CHIEF EXECUTIVE OFFICER, RAIPUR Vs. ANUP KUMAR SAHU

JUDGEMENT

(1.) The present appeal is filed under Sec. 58 of the Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as 'the Act, 2016') whereby the order dtd. 07/03/2023 passed by the Chhattisgarh Real Estate Appellate Tribunal, Raipur, C.G. is under challenge.

(2.) (I) The facts of the case, in brief, are that the respondent had filed an application before the RERA, Raipur under Sec. 31 of the Act, 2016 that he was allotted a 2-BHK Duplex Row House bearing House No.C36A/01 in Sec. 10 of Kamal Vihar Project, Raipur for an amount of Rs.18,25,000.00 on 10/06/2016. The allottee deposited an amount of Rs.18,21,250.00 uptill 31/10/2017 but even after four years of filing the application before the RERA, he did not get the possession of the said house. It was further stated that the promoter RDA, by letter dtd. 27/08/2020 asked the allottee/respondent to deposit an amount of Rs.23,33,963.88 wherein the GST amount was also shown.

(3.) Non-applicant/appellant RDA stated that the allotment of the house was of 10/06/2016 for an amount of Rs.18,25,000.00. Thereafter, because of the increase in material price in the intervening period, by letter dtd. 27/08/2020 the increased price was asked for. They further stated that the payment of GST was already in the knowledge of the allottee and the increase of price was according to the market rate which was prevailing. It was further stated that they did not have any other plot available for allotment at the prevailing rate of 2016. The delay was attributed for the reason that certain litigation was pending before the National Green Tribunal and the Supreme Court. Thereafter Assembly election followed. Consequently, no development could be carried out in the project and further they stated that till June, 2019 regular development was carried out and they sought for extension of the project time to the State Government. The RDA further stated that if the allottee does not want to purchase the house as per the rules, they are ready to return the amount after the deduction and prays for dismissal of the application.