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Execution Application

Urmila Tayal and Ambika Garg filed an application for the execution of an order dated August 5, 2022 passed by the Haryana Real Estate Regulatory Authority against Parsvnath Developers Ltd. The order directed the developer to refund the amount paid by the complainants for a plot booking along with interest, after the developer expressed its inability to offer the plot and agreed to refund the amount. The application seeks immediate intervention from the Authority to enforce the order as the developer has failed to comply by refunding the amount along with additional interest calculated until realization of the relief. Penalties and legal action are also requested against the developer for non-compliance with the order.

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1K views2 pages

Execution Application

Urmila Tayal and Ambika Garg filed an application for the execution of an order dated August 5, 2022 passed by the Haryana Real Estate Regulatory Authority against Parsvnath Developers Ltd. The order directed the developer to refund the amount paid by the complainants for a plot booking along with interest, after the developer expressed its inability to offer the plot and agreed to refund the amount. The application seeks immediate intervention from the Authority to enforce the order as the developer has failed to comply by refunding the amount along with additional interest calculated until realization of the relief. Penalties and legal action are also requested against the developer for non-compliance with the order.

Uploaded by

Aryan Srivastava
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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BEFORE THE HON’BLE HARYANA REAL ESTATE REGULATORY

AUTHORITY,
PANCHKULA, HARYANA

EXECUTION NO. RERA-PKL-3243-2022

URMILA TAYAL & AMBIKA GARG …..Judgement Creditors

Versus

M/s PARSVNATH DEVELOPERS Ltd. …..OP/Judgement Debtor

APPLICATION ON BEHALF OF DECREE HOLDER FOR THE EXECUTION OF


ORDER DATED 05.08.2022 PASSED BY THIS HON’BLE AUTHORITY.

RESPECTFULLY SHOEWTH

1. That, we the judgement creditors i.e. Urmila Tayal & Ambika Garg made a
booking of plot with M/s Parsvnath Developer Ltd. on 13.09.2004 and we had
made a payment of rupees 2, 25,000/- at the time of booking and rupees 5,
35,000/- was made on 07.02.2006. In total I have paid rupee 7, 60,000/- against
the total sale consideration of rupees 22, 00,000/-. The Developer has admitted
that the payment of Rupees 7, 60,000/- has been received by him against said
booking and their predecessor-in-interest. After that the developer had verbally
assured me to handover to possession of plot till 4 th quarter of 2008. After that
when the developer failed to handover the possession of said plot, I had filled a
complaint with Haryana Real Estate Regulatory Authority, Panchkula on
05.04.2022 having complaint no. RERA-PKL-534-2022.

2. That after hearing arguments of both the parties i.e., the complainant and the
respondent and while deciding the matter on merits the said authority passed an
order on 05.08.2022 and stated “that during oral arguments both parties
reiterated their arguments as were submitted in writing. Learned Counsel for
respondent also argued that respondent does not have any plot available with
them to be offered to complainant, but is ready to refund the amount” and “that
the respondent has expressed its inability to offer plot to the complainants and is
agreeable to refund the amount deposited. For these reasons, a case is clearly
made out to allow relief of refund as sought by complainants deserve to be
granted”.

3. The Authority directs to the developer to refund the complainants the amount paid
by them along with interest at the rate prescribed in Rule 15 of Haryana Real
Estate (Regulation and Development) Rules, 2017 i.e. at the rate of SBI highest
marginal cost of lending rate (MCLR)+2%.

That, we further seek immediate intervention of this Hon’ble Authority to enforce the
order/judgement dated 05.08.2022 through execution as the Respondent has failed to comply
with the order and direct the Respondent to refund the amount as per order along with the
interest of further months from August 2022 to till the realization of relief, may also be
calculated. And penalty as well as legal action may be initiated against the Respondent for
non-compliance of order within stipulated time-period.

Prayed Accordingly

JUDGEMENT CREDITOR

Urmila Tayal & Ambika Garg

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