| 1 |
WBREAT / APPEAL NO. 03/2023 |
M/ S JALAN BUILDERS PRIVATE LIMITED |
SWAPNA ROY AND PRABUDDHA ROY |
Order No. 05 dated 09-08-2023 |
Hon'ble Judicial Member and Hon'ble Administrative Member |
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2024-07-18 |
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| 2 |
WBREAT / APPEAL NO. 03/2023 |
M/ S JALAN BUILDERS PRIVATE LIMITED |
SWAPNA ROY AND PRABUDDHA ROY |
Order No. 04 dated 07-08-2023 |
Hon'ble Judicial Member and Hon'ble Administrative Member |
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2024-07-18 |
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| 3 |
WBREAT / APPEAL NO. 03/2023 |
M/ S JALAN BUILDERS PRIVATE LIMITED |
SWAPNA ROY AND PRABUDDHA ROY |
Order No. 03 dated 21-07-2023 |
Hon'ble Judicial Member and Hon'ble Administrative Member |
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2024-07-18 |
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| 4 |
WBREAT / APPEAL NO. 03/2023 |
JALAN BUILDERS PRIVATE LIMITED |
SWAPNA ROY AND PRABUDDHA ROY |
Order No. 02 dated 14-07-2023 |
Hon'ble Judicial Member and Hon'ble Administrative Member |
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2024-07-18 |
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| 5 |
WBREAT / APPEAL NO. 03/2023 |
JALAN BUILDERS PRIVATE LIMITED |
SWAPNA ROY AND PRABUDDHA ROY |
Order No. 01 dated 10-07-2023 |
Hon'ble Judicial Member and Hon'ble Administrative Member |
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2024-07-18 |
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| 6 |
REAT/APPEAL NO. 02 / 2023 |
HEMONT KUMAR SIKARIA |
SATAPARNA RAY |
ORDER dated 12 - 07 - 2023 |
Hon'ble Judicial Member and Hon'ble Administrative Member |
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2024-07-18 |
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| 7 |
REAT/APPEAL NO. 02 / 2023 |
HEMONT KUMAR SIKARIA |
SATAPARNA RAY |
Order No. 04 dated 12 - 07 - 2023 |
Hon'ble Judicial Member and Hon'ble Administrative Member |
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2024-07-18 |
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| 8 |
REAT/APPEAL NO. 02 / 2023 |
HEMONT KUMAR SIKARIA |
SATAPARNA RAY |
Order No. 03 dated 05 - 07 - 2023 |
Hon'ble Judicial Member and Hon'ble Administrative Member |
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2024-07-18 |
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| 9 |
REAT/APPEAL NO. 02 / 2023 |
HEMONT KUMAR SIKARIA |
SATAPARNA RAY |
Order No. 02 dated 30 - 06 - 2023 |
Hon'ble Judicial Member and Hon'ble Administrative Member |
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2024-07-18 |
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| 10 |
REAT/APPEAL NO. 02 / 2023 |
HEMONT KUMAR SIKARIA |
SATAPARNA RAY |
Order No. 01 dated 27 - 06 - 2023 |
Hon'ble Judicial Member and Hon'ble Administrative Member |
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2024-07-18 |
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| 11 |
WBREAT/APPEAL No.- 01/2023 |
Shri Motilal Jhalani |
M/s Bengal Shrachi Housing Development Ltd. |
Judgment dated 18-08-2024 |
Hon'ble Judicial Member and Hon'ble Administrative Member |
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2024-07-16 |
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| 12 |
REAT/APPEAL No.- 01/2023 |
Shri Motilal Jhalani |
M/s Bengal Shrachi Housing Development Ltd. |
Order dated 30-01-2024 |
Hon'ble Judicial Member and Hon'ble Administrative Member |
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2024-07-16 |
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| 13 |
WBREAT/APPEAL No.- 01/2023 |
Shri Motilal Jhalani |
M/s Bengal Shrachi Housing Development Ltd. |
Order dated 25-01-2024 |
Hon'ble Judicial Member and Hon'ble Administrative Member |
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2024-07-16 |
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| 14 |
REAT/APPEAL No. - 01/2023 |
Shri Motilal Jhalani |
M/s Bengal Shrachi Housing Development Ltd. |
Order No. - 11 dated 18-08-2023 |
Hon'ble Judicial Member and Hon'ble Administrative Member |
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2024-07-16 |
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| 15 |
REAT/APPEAL No. - 01/2023 |
Shri Motilal Jhalani |
M/s Bengal Shrachi Housing Development Ltd. |
Order No.- 10 dated 09-08-2023 |
Hon'ble Judicial Member and Hon'ble Administrative Member |
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2024-07-16 |
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| 16 |
