REGULATORY

IN THE HON'BLE U.P. REAL ESTATE

AUTHORITY, LUCKNOW

Recall Application No. /2023

Applicant
Shriji Infrahouse Pvt. Ltd.
Vs.
Laxmi Kant Gupta ...Opposite Party

In Re:
LKO118/04/92338/2022
Laxmi Kant Gupta ...Complainant
Vs.
...Promoter
Shriji Infrahouse Pvt. Ltd.
INDEX

Si. No. Particulars Page No.

1. Application for recalling the order dated

28/12/2022

2 Affidavit in Support of Recall Application o2-o4

3. Complaint Copy LKO118/04/92338/2022

(PHOT0copY) - TRUE Copy.

4. Order dated 28/12/2022 - TRUE COPY oR-14

(PHOtO CceY)
5 Vakatnama

6. ID Proof
16

Lucknow
Dated: 1S632023 Kaviy Síngh
Advocate
Counsel for Applicant
UPO3622/15
AOR-B/KO502
9821246021/8765154775
 IN THE HON ELEUF. REAL ESTATE REGULATORY
AUTHORITY, LUCKNOW
Recall Arplication No. /2023

Shrgilnfraheuse Nt Ld Applicant
LAKni Kant Cupta Opposite Party
In Re:

LKO113/04/92338/2022
Laxni Kant Gupta Complainant
Vs
Shriji Infrahouse Pvt. Ltd Promoter

APPLICATION FOR RECALLING THE

ORDER DATED 28/12/2022 PASSED BY HON BLE JUDGE
KALPANA MISHRA

The above-named applicant/appellant most respectfutly begs to submit

As under

That for the facts, reasonis and circumstances stated in the

accompanying affidavit, it is most respectfully prayed that this Hon ble
Court may kindly be pleased to recall the order dated 28.122022
passed by Honble Judge Kalpana Mishra in the instant petition,in the
interest of justice.
Luckno
Dated: 3503 |23 Kaviya Singh
Advocate
Counsel for Applicant
UPO3622/15
AOR-B/ KO502
9821246021/8765154775
 IN THE HON'BLE U.P. REAL ESTATE REGULATORY
AUTHORITY, LUCKNOW
Recall Application No. /2023

ShrijiInfrahouse Pvt. Ltd. Applicant

Vs.
Laxmi Kant Gupta ...Opposite Party
In Re:
LKO118/04/92338/2022
Laxmi Kant Gupta .Complainant
Vs.
ShrijiInfrahouse Pvt. Ltd. ...Promoter

AFFIDAVIT IN SUPPORT OFAPPLICATION FOR RECALLING THE

ORDER DATED 28/12/2022 PASSED BY HON'BLE JUDGE
KALPANA MISHRA

I, Mukesh Kumar Sharma aged about 42 years s/o Laxmi Narayan

Sharma,r/o 319, Chamrauli Mod, near T.V. Tower, Samshabad
Road, Basai, Agra, Uttar Pradesh-282001, do hereby solemnly
affirm and state on aoth as under:

1. That the deponent is one of the directors of the Applicant Company

"Shriji Infrahouse Pvt. Ltd".
2. That a case was filed by one of the buyer/allottee on 03-04-2022

before the Real Estate Regulatory Authrority, Lucknow.

3. That the proceedings Were conducted against the

applicant/ promoter ex-parte without hearing his side of arguments.

4. That the authority has granted an order of refund against the
applicant/promoter and in favour of the complainant.
5. That nonotice was received by the applicant/promoter of this case

and thus opportunity of being heard has not been exercised before

the Authority.
 o3

6. That it is also to submit here that on 24-03-2022 and also on 06

08-2022 an application was filed before the Agra Developrnent
Authority, Agra for issuing occupancy andcompletion certificateas
the construction of the units were completed in 2019 itself and
provisional NOCs were all in the procedure in obtaining as per the
Uttar Pradesh Apartment Act, 2010 within the same period.
7. That a publication was also done by Real Estate Regulatory
Authority, Lucknow before proceeding ex-parte but it is pertinent
to mention here that the same publication was done in Lucknow
whereas the applicant company is from Agra, hence it could not get
informed of any proceeding being conducted against it.
8. That it is interest of justice that the recall application be heard as
already the units have been completed and since the applicant
company has asked all its buyers to proceed registry, it is an effort

made by the buyer with a malign intention to not proceed with

registry.
9. That it is also to mention here that out of 60 units before 2020, 30
registries were already proceeded and hence a Resident Welfare

Association was formed to deal in with the issues of residents

taking possession and other maintenance issues.

