BEFORE THE HON’BLE HARYANA REAL ESTATE REGULATORY
AUTHORITY, GURUGRAM,(UNDER THE REAL ESTATE REGULATION
AND DEVELOPMENT ACT, 2016 (RERA),)
COMPLAINT No: RERA-GRG- 2646 -2023
IN THE MATTER OF:
Mr POONAM GUPTA …Complainant
VERSUS
MAHIRA BUILDTECH Pvt. Ltd …Respondents
LDOH : 25/09/2024
APPLICATION UNDER ORDER 9 RULE 9 R/W SECTION 151 CPC BY
AND ON BEHALF OF THE COMPLAINANT FOR SETTING ASIDE
ORDER DATED 25.09.2024 PASSED BY THIS HON’BLE AUTHORITY
AND RESTORE THE COMPLAINT TO ITS ORIGINAL POSITION
MOST RESPECTFULLY SHOWETH:
1.That the complainant had filed complaint against the
respondent for relief, direction/orders and penalty proceedings under
section 31 read with sections 35, 36, 37 and section 38,before this
Hon’ble Authority.
2. That the contents of said Complaint are not repeated herein for
the sake of brevity and same may be treated as part and parcel of
this application.
3. That on 25.09.2024, this Hon’ble Authority has been pleased to
dismiss the complaint bearing no. RERA-GRG-2646-2023,due to non-
appearance of the Authorised Representative of the
complainant , as he could not be able to appear before this
Hon’ble Authority for the final argument because he got stuck in
traffic jam while coming from Saket Court, New Delhi and by the
time he could reach before this authority, the case was already
called and the order of dismissal in default was passed .
4.That the said complaint is at final argument stage and all
pleadings has already been completed.
5.That the non-appearance of the complainant / authorised
representative was neither intentional nor deliberate but due to
the above stated reason.
6.That no prejudice shall be caused to either of the party if the
present application is allowed, contrary if the same is not allowed
the complainant shall suffer huge irreparable loss.
Hence this application.
PRAYER
It is therefore prayed that this Hon’ble Authority may be pleased
to:
1.Set aside order dated 25.09.2024, whereby the complaint of the
complainant was dismissed in default and further restore the
same to its original position.
2. Pass any other or further order as this Hon’ble Authority may
deem fit and proper, in the interest of justice.
New Delhi
COMPLAINANT
Dated:30/09/2024
Through
VIJAY PRATAP SINGH(Advocates)
New Delhi-110017
