IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 21.02.2025 Pioneer Urban Land and Infrastructure Limited ...... Appellant versus Anju Jidnal and another ...... Respondents CORAM : HON'BLE MR. JUSTICE PANKAJ JAIN Present: Mr. Rajiv Atma Ram, Senior Advocate with Mr. Rajat Khanna, Advocate Mr. Vijay Pratap Singh, Advocate and Mr. Vishal Saini, Advocate for the appellant.

Mr. Amit Jhanjit, Senior Advocate with Ms. Eliza Gupta, Advocate for the respondents.

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PANKAJ JAIN, J. (Oral)

1. This is an appeal directed against order dated 15.01.2024 passed by Haryana Real Estate Appellate Tribunal, whereby application filed by the appellant seeking revival of appeal preferred before the Appellate Tribunal stands rejected for deficiency in pre-deposit as per Section 43(5) of the RERA Act, 2016.

2. The allottee filed complaint before the RERA Authority complaining of delay in offer of possession of a flat. The same was allowed by the Authority vide order dated 21.10.2020. The operative part of the order reads as under:-

“13. Hence, the Authority hereby pass the following order and issue directions under section 34(f) of the Act:

i. The respondent is directed to pay the interest at the prescribed rate Le. @ 9.30% per annum for every month of delay on the amount paid by the complainants from due date of possession ie. 14.03.2016 till the handing over of physical possession of the allotted unit;

ii. The arrears of interest accrued so far shall be paid to the complainant within 90 days from the date of this order;

iii. The complainants are directed to pay outstanding dues, if any, after adjustment of interest for the delayed period;

iv. The respondent shall not charge anything from the complainant which is not part of the buyer's agreement;

v. Interest on the due payments from the complainants shall be charged at the prescribed rate @ 9.30% by the promoter which is the same as is being granted to the complainants in case of delayed possession charges.”

3. Appellant preferred appeal before the Appellate Authority. Alongwith application, the appellant filed application seeking waiver of pre-deposit as required under Section 43(5) of the RERA Act, 2016. Application was dismissed vide order dated 22.07.2021. While dismissing the application, Appellate Tribunal granted time to the appellant to comply with the provisions as contemplated under proviso appended to Section 43(5) of the Act by depositing whole amount payable to the respondent-allottees which has become due as adjudged by the authority in the impugned order on the date of filing of the appeal. The appellant deposited amount of Rs.51,91,041.49/- and moved an application before the Appellate Tribunal. It was averred that amount of Rs.16,48,467/- towards interest and outstanding amount of Rs. 59,65,647/- has been adjusted while calculating amount due on the date of filing of appeal.

4. Tribunal vide order dated 28.09.2021 directed the appellant-company to file calculation sheet exhibiting as to how the amount was calculated. On 18.02.2022, Tribunal noticed that still there was deficiency of an amount of Rs.9,31,183/-. One last opportunity was granted to the appellant to reconcile the calculation. Vide order dated 25.03.2022, the appellant was directed to deposit the said amount. Still on 28.04.2022, Appellate Tribunal found that the appellant is further required to deposit an amount of Rs.60,94,868/-. The appellant having failed to deposit the said amount, the appeal was dismissed for non- compliance of mandatory provision of Section 43(5) of the Act vide order dated 24.05.2022. Against the said order, the appellant approached this Court vide RERA Appeal No.39 of 2022. The same was decided vide order dated 01.08.2022 which reads as under:-

“1. The learned counsel representing the appellant, after arguing for some time, prays for permission to withdraw the appeal with liberty to file an application before the Haryana Real Estate Appellate Tribunal in order to point out the cal