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2021 Supreme(All) 1104

SANGEETA CHANDRA
PSA Impex Private Ltd. Thru Authorized Signatory Raj Kumar – Appellant
Versus
Real Estate Appellate Tribunal Lko. Thru Registrar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Prashant Kumar
For the Respondent: Shobhit Mohan Shukla

JUDGMENT :

1. Heard the learned Senior Counsel Sri Sudeep Seth assisted by Sri Prashant Kumar, Advocate for the Appellant and Shri Shobhit Mohan Shukla, learned Standing Counsel for Real Estate Regulatory Authority (hereinafter referred to as a "the Authority").

2. The brief facts of the case as are relevant for deciding this appeal are being given here in below:-

    On 18.3.2019, by Letter No.905, the Authority at Gautam Budh Nagar issued a show cause notice to the Appellant under Section 7 of the Act of 2016. The show cause notice has been annexed as Annexure-7 to the Application for Interim Relief. The Promoter had got the Project registered as Sampada Livia under Sections 3 and 4 of the Act, with registration No.UPRERAPRJ5855. The commencement date for the Project was mentioned as 01.12.2014 and date of completion was mentioned as and 24 allottees had approached the Authority by filing complaints against the violations of the Builder Buyers Agreement (hereinafter referred to as 'BBA') by the Promoter. During the course of enquiry into the complaints made by the allottees under Section 38 of the Act, it was found that even the necessary conditions for registration of the Project as me

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