JUDGMENT :

Goutam Bhaduri, J.

1. Since both the appeals are against the order dated 18-10-2023 passed by the Chhattisgarh Real Estate Appellate Tribunal, Raipur, (henceforth ‘the Tribunal’) in Appeal No.63 of 2022 arising out of order dated 23-12-2020 passed by the Real Estate Regulatory Authority, Raipur (henceforth ‘the RERA’) in case No.M-PRO- 2020-01049 they are being heard and decided together by this common judgment.

2. MA No.4 of 2024 is preferred by the Chhattisgarh Housing Board whereas MA No.184 of 2023 is preferred by Dr. (Smt.) Monika Pathak.

3. After hearing the parties, the following question emerges for consideration :

Whether as against the pleadings of the parties the Court can frame a new issue in its judgment, which may cause prejudice to the parties ?

4. (i) Brief facts of the case are that on 10-5-2011 Dr. (Smt.) Monika Pathak (henceforth ‘the allottee’) was allotted a house bearing No.Peepal-I/172 in the scheme of the Chhattisgarh Housing Board (henceforth ‘the Board’) namely; Peepal-I. Subsequently, on the request of allottee, the house bearing No.Peepal-I/167 was allotted for which extra amount of Rs. 10,000/- was paid as transfer fees. The last installment was d