JUDGMENT

Amol Rattan Singh, J. - Vide this judgment, we are disposing of three writ petitions, i.e. CWP nos.7738, 7750 and 9942 of 2022.

The first two petitions are wholly on the same issue and in fact challenging the same order, with the petitioner also being the same in both, the only reason for filing two separate petitions being that the impugned order disposes of complaints filed by different persons against the same petitioner (company) and consequently the said company in its wisdom chose to file two petitions qua the different complainants, even though the impugned order is common.

The 3rd petition, i.e. CWP no.9942 of 2022, in one of its aspects, i.e. waiver of the pre-deposit to be made in terms of Section 43 (5) of the Haryana Real Estate (Regulation and Development) Act, 2016, is the same as the first two petitions and as a matter of fact as would be seen from this judgment, eventually the merits of the cases of any of the petitioners are not being touched upon by this court in exercise of jurisdiction under Article 226 of the Constitution of India, there being an effective alternate remedy under the provisions of the aforesaid Act by way of appeals before the learned appellate tribunal constituted under Section 43 of the Act.

In view of the fact that one of the key issues raised in the 3rd petition is with regard to the manner of execution of the orders impugned in that petition, with reference to Section 40 of the aforesaid Act, they are both being dealt with separately, in Parts I and II of this judgment respectively.

Part I

CWP No. 7738 and 7750 of 2022

2. Vide these petitions, the same petitioner (company) has challenged the common order passed by the learned Adjudicating Officer, Haryana Real Estate Regulatory Authority, dated 31.03.2021, by which, essentially, the petitioner has been directed to refund a sum of Rs.48,49,864/- to respondent no.1 in CWP no. 7738 of 2022 and a sum of Rs.50,49,387/- to respondents no.1 and 2 in CWP no.7750 of 2022.

The aforesaid direction has been given while deciding separate complaints filed by the said respondents in each petition, before the Haryana Real Estate Regulatory Authority (hereinafter referred to as the Authority) with the said order also having disposed of a 3rd complaint filed by one Nitin Suri and Priyanka Suri, but with the petitioner company not having challenged the same order order as regards Nitin Suri and Priyanka Suri, (or at least no such challenge before this court having been brought to our notice).

3. The facts, for convenience, are being taken from CWP no.7738 of 2022, with the prayer in each petition as also the legal issues in each, being the same.

4. The admitted case even as per the petitioner in its petitions, is that it has been issued a licence by the respondent State of Haryana to develop a residential housing project in Sector-33, Sohna, Gurugram; and specifically that part of the project as affects the aforesaid respondents in these petitions, has been given the nomenclature of Project ARETE. Respondent no.1 in CWP no.7738 of 2022 was allotted Flat no.C-2002, 19th Floor, in the said project, with the area of the flat measuring 118.45 sq. mtrs. and with the total sale consideration settled between the petitioner and the said respondents being Rs.71,16,975/-, out of which the said respondent has already paid Rs.48,19,864/-.

A 'Builder Buyer Agreement' dated 20.06.2015 was also executed between the parties and possession of the flat was to be delivered to respondent no.1 by 20.12.2019.

5. It has also