(1 of 2) [CW-17922/2019]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No.17922/2019
Trehan Home Developers Pvt. Ltd
----Petitioner
Versus
Smt. Renu Vij W/o Shri Kanwal Kishore Vij
----Respondent
Connected With S.B. Civil Writ Petition No.17923/2019 Trehan Home Developers Pvt. Ltd
----Petitioner Versus Smt. Bina Mathur W/o Shri K. D. Mathur
----Respondent For Petitioner(s) : Mr. Ravi Saini For Respondent(s) : Ms. Anita Agarwal HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA Order 16/08/2021 Learned counsel for the petitioner submits that execution proceedings have been initiated. Learned counsel submits that flat was ready and completion certificate and occupancy certificate was issued by the UIT on 31.07.2018. The written submissions in this regard were submitted before the Permanent Lok Adalat which were not taken into consideration while passing award on 12.06.2019 and only aspect was looked into that as on 18.04.2017, the flat was not completed. Learned counsel submits that other flats are not completed, the respondents cannot withdraw themselves from taking flats and demanding the entire amount and at best they can claim compensation for the delay in completion of the flat to the tune of 6% of the cost. Learned (Downloaded on 17/08/2021 at 10:18:20 PM) (2 of 2) [CW-17922/2019] counsel relies on the judgment passed by the Supreme Court in the case of Wg. Cdr. Arifur Rahman Khan and Aleya Sultana and ors. Versus DLF Southern Homes Pvt. Ltd., Civil Appeal No.6239/2019 decided on 24.08.2020.
Learned counsel appearing for the respondents seeks time to place judgment which would show that if the flats are not ready, a person may claim for withdrawal of his entire amount which he has paid alongwith interest.
List these cases again on 08.09.2021 for final arguments. In the meanwhile, execution proceedings before the concerned court shall remain stayed.
(SANJEEV PRAKASH SHARMA),J Karan/102-103 (Downloaded on 17/08/2021 at 10:18:20 PM) Powered by TCPDF (www.tcpdf.org)