Today is fixed for hearing of the Miscellaneous Application being No. 39/2021 which was filed by the landlord. The Ld. Advocate appearing for the developer files two applications - one for rejection of complaint in so far as it relates to OP 1 and 2 and another for recall of order dated 17.12.2020 on the ground stated therein. Copies of both the applications are served upon the Ld. Advocate of the complainant. The application dated 26.05.2022 for recall of the order is registered as MA/74/2022 and the application dated 26.05.2022 for rejection of the complaint is registered as MA/73/2022. All the three aforesaid miscellaneous applications are taken up for hearing with the consent of the Ld. Advocates of the both sides.

Since this court is not empowered to recall its own order the miscellaneous application being no. 74/2022 stands rejected. The MA/74/2022 is thus disposed of.

The MA/73/2022 for rejection of complaint as against OP 1 and 2 is also taken up for hearing. After hearing the Ld. Advocates on both sides and perusing the application and material available on record, we find that the case is running exparte as against OP 1 and 2 and this is why they did not and does not have any right to prefer any such application. Therefore, the MA/73/2022 is rejected.

MA/39/2021 is taken up for hearing. After giving opportunity of being heard to the Ld. Advocate of both sides and perusing the material available on record we find that the Ld. Advocate of the OP 3 to 7 has wanted to say that the complaint case should be dismissed as it is premature one and as the complainant being a prospective purchaser has already received a part payment.

From the record, it is apparent that the agreement for sale which was executed on 10.11.2018 was subsequently cancelled on 17.07.2019 with an assurance given by the developer that refund of the paid amount would be made within 90 days. The complainant is a consumer and due to cancellation of the agreement on 17.07.2019 he was entitled to get back the paid amount with or without interest, compensation and cost. Therefore, the Miscellaneous Application being No. 39/2021 appears to be devoid of any merit. Hence, it is rejected.

05.07.2022 is fixed for filing questionnaire.

Let a plain copy be given to the parties free of cost as per CPR.

Dictated and corrected by

[HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT