Correcting clerical errors in legal judgments is essential for proper enforcement of regulatory compliance.

ORDER

“The possession of the unit shall be given on or before in conformity with the date as on U.P. RERA website, subject to such extended period which U.P. Real Estate Regulatory Authority permits.”

“FIT OUT POSSESSION CERTIFICATE/DOCUMENT

Unit No. SBA/T7/803 at Sunbreeze Apartment, BBD Green City Faizabad Road, Lucknow Uttar Paradesh

Dated :01-Oct-2019

To,

Project Manager

Sunbreeze Apaprtment

BBD Green City Faizabad Road

Lucknow U.P.

Re: Letter dated- 01-Oct-2019

Sub: Fir Out Possession of Unit No. SBA/T7/803 at Sun Breeze Apartment, Faizabad Road, Lucknow, Uttar Pradesh (”Project”)

Fitout possession of Unit No. SBA/T7/803, Project Sun Breeze Apartment having super area 149.02 sq.mt. (1,604.00 Sq. ft), terrace area _ _N.A. ____, situated at Sunbreeze Apartment, BBD Green City Faizabad Road, Lucknow be handed over to the Allottee(s) / Applicant(s) Mrs. Renu Singh Actual physical possession of the said Unit will be handed over to the Allottee(s) / Applicant(s) by the Company only after due execution & registration of the Conveyance Deed of the said Unit in favour of the Allottee(s).

For VIRAJ CONSTRUCTIONS (P) LTD.,

(CRM DEPARTMENT)

Further the details of the project is as follows

Land area : 6.44 acres Amenities

No. of Towers : 12 Club house

No. of Units : 776 Shops

Structure : Basement + still + 14 Swimming Pool

Allottee:

Mrs. Renu Singh

W/o Mr. Neeraj Kumar Singh

F-546, Rajajipuram, Lucknow

Signature_______________

Co-Allottee

Mr. Neeraj Kumar Singh S/o Mr. Desh Raj Singh

F-546, Rajajipuram, Lucknow

Signature_________________”

”1. That this Hon’ble Commission please to decide the aforesaid Complaint Case vide its judgment dated 30.01.2024. Certified Copy of the judgment passed by this Hon’ble Commission in Complaint Case No. 157/2022 is enclosed herewith as ANNEXURE NO.1 to this Application.

2. That due to some typographical errors the following incorrect facts are mentioned in the judgment dated 30.01.24 which are liable to be corrected.

3. At Page No.5 in the 9^th line of Para 6 it is wrongly typed as “Abhi tak kabja prapt nahi karaya gaya hai! Vikray Patra bhi Pariwadi ke paksh mai nishpadit nahi kkaraya gaya hai!”

Which may be as under:

“Kabja dinak 1.10.2019 ko prapt karya gaya hai! Vikray Patra bhi Pariwadi ke paksh mai dinank 2.06.2023 ko is Ayog ke Aadesh dinank 29.03.2023 mai nishpadit karaya gaya hai!”

4. At Page No.6 in Para (ka) of the Adesh the following lines are omitted:

“Pariwadigarn ko Vikray Patra Nishpadit karke kabja pradan kare thatha”

PRAYER

WHEREFORE, it is humbly prayed that this Hon’ble Commission may please to allow this Application and above correction may allow in the interest of justice.”

“Learned advocate of the complainant Shri Vikas Aggarwal was heard on the amendment application.

This argument has been presented by the advocate complainant that para 06 of the new line of page no. 05 of the decision in question dated 30.01.2024 passed in complaint number 157/2022 (possession has not been obtained yet, the sale deed is also not in favour of the complainant. Has not been executed, it has been marked, whereas the possession of its place has been obtained on 01.10.2019. The sale deed was also executed in favor of the complainant on 02.06.2023 as per the order of this Commission dated 29.03.2023) must be tped.

The decision in question was perused. The error pointed out by the advocate complainant appears to be a clerical error. While accepting the application, the decision is liable to be modified accordingly.

ORDER

The application form is accepted. The decision is modified accordingly.

The aforesaid is the translated version of the Order which is in vernacular Hindi in Devanagri script which is as follows: