AMEYA ANIL JOGLEKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Pursuant to the order dated 25.09.2020, both the petitions are tagged, to be heard conjointly. Hence, with the request and consent of respective learned advocates appearing for the respective parties, the Court has taken up both the petitions together.

(2.) Special Civil Application No.21766 of 2019 is filed under Articles 226 and 227 of the Constitution of India for seeking following reliefs:

(3.) This petition is based upon a broad premise that the petitioner filed a complaint before the Gujarat Real Estate Regulatory Authority Act, 2016 on 28.07.2018 against respondent No.4. Since the Flat, which was booked by the petitioner in Dove Deck Project floated by the contesting respondent herein has not been allotted physically though on 30.03.2016, the allotment letter also came to be issued. It is the case of the petitioner of this petition that on 24.01.2016, Flat No.H/404 in the aforesaid project came to be booked by paying Rs.1 lakh through cheque and later on total sum of Rs.20,84,000/- was paid which was acknowledged by the respondent herein and for this process, the registered agreement to sale came to be executed on 21.05.2016 alongwith construction agreement. Out of total amount of Rs.24,80,000/- related to Flat, the amount of Rs.20,84,000/- already paid but then since "H Block" construction was not over, it was conveyed that the petitioner would be given the Flat in "G Block" and then instead of 2017, possession thereof would now be given by August 2018 but even thereafter also, possession has never been given, as a result of which, the petitioner was constrained to lodge a complaint under the provisions of the Gujarat Real Estate (Regulation and Development) Act, 2016 (to be precise would be indicated as RERA). The said complaint was lodged before the Regulatory Authority set up under the Act and upon receipt of the complaint, the Authority namely the Adjudicating Authority has given more than adequate opportunities to the respondent but conveniently respondent No.4 has never appeared, which has ultimately constrained the authority to adjudicate the complaint and the same came to be allowed on 29.10.2018.