BEFORE THE LD.

UP RERA AUTHORITY, BENCH- 1A,

GREATER NOIDA, UTTAR PRADESH
COMPLAINT NO. NCR145/04/89496/2022

AVINASH SHIVPURI …COMPLAINANT/ALLOTTEE

VERSUS

MAHALUXMI REALTECH PVT. LTD …RESPONDENT/PROMOTER

APPLICATION SEEKING RESTORATION OF COMPLAINANT

DISMISSED IN DEFAULT VIDE ORDER DATED 23.09.2022

The above-named Complainant

Most Respectfully Submits:

1. That the Complainant has filed the present complaint against the
above-named Respondent/Promoter seeking possession and payment
for interest of delay with respect to the unit bearing AMULYA-SUN
4-1611 in the project MIGSUN ROOF of the Respondent.

2. That the captioned complaint was pending adjudication before the

Ld. Authority on 23.09.2022 and was listed for filing of written
statement by the Respondent, however the same was dismissed in
default by the Ld. Authority due to non-appearance of the
Complainant or their representative.

3. It is submitted that due to the technical complexity of the matter and

the email containing the next hearing date and video conferencing link
being mistakenly classified as spam by the email service provider, the
Complainant was unable to attend the scheduled hearing before the
Ld. Authority
4. It is submitted that the absence of the Complainant or their counsel on
23.09.2022 was neither willful nor intentional but due to above-stated
bonafide reasons. Therefore, in the interest of justice the complaint
case be restored to its original position so that the substantial dispute
involved in the complaint be adjudicated upon on its merits by this
Hon’ble Authority.

5. That the present application is being filed promptly at the earliest

possible opportunity after being aware of the fact of dismissal of
complaint due to non-appearance.

6. If the present complaint is not restored the applicant/complainant will

suffer irreparable loss.
PRAYER
The Complainant therefore most humbly pray that this Hon’ble Authority
may be pleased to pass the following orders:
A. Allow this application and restore the complaint dismissed for non-
prosecution to its original position so as to disposed on merit in
accordance with law.
B. Pass any such other orders/direction, which this Hon’ble Authority
may deem appropriate against the Respondent in the present facts and
circumstances of the case
Complainant
Through

Kriti Ranjan
Advocate
65 D DDA Pocket-I, Mayur Vihar Phase 1
Date: 17.04.2023 Delhi- 110091
Ph. No. + 91 9582878867
Email- kriti2853@gmail.com