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Judgment
The Final Order in this matter was pronounced on 17.09.2024. Para 8 of the Final order dated 17.09.2024 reads as under:
“A perusal of the documents available on record shows that three receipts were issued by the Respondents dated 04.08.2017, 19.11.2017 and 19.11.2017 acknowledging deposits of Rs. 72,000/-, Rs. 4,62,315/- and Rs. 5,28,870/- respectively. Hence, a total payment of Rs. 10,63,185/- (Rupees Ten Lakh Sixty-Three Thousand One Hundred and Eighty-Five Only) by the Complainant to the Respondents is a recorded fact.”
The complainant through her application dated 11.11.2024, has pointed out tat the dates of receipts mentioned in para 8 of Order dated 17.09.2024 have been wrongly mentioned.
Upon scrutiny of the records, it is observed that under para 8, the date of the receipts was inadvertently mentioned as 04.08.2017, 19.11.2017 and 19.11.2017.
The correct dates mentioned in the receipts are as stated in the following table:
| S. No. | Date of Receipt | Amount paid |
|---|---|---|
| 1. | 14.11.2019 | Rs. 72,000/- |
| 2. | 28.11.2019 | Rs. 4,62,315/- |
| 3. | 16.01.2020 | Rs. 5,28,870/- |
| TOTAL | Rs. 10,63,185/- |
The error as stated above of the Final Order dated 17.09.2024 is clearly a typographical error and constitutes a mistake apparent from the record.
Section 39 of the Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as ‘RE(RD) Act, 2016’), which reads as follows:
"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."
Therefore, in exercise of powers under Section 39 of the RE(RD) Act, 2016, it is hereby ordered that para 8 of the final Order dated 17.09.2024 shall be read as below:
“A perusal of the documents available on record shows that three receipts were issued by the Respondents dated 14.11.2019, 28.11.2019 and 16.01.2020 acknowledging deposits of Rs. 72,000/-, Rs. 4,62,315/- and Rs. 5,28,870/- respectively. Hence, a total payment of Rs. 10,63,185/- (Rupees Ten Lakh Sixty-Three Thousand One Hundred and Eighty-Five Only) by the Complainant to the Respondents is a recorded fact.”
This clarification shall be read as part and parcel of the Final Order dated 17.09.2024. All other contents, directions, and findings in the Final Order dated 17.09.2024 shall remain unchanged. Copy of this order be sent to both parties and be uploaded on the website of the Authority.
File be consigned to records room.