10. That the complaint filed by the buyer/allottee is an illegal act as
per the provisions of the RERA Act and just meant to create a

pressure over builder to reduce the delay penalty that is to be paid

by the allottee to promoter.

11. That it is also to be brought before this Hon'ble Forum that the
applicant got to know about the order only on 20/3/ 2023 when the
father in law of the buyer "Laxmikant Gupta" reached out to the
office of theapplicant company with the copy of the order.

12. That immediately a callwas established between the buyer and

one of the directors, Vijay Singh and he was informed about the
development that has been done in the society and was offered to
take possession as already applications for completion has been
proceeded, to which he bluntly denied for the reasons best known
to him.

13. That for all the reasons stated above, the recall application is

prayed to be allowed and opportunity be given to the applicant to

be heard.

14. That in the light of the extra ordinary conditions, it is most

humbly requested that the order dated 28/12/2022 may kindly be
recalled and the complaint be restored to its original number.
Lucknow

Dated: 2S o323 Deponent

VERIFICATION

1,the deponent named above do hereby verify that the contents of

paras l to 14 are true to my own knowledge. No part of it is false
and nothing material has been concealed.
So help me God.
Lucknow

Dated:
2s]o9|23 Deponent
 Complaint Status

Comgaint Current Statu

Comglai N b
Date of Fegistration of Complaint
Statu

Complainant Against Detaits

Complairt Against

Proect Details STHFLOOR 08 AUTLPAA SANAY PACI ARRU 282002 IN

MEE SVER VALEY
Copetent Authority Agra ele Atty
District

Compiainant Detais
Name Lakart Cipta
eabaf oad Agra 282001 Lnar Pradest
Adreas
Mobie No

Corpiant Details
Apatment/Plot No Booked Tot Value of ApatmentPlot 2171000 00
2784 100 00 Grace Period
Aourt Paid Til Date

Docunentary Proots for Various Date iy Allotee

ae
AeplicationBockig Fom Dete of AsplcaionBong of Ut 1603 2015
16032015
Alotmert Letter
Eate of Con en For Sa 1503-2017
Agreenert for kain
 aymentmadettothe promoter -O6
pomentl made to the promoter
fe Yes
IentType Individual Receipt
Amount
197
700000
diary 16032015
Cash entry in b00000
16 03.2015
200000
16 03 2015
209 300000
222
08 06 2015
100000
242
08 07-2015
200000
08 12 2015
268
100000
idbi177
06 04-2016
80100
9 dbi1261 2012 2016
100000
20 12-2016
10 idbi1298
200000
11 idbi1387 14 03-2017
175000
17.12 2017

Details of Payment Received from the Promoter

Details of Payment Received from the
Promoter No

Details of Re-imbursement by the Promoter of the

EMI paid by the Allottee
Details of Re-imbursement by the Promoter of the EMI paid by the No
Allottee

Details of Repayment of Loan

Details of Repayment of Loan
No

Details of Bank Loan

Details of Bank Loan
No

Grounds For Complaint

Relief Sought Request Refund
Type
Sno Ground Name
Remark
Delay in handing over the possession Promotor has not offered the possession of the
1 property until date Promotor has been insisting for the
of Unit (Delay Duration 59 Months)
registration of the flat by paying the fullamount even without completing the constuction.
Inability of promoter to deliver the unit The promotor has not shared the copy iof
2 completion certificate. The internal finishes are incomplete.
as per Agreement for Sale Poor quality of construction.

Hearing Details
Hearing Date
Proceedings
Hearing -1 29-09-2022

Hearing- 2 26-07-2022

Hearing -3 27-05-2022
 Docuroent Harme
Bubing tront photo
constructioet
qalily of irternaiondtion of the buiding
Poot conslnuctong
of
Poorquolily

Execution
Order
deguestfor Received
ErocutionRoquest
Yes
NoticoIsSUed
Notico Date
1102 2023

RC Issuod NG

Complaint fee Details

1000
Amount
Payment Date 03-04-2022

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Last reviewed and updated on 22 Mar 2023 Version.191