Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:38341
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MA No. 85 of 2024 1 - Estate Officer Chhattisgarh Grih Nirman Mandal, Estate Mangement Zone-03, Moulshree Vihar, V I P Road, Raipur, Distt.- Raipur, C.G. 2 - Executive Engineer Chhattisgarh Grih Nirman Mandal Division-4, Sejbahar, (Now Division-3, Moulshree Vihar, V I P Road), Raipur, tehsil And Distt.- Raipur, C.G.
... Appellants versus Tarun Kumar Banjaree S/o Sri Chaturdas Banjaree Aged About 44 Years R/o Palash-44, Kharun Greens Colony, Kumhari, Distt.- Durg, C.G.
... Respondent For Appellants : Mr. Sanjay Patel, Advocate For Respondent : Mr. Apurva Bairagi, Advocate (Hon’ble Shri Justice Naresh Kumar Chandravanshi)
Order On Board 04.8.2025
1. Heard.
2. This misc. appeal has been preferred against Order dated 15.4.2024 passed by Chhattisgarh Real Estate Appellate Tribunal, Raipur in Appeal No.247/2024, upholding the Order dated 23.6.2023 passed by Chhattisgarh Real Estate Regulatory Authority, (for short ‘the RERA’), Raipur passed in Case No.M-PRO-2022-01866, whereby various directions have been issued by the RERA against the appellant/Housing Board.
3.
Learned counsel for the appellant would submit that entire work of the subject house as well as projected house were constructed with up to mark BINI PRADEEP Digitally signed by BINI PRADEEP Date: 2025.08.05 11:12:08 +0530
2 materials and no complain was ever raised by the complainant/respondent herein. Despite completion of work, the complainant/respondent did not take possession of the house and tried to make pressure upon the appellants herein/Housing Board to get undue advantage. But the RERA as well as the appellate Tribunal without considering aforesaid facts have passed impugned orders against the appellant/Housing Board, therefore, instant appeal may be admitted for hearing on the proposed substantial questions of law.
4. Per contra, learned counsel for the respondent would submit that direction issued by RERA has not been complied with. He further submits that since the subject house was not constructed as per the brochure issued by the appellant/Housing Board, therefore, RERA has passed impugned
order in favour of the respondent directing the appellant to perform various works in the house, but the same has not been complied with yet.
5. I have heard learned counsel for the parties and perused the material available on record.
6. Perusal of the impugned Orders dated 23.6.2023 passed by RERA and
Order dated 15.4.2024 passed by Chhattisgarh Real Estate Appellate Tribunal, Raipur, I do not find any ground to be interfered with in the impugned orders. Even the ground raised by the appellant in the memo of appeal also does not found to be appropriate to admit the appeal.
7. Thus, since no question of law is found to be involved, the appeal is dismissed at the motion stage.
8. Records of concerned RERA and the appellate Tribunal be returned forthwith. Sd/- (Naresh Kumar Chandravanshi) Judge Bini