REAT/APPEAL No. - 01/2023 |
Shri Motilal Jhalani |
M/s Bengal Shrachi Housing Development Ltd. |
Order No. - 09 dated 01-08-2023 |
Hon'ble Judicial Member and Hon'ble Administrative Member |
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2024-07-16 |
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| 17 |
REAT/APPEAL No.- 01/2023 |
Shri Motilal Jhalani |
M/s Bengal Sharachi Housing Development Ltd. |
Order No. - 08 dated 18-07.2023 |
Hon'ble Judicial Member and Hon'ble Administrative Member |
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2024-07-16 |
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| 18 |
REAT/APPEAL No. 01/2023 |
Shri Motilal Jhalani |
M/s Bengal Sharachi Housing Development Ltd. |
Order No. - 07 dated 11.07.2023 |
Hon'ble Judicial Member and Hon'ble Administrative Member |
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2024-07-16 |
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| 19 |
REAT/APPEAL No.- 01/2023 |
Shri Motilal Jhalani |
M/s Bengal Shrachi Housing Development Ltd. |
Order No.- 06 dated 26-06-2023 |
Hon'ble Judicial Member and Hon'ble Administrative Member |
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2024-07-15 |
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| 20 |
REAT/APPEAL No.- 01/2023 |
Shri Motilal Jhalani |
M/s Bengal Shrachi Housing Development Ltd. |
Order No. - 5 dated 21-06-2023 |
Hon'ble Judicial Member and Hon'ble Administrative Member |
BEFORE THE WEST BENGAL REAL ESTATE APPELLATE TRIBUNAL
KOLKATA - 700 075
APPEAL NO. REAT/APPEAL No. – 01/2023
Present: 1. Shri Gour Sundar Banerjee
Hon'ble Judicial Member
The record is taken up for order which arose out of Order No. 04 dated, 12.06.2023. The Respondent(M/s Bengal Shrachi Housing Development Ltd.) filed written objection vide Notary affidavit and the same is accepted and kept in the record. Fixing todt i.e. 26.06.2023 at 2.00 p.m. for Hearing of Appeal in presence of both sides. Let the copy of this order be sent to Appellant, Respondent, Secretary-in-Charge, REAT and WBRERA Authority for information.
Till now at 4.10 p.m. no original record is received from RERA Authority. Issue reminder for sending the same before the next date.
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2024-07-15 |
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| 21 |
REAT/APPEAL No. - 01/2023 |
Shri Motilal Jhalani |
M/s Bengal Shrachi Housing Development Ltd. |
Order No. - 04 dated 12-06-2023 |
Hon'ble Judicial Member and Hon'ble Administrative Member |
The appellant is present in person by filing Hazira. Learned Advocate Shri Dhruba Brata Basu and Smt. Aishwarya Jayshree (Senior Manager Legal) of respondent Company appeared by filing Hazira duly signed by Authorised Signatory of respondent Company. Heard both sides. Learned Advocate prayed for time for filing written objection by affidavit. Appellant raised objection and prayed for cost. Considering all aspect it reveals that on the first date, the respondent has appeared and accordingly should get time to file written objection by affidavit and as such there is no question of imposing any cost. Fix 21/06/2023 for filing written objection by affidavit after service of copy to the appellant by speed post as well as via e-mail on the part of respondent and also fix 26/06/2023 at 2 pm. for hearing the matter in presence of both sides. The impugned order No. 2, dated 06/04/2023 has already been stayed till further order. The parties are to file relevant documents if any for proper adjudication of this case after service of copies to other side. Call for original record of complaint number wbrera.com (physical) 000038 from the Ld. West Bengal Real Estate Regulatory Authority in the mean time. Let the copy of this order and cause list be sent to the both parties and Secretary in-charge and West Bengal Real Estate Regulatory Authority for information. |
2024-07-15 |
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| 22 |
REAT/APPEAL No. 01/2023 |
Shri Motilal Jhalani |
M/s Bengal Shrachi Housing Development Ltd. |
Order No.- 03 dated 02-06-2023 |
Hon'ble Judicial Member and Hon'ble Administrative Member |
The record is taken up for admission hearing in presence of Appellant Mr. Motilal Jhalani who is present in person by filing Hazira. It may be mentioned that in the earlier order dated 30.05.2023 no order number was mentioned due to typographical mistake and accordingly let the order No. be corrected. Heard the appellant who made his submission before the Bench.
