IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA MSA Nos.4,5 and 6 of 2022 Decided on: 23rd June, 2025 -------------------------------------------------------------------------------------

1. MSA No. 4 of 2022 Himland Executive Residences (Himland Housing (P) Ltd.) …..Appellant Versus Gaj Raj Sahrawat and others .....Respondents -------------------------------------------------------------------------------------

2. MSA No. 5 of 2022 Himland Executive Residences (Himland Housing (P) Ltd.) …..Appellant Versus Dilip Kumar and others .....Respondents -------------------------------------------------------------------------------------

3. MSA No. 6 of 2022 Himland Executive Residences (Himland Housing (P) Ltd.) …..Appellant Versus Ghanshyam Gupta and others .....Respondents -------------------------------------------------------------------------------------

Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 Yes

1Whether reporters of print and electronic media may be allowed to see the order? Yes.

For the Appellant: Mr. N.K. Bhalla, Advocate.

For the Respondents: Mr. Vijay K. Arora, Senior Advocate with Ms. Godawari, Ms. Aastha Kohli,.

Mr. Hitansh Raj and Mr. GaurPav Kumar, Advocates, for respondent No.1.

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Jyotsna Rewal Dua, Judge All these appeals are int erlinked and interconnected, hence have been taken up together for disposal, however, for the sake of convenience, facts from MSA No.4 of 2022 are being referred to .

This miscellaneous second appeal has been preferred under Secotion 58 of the Real Estate (Regulation and DevelopmCent) Act, 2016 (in short ‘the Act’) against the orders dated 13.05.2022 and 01.06.2022 passed by the learnehd Haryana Real Estate Appellate Tribunal, gChandigarh (exercising power conferred by Section 43(1), (2) and (4) of the Act for Himachal Pradesh also). Under the impugned order dated 13.05.2022, learned Appellate Tribunal granted the appellant time to comply with the proviso to Section 43(5) of the Act by depositing the entire amount payable to the respondent-allottee as adjudged by the Real Estate Regulatory Authority (RERA) Himachal Pradesh alongwith 30% of the amount of penalty imposed by RERA on or before 30.05.2022. Upon failure of the appellant to comply with the aforesaid order despite grant of sufficient opportunity, its appeal was dismissed by the learned Appellate Tribunal under the second impugned order dated 01.06.2022. . 2. Following facts emerge from the joint submissions made for the parties: -

2(i). The appellant-Company ios engaged in the business of Real Estate Development. For developing group housing project over the land situated in Damrog, District Solan, HP, the appellant ugot its project registered under the provisions of the Act. The said registration of the project was valid till 10.05.2024. According to the appellant, its aforesaid housing project consisted of three blocks, i.e. Blocks ‘A’, ‘B’ and ‘C’; 80% of the construction in Block-A was completed by constructing 36 flats; Construction of Blocks-B and C could not start.

2(ii). Respondent No.1 lodged a complaint on 31.03.2021 before Real Estate Regulatory Authority (RERA), Himachal Pradesh with the allegation that he had booked a specific flat in Block-A and had paid an advance amount of Rs.70,000/- on 31.05.2006 by cheque at the time of submitting the application form. That he had made total payment of Rs.8,90,500/- against total cost of Rs.14,00,000/-. The remaining amount was to be paid at the time of offer of possession by the appellant. Complainant’s grievance was that possession had not been handed over to him. He sought refund of the amoun.t paid by him alongwith interest, besides claiming compensation under several heads.

2(iii). RERA, Himachal Pradesho adjudicated the complaint on 06.09.2021 and issued following directions:-

“21. Relief:-

Keeping in view the abovementioned facts, this Authority in exerucise of power vested in