HIGH COURT OF CHHATTISGARH, BILASPUR MA No. 186 of 2023 (Against the order dated 18-10-2023 passed by the Chhattisgarh Real Estate Appellate Tribunal, Raipur, in Appeal No.62 of 2022 arising out of order dated 23-12-2020 passed by the Real Estate Regulatory Authority, Raipur, in case No.M-

PRO-2020-01048)

Manish Sharma, S/o Shri P.L. Sharma Aged About 54 Years Permanent Address Prem Jyoti 8/353, Chhotapara Ward, Baron Bazar, Raipur (C.G.) Present Address A/24, Priyadarshani Nagar, Maharana Pratap Chowk, Tehsil And District Bilaspur (C.G.)

---- Appellant/Allottee Versus

1. Chhattisgarh Housing Board, Through Commissioner, Address Shankar Nagar, Tehsil And District Raipur (C.G.)

2. Chief Executive Officer, Division-2, Chhattisgarh Housing Board, Shankar Nagar, Tehsil And District Raipur (C.G.)

3. Estate Officer, Chhattisgarh Housing Board, Estate Management Zone-3, Shankar Nagar, Tahsil And District Raipur (C.G.)

---- Respondents/Promoter And MA No. 12 of 2024 (Against the order dated 18-10-2023 passed by the Chhattisgarh Real Estate Appellate Tribunal, Raipur, in Appeal No.62 of 2022 arising out of order dated 23- 12-2020 passed by the Real Estate Regulatory Authority, Raipur, in case No.M-PRO-

2020-01048)

1. Chhattisgarh Housing Board, Through Commissioner, Paryawas Bhawan, Sector 19, Naya Raipur, Atal Nagar, Distt. Raipur C.G. Wrongly Mentioned In The Impugned Order As Shankar Nagar, Raipur, District : Raipur, Chhattisgarh

2. Executive Engineer (Wrongly Mentioned As Chief Executive Officer In The Impugned Order) Chhattisgarh Housing Board, Division-2, Shankar Nagar

3. Estate Officer Chhattisgarh Housing Board, Zone-3 Shankar Nagar ---- Appellants/Promoter Versus Manish Sharma S/o Shri P.L Sharma Aged About 54 Years Permanent Add. Prem Jyoti, 8/353, Chhotapara Ward, Baron Bazar, Raipur C.G. At Present R/o A/24, Priyadarshini Nagar, Maharana Pratap Chowk, Tehsil And, District : Bilaspur, Chhattisgarh ----Respondent/Allottee For Allottee - Shri Shobhit Mishra, Advocate.

For CG Housing Board -Shri Sanjay Patel, Advocate.

Hon'ble Mr. Justice Goutam Bhaduri &

Hon'ble Mr. Justice Radhakishan Agrawal Judgment on Board Per Goutam Bhaduri, J.

03/04/2024

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.62 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- 2020-01048 they are being heard and decided together by this common judgment.

2. MA No. 12 of 2024 is preferred by the Chhattisgarh Housing Board whereas MA No. 186 of 2023 is preferred by Manish Sharma.

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 10/05/2011 Manish Sharma (henceforth ‘the allottee’) was allotted a house bearing No.Peepal-I/170 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/166 was allotted for which extra amount of ₹ 10,000/- was paid as transfer fees. The last installment was demanded on 4-3-2015 and, as such, the total amount of ₹ 36,53,434/- was deposited by the allottee. Subsequently, the lease deed was executed after four years of allotment on 24-9- 2015. The allottee was given the possession letter on 23-11-2015. When the allottee went for taking possession of the house, he found that the house was in dilapidated condition, as such, frequent e-mails were sent on different date for rectifying the defects. The Estate Officer of the Board asked the Executive Engineer to rectify the defects and, in turn, inform it to the Board. Thereafter, to the Estate Officer of the Board again e-mail dated 26/11/2015, 2/12/2015, 3/12/2015 & 19/07/2019 were s