VIJAY BHUSHAN BHARDWAJ vs IREO PRIVATE LIMITED
Party Details
- VIJAY BHUSHAN BHARDWAJ
- IREO PRIVATE LIMITED
Case Summary
VIJAY BHUSHAN BHARDWAJ filed Case No. RERA-GRG-1511-2022 in the Haryana Real Estate Regulatory Authority (RERA) against IREO PRIVATE LIMITED. The case has undergone 8 hearings over 1 year and 5 months. The case was disposed of on 21 Feb 2024. 10 orders have been issued in this matter.
Hearing History (8)
- 21FEB 2024Hearing
Judge: ASHOK SANGWAN
The above-mentioned matter was heard and disposed of vide order dated 16.08.2023 wherein, the Authority had directed the respondent to refund the entire amount paid by the complainant along with prescribed rate of interest @10.75 from the date of each payment till the date of refund of the deposited amount. The complainant has filed an application for rectification of order dated 16.08.2023 stating that the present case was a part of bunch matters having similar facts and case titles pertaining to different units in the respondent’s project. However, the title of the complaint in case bearing no. CR/1521/2022, was erroneously mentioned as “Kilimanjaro Estates Private Limited versus M/s Ireo Private Limited” instead of “Vijay Bhushan Bhardwaj versus Ireo Private Limited” in final order dated 16.08.2023. The authority observes that section 39 deals with the rectification of orders which empowers the authority to make rectification within a period of 2 years from the date of order made under this Act. Under the above provision, the authority may rectify any mistake apparent from the record and make such amendment, if the mistake is brought to its notice by the parties. The relevant portion of said section is reproduced below. Section 39: Rectification of orders “The Authority may, at any time within a period of two years from the date of the order made under this Act, with a view to rectifying any mistake apparent from the record, amend any order passed by it, and shall make such amendment, if the mistake is brought to its notice by the parties: Provided that no such amendment shall be made in respect of any order against which an appeal has been preferred under this Act: Provided further that the Authority shall not, while rectifying any mistake apparent from record, amend substantive part of its order passed under the provisions of this Act.” As the rectification filed by the complainant is clerical in nature and the same is allowed. This order shall be read as part and parcel of the final order dated 16.08.2023. Application stands disposed of. File be consigned to registry
Stage: DISPOSED
- 17JAN 2024Hearing
Judge: ARUN KUMAR VIJAY KUMAR GOYAL ASHOK SANGWAN SANJEEV KUMAR ARORA
File taken up today as 17.01.2024 has been declared as a holiday on account of Shri Guru Govind Singh Jayanti, hence the case is adjourned to 21.02.2024 for the purpose as already fixed.
Stage: PENDING
- 16AUG 2023Hearing
Judge: ASHOK SANGWAN
RE-OPENED
Stage: RE-OPEN/PENDING
Orders (10)
- 21FEB 2024judgementView Order ↗
Order No: N/A
- 21FEB 2024orderView Order ↗
Order No: N/A
- 17JAN 2024orderView Order ↗
Order No: N/A
Judgement DetailsView full order PDF ↗
HARERA GURUGRAM HARYANA REAT ESIATE REGUIATORY AU]HORIIY GURUGRAM cftqron rf*iqEr ffF-qmo fiFflur, Turrc xoure. c,",, L,"er. er,rs a. r'",vr"a rI' o zFq+ EB tF Rfid drtf, {"rF fta1" PROCEEDINGS OF THE DAY Day and Date I Wednesday and 21'.02.2024 MA No.
448/2023 in CR/ ts1l/2022 titled as Viiay tlhushan Bhardwaj VS PRIVATE t,II\4I'IF]D Vijay Bhu shan 1)hardwaj 10 [".'']"': Case tRllo I Complainant \ --_ - I R"p.esented th.ough --- lRespondent Shrl Carl Mllhotra Advocate IREO PRIVA ItJ t,IMITED Shri M.K.
D.rnB Advocate Appl. for rectification oforder 17 01- 202+ Naresh Krtmari and HR Mehta Respondent RePresented Last date of hearing Proceeding Recorded bY Proceedings Theabove.mentionedmatterwasheardancidisposedofvideorderdated ii.oi.iozz wherein, the Authority had directed the respondent to refund thc a",i* r."r", p"id by the compliinant along with prescribed rate of interest Oio.zi f.o* tit" aate of each payment till the tlate of refund of the depositsd amount.
The complainant has filed an appiication lbr rectification of order dated ti.Og.ZfiZ stating that the prescni case was a part of bunch matters havtng ,i.lt". fa.t, and lase titles pcftainrng to difterer)t untts in tht'respondent's nroiect.
However, the title ol tlrt (ompiaint in case bearing no (:R/152112022 l,Jl "t.onloutiv ,nentioned rs "Kilimanjaro Estates Private l'imited versus lA7, t."o privaie Limited,, insread of ,,Viiay Bhushan Bhardrvaj versus lleo P;ivate Limited" in llnal ordcr ,lated 16 08'202 1' 1 the authoriw observes that suction 39 deals with the rectiJicution oi orders 1 ;i,.h;;;";".t the authority to make rectification within a pcriod of2 years 1 ;;;;;; ;;;";a order made under this Act tJnder the above provision' the 1 ;,,,h";it;;"i rectify any mr\lrke apparent from the. record and make such Lrn""a.i"",. if rl. -,rtu[" ts hr oughi io its notice by the partrcs.
The rclev.rnt L portion oI said section is rept r,clut ' d belor't i e,i,r'-,t,irrtre. ', '', ".r ". '', ".r ".d'r s "' /""r'u"d'Lnn' rr1'{ r"' /nd r'ev'r"nn ''""'""'' "i'; i;#; rt' *"o,no"* ro'on * '704 rd"d rta otora * HARER.I. #* eunuennn,t New PW0 Rest llouse, ;iie lutnority ^iy, atany iime within a period of two yeors from the date of the order made under this Act' \Vith a view to rectilying any mistoke apporent from the record, omend ony order possed by iL' and shall tnoke such amendment, if the m i stake is b ] o ugh t to i ts nou L e b) t h e po rties: Provided that no such amenclnent sholl be marle in respect ol ony order against which an appeal hos been preferred under this Act: iovided further thot the AuLitority sholl aL, t'rhtte rectifying !r1y tnistoke opporent'from record, amend substantNe port of tts order possed under the provisions of this Act." HARYANA REAT ESTATE REGUIAIORY AUTHORIIY GURUGiAM As the rectification filed by the complainant is r:lerical in nature and the same is allowed.
This order shallbe read as part and parcel of thc final order dated 16 08 202 3' Application stands disposed of. !'ile be consigned to registry Asho( \angwan Mtrhber 21.O2.2024 ;,;;,!h;ry @str.i;n,rde; s;rs , 2o -' r( Rear E*r' rn"sli*i i"a iri]:i'p'"rr 't' r {-risa rafttF rtr ts'O rtuftq{, 201tfi qnr 205 rr.ai rG oftrnt