IN THE COURT OF ______________
Appeal no. /2022
_______________________________ ................. APPELLANT
VERSES
______________________ ................. RESPONDENT
INDEX
S No. Particulars of Document Annexures Page
Nos.
1 Copy of the Appeal Memo
2 Affidavit
3 List of Documents
4 Print Out from RERA website A-1
detailing the Communication
between parties
5 Copy of order dated _________ A-2
6 Copy of reply dated _________ A-3
7 Copy of Order dated_________ A-4
8 Copy of reply dated__________ A-5
9 Copy of reply/application dated A-6
_______________
10 Impugned order dated ____________ A-7
along with letter dated ___________
11 Docs already submitted clarifying A-8
docs required in order
12 Schedule -A
13 Demand Draft of Rs_________
14 Vakalatnama
__________
Date : ___________________________ Counsel for the Appellant
Page 1 of 9
Date of filing –
Date of Receipt by post –
Registration Number –
Signature –
Registrar –
IN THE COURT OF _____________________
Appeal no. ___/2022
__________________ ................. APPELLANT
Verses
____________________ ................. RESPONDENT
DETAILS OF APPEAL :
APPEAL OF THE APPELLANT UNDER SECTION 44 OF THE
RERA ACT
1. Particulars of the Appellant:-
a. Name of the Appellant – __________________
b. Address of the existing address – ____________
c. Address for service of all notices – _______________
2. Particulars of the Respondent :-
a. Name of the Respondent – ___________________
b. Address of the existing address – _________________
c. Address for service of all notices – ________________
3. Jurisdiction of the Appellate Tribunal – The Appellant
declares that the subject matter of the appeal falls within the
jurisdiction of the Appellate Tribunal.
4. Limitation - The Appellant declares that the at the present
appeal is filed within limitation specified in sub-section (2) of
Section 44.
5. Facts of the Case: - The appellant humbly submits as under–
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A. That the appellant had filed an Application for registration
of his project “____________” situated at _____________
bearing Ref. ID no. _________________.
B. That during the process of approval for the said project, on
dated ______________, the Respondent through Technical
Department had stated that Only Schedule-E is incomplete
and the Appellant was requested to resubmit the same,
which was submitted by the appellant on the same Day, for
reference kindly see Communication point 29. The complete
copy of Communication available online on the
Respondents website is attached as Annexure-A/1.
C. On the same Day, one ______________ of the Respondent
had raised queries for certain documents in total of 10
queries, for ref. Order dated ___________ is attached as
Annexure-A/2, the Appellant clarified on all the queries
and submitted all the documents as required by the said
order on _____________, kindly see Communication point
16-27 in Annexure-A-1 and also attached is reply filed by
appellant on ______________ is attached as Annexure-A/3.
D.That inspite of submission of documents and a written
reply, disregarding all of that, Hon'ble _____________again
raised the same queries vide order dated __________ and
some new queries with respect to Schedule-D after almost 3
months of submitting all documents. A copy of the said
order is attached as Annexure-A/4.
E. That the appellant again resubmitted the said documents
on _________________ but had to resubmit online vide reply
dated ___________________, a copy of the said reply is
attached as Annexure-A/5.
F. That the appellant had applied for getting their firm
registered with the Registrar of Firms and societies in
_________________ itself, but the same process is time
consuming and out of the hands of the Appellant, thus the
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same was taking time and in the meanwhile the appellant
had submitted a provisional registration receipt issued by
the said department and demand time for producing the
final registration certificate, the Appellant had submitted its
representation for the same vide reply dated ____________, A
copy of the same is attached as Annexure-A/6.
G.That inspite of submitting, resubmitting and reply and
clarifying on all queries and documents, the learned
Tribunal has without looking through all the documents
rejected the Appellants Project registration vide its order
dated ________________, a copy of the impugned order is
attached as Annexure-A/7.
H.That the appellant was not aware of the passing of the said
order, and thus submitted the copy of the Registration
Certificate of Registrar of Firms received on ___________,
submitted on _______________, which can be checked on
Communication point 3. The complete copy of
Communication available online on the Respondents
website is attached as Annexure-A/1.
I. That the said order was sent to the Appellant along with
letter dated ____________. A copy of the said letter is
attached to Annexure-A/7.
J. That rejected documents as per order dated ____________,
were already submitted by the Appellant, a copy of the said
documents in the order of points in which they have been
rejected is attached as Annexure-A/8. A table explaining
the same is attached as Schedule-A, which document shall
be treated as part of this Appeal.
K. That inspite of submitting all the documents as per
requirements of the said Authority, the Authority had
chosen to take a hyper technical approach and an order in
a standardised form has been issued, without any
application of judicious mind or taking into account the
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various replies and documents submitted by the Appellant
or even deciding the same.
