Binod Kumar Gupta vs C.B.S. International Project Pvt. Ltd. Thru. Director

"For the facts and grounds stated in the instant appeal, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to allow the present appeal and set aside the judgment and order dated 26.09.2025 (uploaded on the website on 26.09.2025) passed by Bench No.2 of the Uttar Pradesh Real Estate Appellate Tribunal, Lucknow in Appeal No. 213 / 2023 (Binod Kumar Gupta vs. CBS Internation Projects Pvt. Ltd.) to the extent of deciding the question no. 1, and direct the respondent to provide the possession of the allotted unit on the ground floor/upper ground floor in NOIDA World-I scheme, in the interest of justice."

¶13

Precisely the contention of the learned Senior Advocate appearing on behalf of the appellant is that at the time of booking, the appellant was made to understand that the unit is on the ground floor (ground floor as per the sanctioned layout plan at front road facing unit) and

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RERA No. 196 of 2025

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the possession of the same shall be delivered to the appellant within three years from the date of issuance of provisional allotment letter. The Units booked by the appellant was a road facing unit for which premium was charged from the appellant but now the respondent is offering possession to the appellant on the first floor (I^st floor) instead of the upper ground floor, which is contrary to the prospectus/brochure and allotment letter.

¶17

It is contended on behalf of the appellant that the learned Tribunal merely on the basis of exparte report has held that the upper ground floor and the first ground floor are one and the same, which is against the provisions of Section 12 of the Act.

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Following substantial questions of law have been framed by this Court:

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"A. Whether the Real Estate Regulatory Authority (RERA) and U.P. Real Estate Appellate Tribunal, Lucknow, were justified in deciding the issue regarding change of floor of the allotted unit/shop by the respondent from upper ground floor to the first floor in utter disregard to the commitment made in the brochure/prospectus without appreciating the provision of Section 12 of Real Estate (Regulation and Development) Act, 2016.?

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B. Whether the Real Estate Regulatory Authority (RERA) and the U.P. Real Estate Appellate Tribunal, Lucknow, were justified in deciding the Question No. 1 without taking into consideration the fact that at the time of communication of the brochure in the month of May, 2014, there was no sanctioned map of the Project and the map of project was sanctioned on 24.07.2014?"

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Admit.

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Issue notice to the respondent returnable at an early date.

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Steps for service of notice be taken within seven working days.

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RERA No. 196 of 2025

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The respondent may file counter affidavit within a period of four weeks.

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The appellant will have two weeks' time thereafter to file rejoinder affidavit.

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List this appeal in the week commencing 2^nd February, 2026.

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As an interim protection, it is provided that one shop/unit on the ground floor shall be kept reserved for the appellant in case the same is still available as on today till the next date of listing.

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December 5, 2025 Arun

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(Syed Qamar Hasan Rizvi,J.)

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Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Binod Kumar Gupta v. C.B.S. International Project Pvt. Ltd. Thru. Director

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Binod Kumar Gupta v. C.B.S. International Project Pvt. Ltd. Thru. Director

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