Uttarakhand High Court
RERA APPEAL/1/2022 on 16 August, 2022
Author: Sharad Kumar Sharma
Bench: Sharad Kumar Sharma
Office Notes, reports,
orders or proceedings
SL.
Date or directions and COURT'S OR JUDGES'S ORDERS
No
Registrar's order with
Signatures
RERA Appeal No.01 of 2022
With
RERA Appeal No.02 of 2022
RERA Appeal No.03 of 2022
Hon'ble Sharad Kumar Sharma, J.
Mr. Bhupesh Kandpal, Advocate holding brief of Ms. Gurbani Singh, Advocate for the appellants.
Mrs. Neetu Singh, Advocate for the respondents.
As against the impugned appellate judgment, which is under challenge in the present RERA Appeals under Section 58 of the Real Estate (Regulation and Development) Act of 2016, these three appeals are respectively arising out of the Complaint Cases No.92 of 2018, 83 of 2018 and 93 of 2018.
The allegation of the appellant, is that the respective flat, which was allotted to them, its construction has not yet been completed. It has been argued to the contrary, by the learned counsel for the respondents, based on the completion certificate particularly, the reference has been made to the last note clause of the report given by the Superintendent Engineer on 04.09.2021, that in relation to the Block No.S1 and S2, in which the appellants flat is located, the construction has been completed.
Since this Court has already dealt with the appeal of respondent against the appellate order, which are now under challenge in the present appeal at the behest of the appellant in a judgment rendered on 23.10.2019 in Appeal No.14 of 2019 M/s Eminent Infra Developers Pvt. Ltd. Vs. Vivek Radhu, this Court feels it apt that before venturing to admit the appeal and to scrutinize, the same appellate order, at the behest of the present appeal, in whose favour, the appeal already stood decided earlier on 23.09.2019. The Sub Divisional Magistrate, Haridwar, is hereby directed to furnish a report about the stage and status of construction of Block No.S1 and S2, in which the appellant's flat is located. The report to be submitted within three weeks.
List these appeals after three weeks for admission.
Interim order, if any, would continue to operate till next date of listing.
(Sharad Kumar Sharma, J.) 16.08.2022 Arti