L. Hence the appellant is left with no other option but to file
this instant appeal on the following grounds.
GROUNDS
A. For that the learned authority has passed the impugned
order against the facts and law involved in the present case.
B. For that the learned authority has sought new documents
everytime and has not properly checked and verified
whether documents have been already submitted and has
passed the impugned order.
C. For that the learned authority has failed to see that the
Appellant firm is both the owner of the property and the
promoter of the project for which various replies and
declarations were already on record.
D.For that the learned authority has failed to apply judicious
mind and passed a hyper technical order, denying the
Appellant registration even after satisfaction of all its
queries.
E. For that the learned authority has failed to see that the
amended provisions of Rule 3(1)(a)(b) of M. P. Real Estate
(Regulation and Development) Rules 2017 were never
violated by the Appellant in either content or intent. The
amended provision is reproduced here for ready reference :-
“"(1) A promoter shall furnish the following additional
information and documents, along with those specified under
section 4 of the Act, for registration of a project with the
Authority, namely:
(a) contact details including mobile number, e-mail address,
office and residential addresses of all the promoters/
partners/ directors and authenticated copy of the PAN and
Aadhar Card of all of them and where the person who
constructs or converts a building into apartments or develops
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a plot for sale and the person who sells building, apartments
or land are different person, than 'contact details including
mobile number, e-mail address, office and residential
address of such person must be provided;
(b) audited profit and loss account, balance sheet, auditor's
report and Income Tax Returns of the promoter for three
preceding financial years;”
F. For that Rule 3(1)(a)(b) nowhere require that Form-B
Affidavit shall be submitted by all partners, further the said
affidavit cannot be the only ground for rejection of a project
registration.
G.For that the partnership firm of the Appellant was recently
sent to be registered with the Registrar of Firms and
Societies on _________________, wherein a provisional
registration no. _________________ was also issued to the
appellant, as the firm of the Appellant was not granted
registration certificate by the _______________, which came
to be finally issued on ________________, which was
submitted by the Appellant on ______________, thus, the
hyper-technical approach taken by the Respondent in not
allowing sufficient time to produce documents and rejecting
the project registration is against the basic tenets of
Natural justice and said order deserves to be quashed as
such.
H.For that, the impugned order is not a reasoned order and
thus, fails the test of judicious application of legal mind by
the learned authority as the contentions of the appellant for
delay or non-submission of documents and its effect have
not even been discussed in the impugned order.
I. For that, reasoning for not allowing the said arguments has
not been justifthe Respondent could have taken a isnt the
pafailed to take into account the genuine cause for delay on
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behalf of the appellant and thus, denied him with basic
tenets of natural justice.
J. For that the learned authority has failed to see that for all
intents and purposes the Appellant had completed all the
formalities and submitted all documents as per law and
there was no illegality with the Application of the Appellant.
K. For that the learned authority has passed the impugned
order without going through the documents on record, the
reply of Appellant and checking its sanctity of the its order.
L. That the learned Authority has failed to see that it was
bound to decide the application of the Appellant to grant it
time for producing registration certificate which was filed by
the Appellant on _____________.
6. Relief Sought:
In view of the facts mentioned in paragraph 5 above, the
appellant prays for the following relief:
a. That the impugned order dated _____________ be set aside.
b. That the matter be remanded back to the Respondent
Authority to decide the petition of the Appellant on merits
after going through the documents already submitted on
record.
c. and pass any such order as this tribunal may deem fit in
the interest of justice.
7. Interim Order, if prayed for:
None.
8. Matter not pending in any other court, etc. – The Appellant
further declares that the matter regarding which this appeal
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has been made is not pending before any court of law or any
other authority or any other tribunal.
9. Particulars of Bank Draft in respect of the fee in terms sub-
rule (1) of Rule 27–
a. Amount –____________ Rs
b. Name of the Bank on which drawan– State Bank of India
c. Demand Draft number – _____________
10.List of Enclosure –
a. Copy of the impugned order dated _________.
b. Copy of the letter dated _________.
c. Print Out from RERA website of communication between
parties
d. Copy of order dated ___________
e. Copy of reply dated ___________
f. Copy of Order dated ___________
g. Copy of reply dated ___________
h. Copy of reply/application dated ___________
i. Original Demand Draft
j. Schedule -A
k. Copy of Documents already submitted clarifying all points
raised in final order
l. Vakalatnama
VERIFICATION
I, ____________ the appellant, do hereby verify that the contents of
paragraphs 1 to 10 are true to my personal knowledge and belief
and that I have not suppressed any material fact.
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Verified and signed on this 02nd day of September 2022, at
________
DEPONENT
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