submitted that the applicant never made any

request to the Development Authority for the refund of the amount

 deposited, rather on every occasion a request was made to handover

the possession of the plot in question.

13. That it is also submitted that during the pendency of the complaint, the

Development Authority have also executed a lease deed in favour of

the applicant, which has been registered in the office of sub-registrar

on 18.04.2019. A true copy of lease deed is annexed herewith as

ANNEXURE No.

14. That as the Development Authority failed to comply with the order of

the Hon’ble RERA, in regard to handing over of the possession of the

plot in question within a period of 45 days, therefore the applicant

moved an application U/Sc. 63 of the RERA Act, 2016 for the execution

of the order dated 25.07.2019.

15. That it is submitted that during the execution proceedings also no

prayer was made for the refund of the amount deposited.

16. That the Hon’ble RERA vide its order dated 27.09.2022 decided the

execution proceedings and directed that if the Development Authority

fails to upload the information in regard to possession of the plot in

question by 30.11.2022 on the complaint page, in that case the

Secretary, RERA, after 30.11.2022 shall issue a recovery citation as per

Clause 2 of the order dated 25.07.2019 i.e. a recovery citation for the
 entire deposited amount along with interest. A true copy of order

dated 27.09.2022 is marked and annexed herewith as ANNEXURE No.

17. That it is submitted herein that the applicant had never prayed before

the Hon’ble RERA for the refund of the deposited amount, rather a

prayer was made for the directing the Development Authority to hand

over the possession along with delay interest.

18. That operative portion of Clause 2 of the order dated 25.07.2019 also

had a mention that if the applicant wishes for the refund of the

deposited amount. Meaning thereby that direction for issuance of

recovery certificate for the entire deposited could have been issued

only after a prayer was made by the applicant. However, in case in

hand the no such prayer for the refund of the deposited amount has

been made.

19. That it appears that the Hon’ble RERA has committed a mistake, which

is apparent on the face of record, by issuing a direction for issuance of

recovery certificate for the entire deposited amount.

20. That in pursuance to the direction issued by the Hon’ble RERA vide its

order dated 27.09.2022, a recovery citation dated 04.05.2023, has

been issued by the Secretary, RERA, addressed to the District

Magistrate, Gautam Bhudh Nagar, for an amount of Rs.

1,28,13,515.40/, which also includes an amount of Rs. 60,29,630/- i.e.

 the deposited amount towards the sale consideration of the plot in

question. A true copy of recovery citation is annexed herewith as

ANNEXURE No.

21. That in view of the facts it is submitted that the order dated

27.09.2022, may be rectified to the extent that no direction may be

issued for the recovery of the deposited amount towards the sale

consideration, as the applicant had never prayed for the refund rather

only prayed for the possession.

22. That it is also submitted that order dated 27.09.2022 passed in

execution proceedings is also in complete contrast to order dated

25.07.2019 passed in Complaint filed by the applicant.

23. That the error in the order dated 27.09.2022 is apparent on the face of

record as the order dated 27.09.2022 exceed the direction issued in

the order dated 25.07.2019 passed in complaint of the applicant.

24. That it is also prayed that in the meantime a direction be issued to the

Secretary, RERA, for staying the recovery proceedings in pursuance to

recovery citation dated 04.05.2023, to the extent of Rs. 60,29,630/-.

PRAYER

a. Rectify the order dated 27.09.2022 passed in Complaint No.

12201827501 (Order Under Sec. 38/40/63), to the extent it directs

 the Secretary RERA to issue a recovery citation in regard to interest

penalty only not the deposited amount.

b. Issue a fresh direction to the Secretary, RERA, for issuance of

recovery citation as directed in Clause -1 of the order dated

25.07.2019 passed in Complaint No. 12201827501;

c. Any other order or direction which the Hon’ble RERA may be deem

fit and proper in the facts and circumstances of the present case.