For the Complainant                 Mr P C Gupta, Advocate through VC &

                                                Complainant in PERSON

For the Opposite party              Mr Pravin Bahadur, Advocate with Mr Aditya

                                                P N Singh, Mr Abhishek S and Mr Snehil

                                                Srivastava, Advocates

ORDER

Miscellaneous Application 485 of 2023 (for modification)

1.     This Application filed against the order dated 04.07.2023 passed in CC No. 962 of 2019 seeks modification/clarification of the order dated 04.07.2023 in CC No. 963 of 2019 on the grounds that certain dates have been inadvertently/incorrectly recorded.

2.     Complainant filed his reply to the MA stating that:-

“Possession letter dated 23.11.2018 at page 128 of the complaint received on 21.10.20219 under protest. Thus, letter dated 17.02.20217 terming as possession letter is nothing but with a motive as stated”.

3.     Heard the learned counsel for the Complainant and the Opposite Party on MA No. 485 of 2023. The prayer of the Opposite Party is to:

“Correct/ Modify Para 2 of the order dated 04.07.2023 to the extent of correcting the date of Offer of possession to 17.02.2017”.

4.     As per letter dated 17.02.2017, it is evident that the complainant has been asked to pay the balance amount and complete the documentation requirements to enable handing over of possession. However, the letter dated 23.11.2018, at page 126 of the complaint, is as a response to the complainant's request for physical possession. This “Possession Letter”, dated 23.11.2018, states that:-

“This is to inform you that at your request, we have arranged to handover physical possession of the said property to you on or before 03.01.2019”.

5.     It is worth noting that the letter dated 17.02.2027, explicitly states that the Occupation Certificate has been issued by the relevant authority.

6.     In view of the submission and records available it is evident that the offer of possession was dated 17.02.2017. The order of this Commission dated 04.07.2023 has, however, recorded the date as 27.06.2017 which is an inadvertent error.

7.     In view of the above, the MA is allowed to rectify the date as prayed. The relevant portion of the order shall be read as under:

     “2………..It is further contended that the Complainant has already been offered possession vide letter dated 17.02.2017 and they have not come forward to make the complete payment and take possession and delay in taking possession was not their fault.”

8.   In light of the above, para 2 of the order dated 04.02.2017 stands corrected.

9.     MA is disposed of as allowed.