It may be mentioned that as per provisions of RERA this two membered Bench is legally entitled to hear this Appeal.
Perused the record from which it reveals that the present appeal is filed challenging the order No. 2 dated 06.04.2023 passed by Ld. West Bengal Real Estate Regulatory Authority by which the complaint of appellant was rejected. It further reveals that it was the contention of the appellant before the Ld. Authority for delivery of possession of flat booked by him at Rs. 11,40,000/- (Rupees Eleven Lac forty thousand only) from the respondent Housing Company namely M/s Bengal Shrachi Housing Development Ltd. It was the further contention of the appellant before the Ld. Authority that the Annexure B-7 / B-8 i.e. Notification issued by Govt. of West Bengal is not applicable in this case and he is not liable to pay the price of the flat at revised rate as claimed by the respondent Company.
Having considered all the facts and circumstances, we are of opinion that it is a fit case for admission, accordingly the instant Appeal is admitted. Let the impugned order no. 2 dated 06/04/2023 passed in complaint number wbrera.com (physical) 000038 be stayed till further order.
Let a copy of this order be sent to the respondent by speed post and by e-mail to the Respondent for appearance in person or by representative.
The Secretary in-charge is to ensure the deposit of application money deposited vide DD No. 357579 dated 08/05/2023 in the account of West Bengal Real Estate Appellate Tribunal.
Appellant is to take steps for sending copy of order along with copy of Memorandum of Appeal and any new documents, if any, which he did not file before the Ld. Authority fixing 12/06/2023 at 2 pm. for SR/appearance/WO.
Let the matter be published in diary and cause list under the signature of Secretary in-charge. Let a copy of this order by sent to the Ld. Authority and Secretary in-charge West Bengal Real Estate Appellate Tribunal and the appellant for information.
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2024-07-15 |
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| 23 |
REAT/APPEAL No.- 01/2023 |
Shri Motilal Jhalani |
M/s Bengal Shrachi Housing Development Ltd. |
Order No. dated 30-05-2023 |
Hon'ble Judicial Member and Hon'ble Administrative Member |
The record is placed before the bench. Perused the record. Memorandum of appeal has been filed within well limitation period. Seen the petition filed by the appellant Motilal Jhalani praying for permission to plead the appeal by himself. Prayer is allowed. Provisionally the record is in order. Fix on 02/06/2023 at 2.00 p.m. for hearing the appeal on admission. Let a copy be sent to appellant by email and let the date of hearing be placed in cause list. |
2024-07-15 |
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| 24 |
REAT/APPEAL No.- 01/2023 |
Shri Motilal Jhalani |
M/s Bengal Shrachi Housing Development Ltd. |
Order No.-1 dated 26-05-2023 |
Hon'ble Judicial Member and Hon'ble Administrative Member |
The record is placed before the bench. Perused the Note Sheet of Section Officer. Provisionally the Memorandum of appeal is in order. Let the DD No. 357579 dated 08/05/2023 of Rs. 1000/- (one thousand only) be kept in official safe custody of O/s till further order fixing 30/05/2023 for scrutiny and further order. |
2024-07-12 |
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