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Judgment
The case was reserved for orders on 06.11.2024 and pronounced in open court on 17.12.2024.
The Applicant/Complainant filed an application dated 13.02.2025, stating that on Page No. 1 of the Final Order dated 17.12.2024 the complaint number has been erroneously mentioned as Com/07/05/2023, whereas the actual complaint no. is Com/01/04/2023.
The Applicant/Complainant has sought rectification of this typographical error through the present application.
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 can rectify any error that is apparent from the record. The text of section 39 of RE (RD) Act, 2016 is reproduced below:
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 Authority observes that there has been a typographical mistake which can be corrected under section 39 of the RE(RD) Act, 2016 as the said correction is purely clerical and do not alter the substantive findings, reasoning or operative portions of the original order.
This Authority, having examined the application, hereby orders the rectification of the typographical error on Page 1 of the Final Order dated 17.12.2024 in complaint no. 01/04/2023 as under:
“The complaint number incorrectly entered as "Com/07/05/2023" shall be corrected to read as "Com/01/04/2023”.”
The relevant portion of Page 1 of the Final Order stands rectified accordingly. Correction done in the original order is endorsed.
The present rectification order shall be read as part and parcel of the main order. Thus, this order shall be annexed to the final order dated 17.12.2024 and be uploaded on the website.