Trehan Home Developers Pvt. Ltd vs Smt. Renu Vij W/O Shri Kanwal ...
2021 Latest Caselaw 3777 Raj/2

                        (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

(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

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