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not needed on the final price of the allotted building.

The objection to
the pre-determined additional fee for corner plot and better location
charge was not legitimate. The construction of the boundary wall and
main gate against the pre-determined layout for allotted was not
possible. The authority also directed the board to ensure immediate
registration of the project under the provisions mentioned in section 3
of the Real Estate (Regulation and Development) Act, 2016 to hand
over the possession of the allotted building to petitioner immediately
after full payment, they however, are not entitled to any interest or
compensation.

Petitioner unsatisfied with the conditions of the allotment of building


sent a legal notice dated 19.08.2019 for cancellation of allotment and
for refund of Rs. 21, 83,567 along with 7.5 interest as per clause 23 of
allotment terms and conditions, through an advocate by registered
post and filed a complaint dated 22.10.2019 bearing Appeal No.
CC/19/57 before S.C.D.R.C for the same relief.

The S.C.D.R.C set aside the petitioner’s complaint taking note of the
order dated 06.09.2018 passed by the Chhattisgarh (RERA), Raipur in
Case No.-M-PRO-2018-00047 Smt. Geeta Shukla Vs. Ch. by an order
dated 16.12.2021, as not maintainable for lack of jurisdiction in light
of Section-79 of The Real Estate (Regulation and Development) Act,
2016.

The Chhattisgarh S.C.D.R.C held that it is not the Appellate Court of


RERA, Raipur and for that reason it can neither interfere with the said
order nor pass any order other than that. The Chhattisgarh SCDRC
held the order dated 06.09.2018 passed by RERA as final since it has
been duly passed under The Real Estate (Regulation and Development)
Act, 2016, and has not been challenged in any other appropriate
judicial body.
The commission also held that as RERA in its order has specifically
stated that final amount decided for the all

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