Unknown vs R.A. Construction And Others"
2023 Latest Caselaw 1560 UK

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      07.06.2023                        RERA APPEAL No.13 of 2020
                                        Hon'ble Alok Kumar Verma, J.

Heard Mr. Rajat Mittal, learned counsel for applicants-proposed appellants and Mrs. Neetu Singh, learned counsel for respondent on Admission.

2. Proposed Appeal has been filed against the judgment dated 03.01.2020, passed by learned Uttarakhand Real Estate Appellate Tribunal, Dehradun (in short, "Appellate Tribunal") in Appeal No.28 of 2019, "Mrs. Shalini Dang Vs. R.A. Construction and Others", whereby, the said Appeal has been allowed.

3. Mr. Rajat Mittal, Advocate contended that an Agreement to sell (without possession) was executed between the parties on 25th day of April 2017. According to the said Agreement, 31st day of December 2017 was fixed for execution and registration of sale deed.

4. Thereafter, a Time Extension Agreement dated 16th day of January, 2018 was executed between the parties and as per condition of the said Time Extension Agreement, the date of execution and registration of sale deed was extended till 30th April, 2018.

5. On 01.05.2018, a Time Extension Agreement was again executed between the parties and according to the said Agreement, the date was extended till 31.07.2018. Finally, a Time Extension Agreement was executed by the parties on 2nd November, 2018, by which time of execution and registration of sale deed was extended till 31st March, 2019.

6. Mr. Rajat Mittal, Advocate, has submitted that before the said date i.e. 31.03.2019, a complaint was filed by the respondent-complainant before the Real Estate Regulatory Authority (in short, "Authority"). Therefore, the said complaint was pre-mature.

7. Mrs. Neetu Singh, Advocate, has sought further time for arguments.

8. Mr. Rajat Mittal, Advocate, has submitted that an execution proceeding (Execution Case No.5 of 2019) is pending before the Authority, Dehradun. In the said execution proceedings, recovery certificate has been issued against the appellant. He has sought 45 days' time to deposit the awarded amount before the Authority concerned under protest.

9. In the facts and circumstances of the case, RERA Appeal is admitted on the following substantial question of law:-

"Whether the liability of the parties to the agreement shall arise out of the extension agreement or the original agreement"?

10. Summon Original Record.

11. Learned counsel for the parties requested for paper book.

12. Registry is directed to prepare paper books and supply the same to learned counsel for the parties as per Rules after receiving the Original Record.

13. List on 07.07.2023.

14. Subject to deposit of awarded amount before the Authority concerned within 45 days' from today, the effect and operation of the Appellate Tribunal are stayed.

(Alok Kumar Verma, J.) 07.06.2023

Neha