SHAILENDRA JAIN Vs. IREO GRACE REALTECH PRIVATE LIMITED

JUDGEMENT

(1.) The complainant has filed the present review application no.189 of 2022 against the order dtd. 28/7/2022 passed by this Commission in CC no. 1219 of 2019 - Mr Shailendra Jain vs Ireo Grace Realtech Private Limited. , on the ground that the order has erroneously held that Tower B - 3 falls in Chart A of the order passed by the Hon'ble Supreme Court in Ireo Grace Realtech Pvt., Ltd., vs Abhishek Khanna.

(2.) I have gone through the review application and the documents on record. It is seen from the records that the complainant had initially booked a flat in Tower B 3 of the project of the opposite party and that this was subsequently changed on 1/8/2016 vide transfer letter by the opposite party to flat number 1103 in Tower C 10. The case of the complainant falls in the category of Chart B as per the order passed by the Hon'ble Supreme Court in the case of Ireo Grace Realtech Pvt. Ltd., vs Abhishek Khanna and Ors., (2021) 3 SCC 241 dtd. 11/1/2021, as Tower B is covered under Chart B of the order (Supra), and hence, the complainant is entitled for full refund with interest and costs.

(3.) Accordingly, I find that there is an error apparent on the face of the record in the final order dtd. 28/7/2022 which needs to be corrected. In view of the above, the review application filed by the complainant is allowed and following directions are hereby passed: