IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Rera Appeal No.12 of 2026 (O&M) Date of decision: February 2^nd, 2026 Ashiana Realtech Pvt. Ltd. now known as Movish Realtech Pvt. Ltd.

.....Appellant Versus Sandeep Yadav .....Respondent CORAM: HON'BLE MR. JUSTICE VIKAS BAHL Present: Ms. Navneet Kaur, Advocate for the appellant.

VIKAS BAHL, J. (ORAL)

CM No.1209-C-2026 Present application has been filed under Section 58 of the Real Estate (Regulation and Development) Act, 2016 read with Section 5 of the Limitation Act, 1963 for condonation of delay of 104 days in filing the present appeal.

For the reasons mentioned in the application, which is duly supported by an affidavit, present application is allowed and the delay of 104 days in filing the present appeal is hereby condoned.

Main case

1. Learned counsel for the appellant has submitted that in the present case the challenge is to the order dated 27.04.2022 passed by the Haryana Real Estate Regulatory Authority, Panchkula, in complaint No.260 of 2021 to the extent that it directs the appellant to pay delayed possession charges/interest to the respondent-allottee. It is further submitted that

2026.02.04 12:21 challenge is also to the order dated 01.08.2025 passed by the Appellate Tribunal vide which the appeal filed by the appellant has been dismissed on account of delay and laches. It is submitted that while dismissing the appeal, the amount of pre-deposit had been ordered to be disbursed to the respondent-allottee along with interest accrued thereon. Learned counsel for the appellant has further submitted that the respondent-complainant had also filed an appeal i.e. Appeal No.594 of 2022 against the order dated 27.04.2022 and the said appeal was partly allowed by the Appellate Authority on 01.08.2025 and it was held that the respondent is entitled to refund of the amount remitted by him and no interest was paid to the respondent. It is submitted that since the appeal filed by the appellant has been dismissed and thus, the order dated 27.04.2022 has been upheld, whereas on the other hand, the appeal filed by the respondent has been partly allowed and thus, in effect, the order dated 27.04.2022 has been substituted by the order dated 01.08.2025 in Appeal No.594/2022. It is thus prayed that the amount which has been deposited by the appellant under Section 43(5) of the RERA Act, 2016 at the time of filing the Appeal No.392 of 2024, if is disbursed to the respondent, then the said amount be adjusted against the ₹

refund of the amount of 23,78,401/-, which the appellant is to refund to the respondent in pursuance of the decision dated 01.08.2025.

2. This Court has heard learned counsel for the appellant and has perused the paper book and finds that the prayer made by the appellant is reasonable.

3. A perusal of the paper book would show that the complaint filed by the respondent along with other complaints was disposed of vide order dated 27.04.2022 by observing that the complaints were entitled to

2026.02.04 12:21 interest for the entire period of delay caused in handing over the possession of apartments as per provisions of Rule 15 of the RERA Rules. A detailed chart was prepared with respect to the calculation of interest payable in all complaints and with respect to complaint of the respondent, the details were given at Sr. No.8 of the said chart. Further directions were also given by the Authority and it was directed that the complainants shall take possession of the units on receipt of statement of accounts. A perusal of the order dated 01.08.2025 (Annexure A-5) in Appeal No.594/2022 would show that the respondent had filed an appeal against the said order dated 27.04.2022 and in the said appeal, he had sought refund of the amount along with interest. It was the case of the respondent-allottee that he was not satisfied with the relief given by the Authority and he would be satisfied in case refund along with interest is given to him. The Appellate Tribunal vide order dated 01.08.2025