Mr Shailendra Jain vs Ireo Grace Realtech Private Limited

Subhash Chandra, Presiding Member

The complainant has filed the present review application no.189 of 2022 against the order dated 28th July 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.

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 01.08.2016 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 dated 11.01.2021, 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.

Accordingly, I find that there is an error apparent on the face of the record in the final order dated 28th July 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:

i. The opposite party is directed to refund the entire amount deposited by the complainant along with interest @ 9% p.a. with effect from 27.11.2018 till the date of payment of the full amount.

ii. The refund shall be paid within 3 months from the date of this order.

iii. The opposite party shall be liable to pay interest @12% simple interest in case of default.