Guj HC asks builder firm to deposit Rs 5L

Ahmedabad Mirror | 5 days ago | 22-09-2022 | 06:00 am

Guj HC asks builder firm to deposit Rs 5L

The Gujarat High Court on Wednesday asked partners of a builder firm to deposit Rs 5 lakh with the HC, and said a cost of Rs 1 lakh will be disbursed to the RERA authority and home buyers as well.As per the HC order, the builder will also have to bear expenses of Rs 1000 per day till they install a submersible pump in a residential apartment in Jamnagar.The firm approached the Gujarat High Court challenging a RERA order imposing 15-day civil custody for non-compliance with the assurance given by them. The HC stayed the order issued by the authority and posted a further hearing on October 12.The authority had issued an order on September 8 after it emerged that the builder had not installed a lift and submersible motor in the tube well in a residential apartment in Jamnagar. RERA issued an order on February 7, 2020, asking the builder to do so and the latter agreed to do it in a fortnight. The builder had also assured RERA that he would obtain the Building Use Permission but that too was not done.Since the builder failed to act on the assurances even after two and half years, PR Patel, Adjudicating Authority of RERA imposed a conviction. The builder firm challenged it through their advocate Nipun Singhvi and Vishal Dave who argued that the conviction is too harsh and they are willing to install a lift and submersible pump in the building.They argued that they were not heard before the order was passed and the principle of natural justice was violated hence the order passed by the RERA authority is arbitrary and illegal.The RERA order came in response to a complaint filed by home buyer Jitendra Bhalra who bought flat no- 501 in the Swarup Heights project in Jamnagar. When the builders did not comply with the order the buyer moved an Execution Petition against Pratap Dudhabhai Gorania and Arvind Rameshchandra Katarmal, partners of Shree Ram Construction who had introduced the project.Gorania and Katarmal had submitted on October 6 last that the project could not be completed due to financial problems. They gave an undertaking that they will complete all the amenities including lift, and submersible pump within a month and that they will obtain BU permission from JMC. AM

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