LALIT KUMAR NAIN vs ASTER INFRAHOME PVT. LTD.
Party Details
- LALIT KUMAR NAIN
- ASTER INFRAHOME PVT. LTD.
Case Summary
LALIT KUMAR NAIN filed Case No. RERA-GRG-1607-2022 in the Haryana Real Estate Regulatory Authority (RERA) against ASTER INFRAHOME PVT. LTD.. The case has undergone 14 hearings over 2 years and 5 months. The case is currently pending. 15 orders have been issued in this matter.
Hearing History (14)
- 4FEB 2025Hearing
Judge: VIJAY KUMAR GOYAL ASHOK SANGWAN
1. The applicant/respondent vide application dated 11.09.2024 has requested for rectification of order dated 13.08.2024 w.r.t. correction of due date of possession in the said order in the above captioned complaints which were disposed of by the authority.2. The counsel for the respondent states at bar that earlier in complaint bearing no. 3244/2021, the authority calculated the due date of possession as 06.11.2020 which was calculated from the date of consent to establish. Whereas, in the present complaints, the authority inadvertently calculated the due date from date of environment clearance and mentioned the due date as 20.01.2020 in para 30 of the detailed order dated 13.08.2024. The counsel for the respondent further draws attention of the authority towards the proceedings dated 30.04.2024 wherein the due date of possession is mentioned as 06.11.2020.3. The counsel for the complainants argues that an application u/s 39 of the Act, 2016 can be allowed only if there is an error apparent from the record and rectifying the due date of possession shall change the substantive part of the said order, hence may not be allowed. Moreover, the detailed order was passed by the authority after taking into consideration all the documents placed on record and arguments advanced by the parties, therefore there is no ground under section 39 for this application to be allowed.4. Findings of the Authority:a. In view of the facts stated above and the arguments advanced by the parties during the course of hearing, the Authority observes that firstly the daily proceedings dated 30.04.2024 are not the final order and also the said proceedings recorded are the arguments advanced by the counsel for respondent and not the observation of the authority.b. Furthermore, the due date of possession in an affordable group housing project is calculated strictly as per clause 1(iv) of the Affordable Group Housing Policy, 2013 (hereinafter referred as AGHP, 2013)i.e., from the date of environmental clearance 22.01.2016 being later. The relevant clause of AGHP, 2013 is produced herein below for the ready reference:“All such projects shall be required to be necessarily completed within 4 years from the approval of building plans or grant of environmental clearance, whichever is later. This date shall be referred to as the „date of commencement of project‟ for the purpose of this policy. The licences shall not be renewed beyond the said 4 years period from the date of commencement of project”c. The authority herein observes that the due date of possession is correctly calculated by the authority in the detailed order dated 13.08.2024 as per the AGHP, 2013 and the same is also being mentioned in the final proceedings dated 13.08.2024. Detailed findings w.r.t. the same have already been recorded in the detailed order and there is no error apparent from the record. In view of the above, the rectification applications dated 11.09.2024 are dismissed being not maintainable u/s 39 of the Act, ibid.5. Ordered accordingly. The matters stand disposed of.
Stage: DISPOSED
- 29OCT 2024Hearing
Judge: ARUN KUMAR VIJAY KUMAR GOYAL ASHOK SANGWAN
The applicant/respondent vide application dated 11.09.2024 has requested for rectification of order dated 13.08.2024 in the above captioned complaint which was disposed of by the authority. Application dated 11.09.2024 has been filed by the counsel for the respondent w.r.t. correction of due date of possession in the said order. The respondent in its application states that the authority has calculated the due date of possession as 06.11.2020 in complaints bearing no. 3244/2021 being disposed of earlier vide order dated 22.12.2021. Furthermore, in the present complainants the authority in its daily order dated 30.04.2024 has already recorded the due date of possession to be 06.11.2020 and thereafter in detailed order dated 13.08.2024 the same was being inadvertently mentioned as 20.01.2020 in para 30 of the said order. The counsel for the respondent requests for a short adjournment as the main arguing counsel is not available today. The counsel for the complainant states that order is self-speaking and based on the provisions of Affordable Housing Policy and hence no reply is required to be supplied and hence, the application is liable to be dismissed. In view of request of counsel for the respondent, the matter to come up on 04.02.2025 for further proceedings.
Stage: PENDING
- 13AUG 2024Hearing
Judge: ARUN KUMAR VIJAY KUMAR GOYAL ASHOK SANGWAN
RE-OPENED
Stage: RE-OPEN/PENDING
Orders (15)
- 4FEB 2025orderView Order ↗
Order No: N/A
- 4FEB 2025judgementView Order ↗
Order No: N/A
- 29OCT 2024orderView Order ↗
Order No: N/A
Judgement DetailsView full order PDF ↗
ffiHARERA. #- CunuenAvt HARYANA REAI ESIAIE REGULATORY AUIHORIIY GURUGRAM 6Rqrq-r r1-tiv-o frf+qrro srFoaut, rIg[H PROCEEDINGS OF THE DAY f u.tarv und 0!Q220% Day and Date Private Limite4 MA No.
65512024 in CR/1607 12022 Case titled as Lalit Kumar Nain VS Aster lnfrahome Private Limited MA No, 65112024 in CR/654t12022 Case titled as Neeraj Yadav VS Aster Infrahome Private Limited MA No.
658l2OZ4 in CRIT a$ 12022 Case ,irt.a as Ashwani Kumar VS Aster lnfrahome Private Limited MA No.
657 l2O2+ in CRIT 42112022 Case iiif.a as Jagbir Singh VS Aster Infrahome Private Limited MA No.
65212024 in CRl47 12023 Case titled as Pawan Kumar VS Aster lnfrahome Private Limited MA No.
65412024 in CRl241'612023 Case titled as Kamal Bansal VS Aster lnfrahome Private Limited MA No.
65312024 in CRI27B412023 Case ti,tled as Ricira Gandhi VS Aster lnfrahome Private Limited MA No.
656/2024 in CRIZ7BS 12023 Case titled as Amit Gandhi VS Aster lnfrahome Complaint No.
As above Complainant CR No.652 Complainant in person in CR No'1607' Pawan Kumar complainant in person in Represented through ) Act' 20 16 ,t-**, rt#';i il;i"frfi""' ioJoa tttn zot l"&rd zlfrrd crtut{ur HARER&, HARYANA REAI ESIATE REGUTAIORY AUTHORIIY GURUGRAM M.
GURUGRAM New PWD Rest House, Civil Lines, Gurugram, Haryana Earr rp frlaa a(rs g€rrrn rfrqpr 222- S/Shri Sukhbir Yadav proxy counsel in MA No.651, Sukhbir Yadav and fagdeeP Kumar Advocates Aster Infrahome Private Limited Respondent Shri Shankar Wig and Ms.
Sanya Arora Advocates Respondent Represented through Rectification l. u/s 39 of the Act Last date of hearin Naresh Kumari and HR Mehta Proceeding Recorded 1..
Proceedings-cum-order The applicant/respondent vide application dated 11.09.2024 has requested for rectification of order dated 1,3.08.2024 w.r.t. correction of due date of possession in the said order in the above captioned complaints which were disposed of by the authorily' The counsel for the respondent states at bar that earlier in complaint bearing no. earing no.3244l2021,the authority calculated the due date of possession as 06.1 1,.2020 which was calculated from the date of consent to establish' Whereas, in the present complaints, the authority inadvertently calculated the due date from date of environment clearance and mentioned the due date as 20.01..2020 in para 30 of the detailed order dated 1'3.08.2024.
The counsel for the respondent further draws attention of the authority 2.
3, towards the proceedings dated 30.04.2024 wherein the due date of possession is mentioned as 06.1t2020' The counsel for the complainants argues that an application u/s 39 of the Act,2O1.6can be allowed only if there is an error apparent from the record and rectifying the due date of possession shall change the substantive part of the said order, hence may not be allowed.
Moreover, the detailed order was passed by the authority after taking into cotrsideration all the documents placed on record and arguments advanced by the parties' therefore there is no ground under section 39 for this application to be allowed.
4.
Findings of the AuthoritY: nt) Act' 20 16 s_qq<I taa 3it{ fufirs) sfrfrqq, 2016f,r qRr 2Ot'3r&rrd zrfud crfuf{ur ffiHARER,I ffi eunuennrv New PWD Rest House, Civil Lines, Gurugram, Haryana a.
In view of the facts stated above and the arguments advanced by the v.l Vijay l-umar Goyal Member 04.02.2025 parties during the course of hearing, the Authority observes that firstly the daily proceedings dated 30.04.2024 are not the final order and also the said proceedings recorded are the arguments advanced by the counsel for respondent and not the observation of the authority. b.
Furthermore, the due date of possession in an affordable group housing project is calculated strictly as per clause 1(ivJ of the Affordable Group Housing Policy, 201,3 [hereinafter referred as AGHP, 2013)i.e., from the date of environmental clearance 22.01.2016 being later. ing later.
The relevant clause of AGHP, 2Ol3 is produced herein below for the ready reference: " All such projects shall be required to be necessqrily completed within 4 years J'rom the approval of building plans or grant of environmental clearance, whichever is later.
This dote shall be referred to os the ,,dote of commencement of project" for the purpose of this policy.
The licences shall not be renewed beyond the sqid 4 years period from the date of co m men ceme n t of P roj ect" c.
The authority herein observes that the due date of possession is correctly calculated by the authority in the detailed order dated 1.3.08.2024 as per the AGHP ,2013 and the same is also being mentioned in the final proceedings dated 13.08.2024.
Detailed findings w.r't. the same have already been recorded in the detailed order and there is no error apparent from the record.
In view of the above, the rectification applications dated 1,1,09.2024 are dismissed being not maintainable u/s 39 of the Act, ibid.
Ordered accordingly.
The matters stand disposed of' HARYANA REAI ESTATE REGUTATORY AUTHORITY GURUGRAM rqr fi.r"qfr. ftrrrs ap frfa-a ar*s ffimq frqrun Ashok Sa theRealEstate(RegulationandDevelopment)Act'2016 r1-dvo 1trh-ara 3it{ ffrrr1 vfrfrcr, 2016f,I rrm 2ot'rf,Td rQra $fu;lt'I