MS. KANIKA SHARMA vs M/S SUPERTECH LTD.

HARERIT GURUGRAM Address:1114, 11th Floor, Hemkunt Cha mbers, Nehru Place, New Delhi-110019 CORAM: MA No.

182 of2024 in CR no.

15 of 2018 BEFORE THE HARYANA REAL ESTATE REGULATORY AUTHORITY, GURUGRAM Complaioa nt Versus Supertech Limited Kanika Sharma R/o: C-84, 0akwood Estate, Dlf Phase-2, Gurgaon-722002 Shri Arun Kumar Shri Vijay Kumar Goyal Chailnra n Shri Ashok Sangwan Member Membcr C".plr,"*i Respondent ORDER ON RECTIFICATION APPLICATION DATED 20.03.2024. :1. '[he present complaint was heard and disposed off by the ;ruthority vicle order dated 05.07.2018, wherein the Authority had dirccted that in rhc eventuality of failure ofthe promoter to give possession by 31.12.201 9, the APPEARANCE: Kanika Sharma Page t ol4 tM.A. ,r _ I I co4rfl4!1t q9, ComplaiI!!f!led on M.A. decided on 1BZ of2024 15 of 2018 12.O2.201A 23.O4.2024 Respondent None ffi HARERA s* eunGnnlr MA No.

182 of 2024 in CR no.

15 of2018 allottee shall be refunded the amount received by the promoter along with the prescribed interest i,e, 10.4S0lo from duc clate of possession i.e., 31.12.2079 till actual date of handing over of rht: possession and respondent was further directed to give interest on amoul.tt on I oth of every month.

2.

The complainant has now moved an rectification application under scctiorl 39 of Real Estate (Regulation and developmentJ Act, 2016 datcd 20.03,2024 seeking rectification of order dated 05.07.201t] in terms of change of respondent's name from M/s Supertech t,imited to M/s Sarv Realtors Pvt.

Ltd.

The complainant present in person states that M/s Sarv Realtors Pvt.

Ltd. could not be made as a party and the conrplaint was disposed off in the year 2018 but the order of the authority dated 29,11.2019 for handing over the assets to M/s Sarv Realtors Pvt.

Lrd. is subsequent to the above order and hence requests for rcctification ol'thc said order.

3. order.

3. 'Ihe authority observes that section 39 deals with the rectiJication ol orders which empowers the authority to make rectification within a period of 2 years from the date of order made under this Act.

LJndcr the above provision, the authority may rectiR/ any mistakc apparent fronr the record and make such amendment, if the mistake is brought to its notice by the parties.

However, rectification cannot be allor,vcd in trvo cases,frstly, orders against which appeal has been preferced, secondly, to amend substantive part ofthe order.

The relevant portion ofsaid section is reproduced below.

Section 39: Rectilicstion oJ orders PaEe 2 of 4 ffi HARERA *oi$s" eunuennH,t 4.

5. vi.

AII the assets and liabilities including customer receipts and proiect loans of whatsoever nature, in the Project "Supertech Hues and Azalio" in the name of Supertech Ltd. be shifted to Sorv Reqltors Pvt, Ltd./DSC qnd others.

However, even after the rectificotion, Supertech Ltd, will continue to remoinjointly responsible for the units marketed and sold by it and shall be severally responsible if Sa^, Reoltors Pvt Ltd./DSC qnd others fail to dischorge its obligotions towords the allottees.

6.

The authority further observe that vide registration bearing no.1ti2 of 2017 dated 04.09.2017 valid upto 31,.1,2.2021, for License bearing no.

106 MA No.

15 of 2018 "The AuthoriE may, at any time within a period of two years from the dote ol the order mqde under this Act, with o view to rectiliing ony mistake apporent fron the record, antend any order passed by it, and sholl make such amendment, if the tnistoke is brought to its notice by the porties: Provided that no such amendment shallbe made in respcctofany otder against which an appeol hos been preferred under this Act: Provided further that the Authority shall not, while rectilying atly mistake apparent from record, amend substontive port of its arder passed under the provisions ofthis Act. fthis Act." In the present matter, the complainant has sought the rcctification oI change/amendment of name of the respondent Supertech Limitcd to of M/s Sarv Realtors Pvt.

Ltd. as respondent. 'l'he rectification sought by thc complainant is not a mistake apparent from the record al']d thereforc thc authority cannot amend its own order and allow the rectification.

IJowever, the authority took suo-motu cognizance on a complaint filcd by PNB Housing Finance Ltd, against Supertech Limited, for violating the provisions ofThe Real Estate (Regulation and DevelopmentJ Act, 2016.

Where all the assets and liabilities whatsoever in nature, in the l)roject "Supertech Hues and Azalia" in the name of Supertech Ltd. be shiltod to Sarv Realtors Pvt.

Ltd./DSC and others.

The relevant portion of the said order is reproduced here: I']age 3 ol4 HARERA MA No.

15 of 2018 L07 of 2073,89 of 2014 and 134-L36 of 2074 issued by the Department of Town and Country Planning, I Iaryana fbr an area 32.A3 acres Group Housing Colony ("llues 'lowcrs- A,B,E,F,G,H,M,N,K,T,V,W,O,P,C and D and Azalia'l'owers'l-1,'l^2,T-3,T-4.,1'- 5,T-6 & T-7) situated in Village Badshapur, Sector 6[], Gurugram arc registered with the this authority.

7.

In view ofthe same M/s Sarv Realtors Pvt.

Ltd./DSC and others are bound to follow the order of the authority along with Supertech L,td. as they ;trc liable for all the assets and liabilities of Supertech Ltd. in connection to project Supertech Azalia and Supertech Hues.

This order be read with and in continuation of order dated 05.07.2018 passed by the authority.

File be consigned to registry. *€6.* GURUGRAM (Astlok Mem 8.

9. {{ A uY;lr*#A-rrt Member {--_ (Arun Kumar) Chairman Haryana Real Estate Regulatory Authority, Gurugram Dated: 23.04.2024 I'age 4 ol4