Uttar Pradesh Real Estate Regulatory Authority
Mrs. Rashi Khanna with Mr. Ritesh Kumar Singh and Mrs. Rina Singh v. ATS Housing Private Limited
Complaint No. NCR144/10/100520/2022
Verified by Puneet Jain, Editor
- Decision date
- 2024-03-28
- Text availability
- Machine-read (OCR) text, unverified
- Bench
- Adjudicating Officer Gautam Budh Nagar
- Counsel
- Puneet Jain (in this matter)
Source: UP RERA order
Connected provisions and cases
No further provision or case links are recorded.
Judgment text
English translation. Machine translation from the Hindi by AI (Claude Haiku), not reviewed. The original order below is the authoritative text.
U.P. Real Estate Regulatory Authority, Regional Office, Gautam Buddh Nagar Bench-3 (formerly Bench-2) Passed under Section 34 of the Real Estate (Regulation and Development) Act 2046 Order Present: Dr. Deepak Swarup Saxena, Member | Sl. No. | Complaint No. | Unit No. | Amount deposited as per receipts / evidence on file | Date of allotment | Date by which possession was due as per agreement | Relief sought | |---|---|---|---|---|---|---| | I | [?]44/0/00520/2022 | [?] P-202 | Rs. 70,66,899/- | 25.02.2049 | 30.06.2020 | Possession of the unit and interest for the delayed period | Ritesh Kumar Singh and Reena Singh vs. ATS Housing Pvt. Ltd. The complainants have instituted this complaint against the opposite party seeking possession of the unit and interest for the delayed period. In brief, the complainant's statement is that unit no. P--2024 was booked in the project ATS PRISTINE PHASE-II run by the opposite party, the unit mentioned in the table above, and the amount mentioned in the table, Rs. 70,66,899/-, has been paid to the opposite party. The complainant has requested possession of the unit and interest for the delayed period. In support of the statement, the complainant has filed photocopies of the allotment letter, the tripartite agreement and the applicant ledger. The details of the amounts paid by the complainant to the opposite party are as follows:
| Sl. No. | Particulars | Date | Amount paid (Rs.) | |---|---|---|---| | 1 | [?] | 04.08.2022 | Rs. 70,66,899/- | In its reply filed on behalf of the opposite party, it has been recorded that the complainant alleges that the opposite party has violated its contractual obligations, and that, for that reason, the jurisdiction to adjudicate the matter lies with the civil court; the complaint should therefore be dismissed. The Authority has no jurisdiction to decide the allegations made by the complainant, and in support of this the opposite party has cited the judgment passed by the Appellate Court at Chandigarh, Haryana, in Appeal [?]/2018, "Sameer Mahawar vs. MG Housing [?]". The present case has been filed by the complainant on incorrect facts to harass the opposite party. The complainant has also not paid the amount on time. The complainant has filed cases before different benches of the Authority, which have already been dismissed. If any unforeseen event occurs, the opposite party may change the anticipated date of possession. The project was delayed due to the COVID-9 pandemic. With regard to force majeure, the opposite party has cited the Hon'ble Supreme Court's order dated 04.44.2049 passed in Civil Appeal No. 43029,//4985, "M.C. Mehta vs. UOI". The opposite party was committed to give possession within the time period, but the project was delayed due to force majeure.