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Judgment
The present Application has been filed on behalf of the Complainants on 30.10.2025 seeking rectification/modification of a typographical error in the Final Order dated 23.09.2025 passed by this Authority in Complaint No. 12/08/2024. In the said application, the Complainants have brought to the attention of this Authority an apparent typographical mistake in Para No. 20 of the Final Order dated 23.09.2025, wherein the refund amount has been incorrectly mentioned as "Rs. 12,36,012/-" in the second line of the said paragraph, whereas the correct amount payable to the Complainants is "Rs. 24,66,012/-" (Rupees Twenty-Four Lakhs Sixty-Six Thousand Twelve Rupees Only).
Upon careful examination of the Final Order dated 23.09.2025 and the records of the case, we observe the following:
a. Para No. 2 of the Final Order clearly records that the Complainants paid a total sum of Rs. 24,66,012/- (Rupees Twenty-Four Lakhs Sixty-Six Thousand Twelve Rupees Only) to the Respondents.
b. Para No. 8 of the Final Order categorically states:
"Hence, a total payment of Rs. 24,66,012/- (Rupees Twenty-Four Lakhs Sixty-Six Thousand Twelve Rupees Only) by the Complainants to the Respondents is a recorded fact."
c. The table in Para No. 8 details five instalments paid by the Complainants totalling Rs. 24,66,012/-.
d. However, Para No. 20 of the Final Order, while directing refund, erroneously mentions the amount as "Rs. 12,36,012/-" in the second line, which is manifestly inconsistent with the entire tenor of the order and the admitted facts on record.
It is pertinent to note that under Section 39 of the Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as "RE (RD) Act, 2016" or "Act"), the Authority is empowered to rectify any error that is apparent from the record. Section 39 of the RE (RD) Act, 2016 reads as under:
“Section 39: Rectification of orders
The Authority may, at any time within a period of two years from the date of the order made under this Act, with a view to rectifying any mistake apparent from the record, amend any order passed by it, and shall make such amendment, if the mistake is brought to its notice by the parties:
Provided that no such amendment shall be made in respect of any order against which an appeal has been preferred under this Act:
Provided further that the Authority shall not, while rectifying any mistake apparent from record, amend substantive part of its order passed under the provisions of this Act."
The instant case presents a clear instance of a typographical error that is apparent on the face of the record. The error is not in the substantive part of the order but is merely a clerical/typographical mistake in transcribing the correct amount in Para No. 20. The entire Final Order consistently refers to the total payment made by the Complainants as Rs. 24,66,012/-, and it is this amount that was always intended to be refunded to the Complainants along with interest.
The rectification sought by the Complainants does not involve any amendment to the substantive part of the Final Order dated 23.09.2025. It merely seeks to correct an obvious typographical error to align the stated amount in Para No. 20 with the factual matrix and findings recorded in the rest of the order. Such rectification is well within the scope of Section 39 of the RE (RD) Act, 2016.
In light of the foregoing discussion and in exercise of the powers conferred under Section 39 of the RE (RD) Act, 2016, Para No. 20 of the Final Order dated 23.09.2025 in Complaint No. 12/08/2024 is hereby rectified and shall be read as under:
"20.In the light of the aforesaid, we direct the Respondents M/s Platinum Multistate Cooperative Housing Society to refund the entire amount of Rs. 24,66,012/- (Rupees Twenty-Four Lakhs Sixty-Six Thousand Twelve Rupees Only) to the Complainants i.e. Ms. Neeru Gupta & Mr. Kanav Mahajan within 45 days of issuance of this order along with interest at the rate of 10.80% per annum (MCLR+2%) from the date of payment of each sum until the date of its actual return."
The rectification made herein is purely clerical/typographical in nature and does not alter the substantive part of the Final Order dated 23.09.2025.
This Rectification Order shall form part of and be read along with the Final Order dated 23.09.2025.
The Application dated 30.10.2025 is accordingly disposed of.