IREO VICTORY VALLEY PVT. LTD. v. SHAMSHUL HODA KHAN
2019-10-15
SANJAY KISHAN KAUL, UDAY UMESH LALIT
body2019
DigiLaw.ai
ORDER : 1. Delay in filing the review petition is condoned. 2. The principal submission raised in the review petition is on the basis of Section 15(1) of the Haryana Fire Service Act, 2009. It is submitted that the construction of a building could only begin after the Fire Scheme was approved by the concerned authority and as the Fire Safety Scheme in the present case was approved on 28.10.2013 the period ought to be reckoned from that date. 3. The submission was dealt with by the National Commission and the relevant portion from para 10 was as under: “It is an admitted position that the opposite party had been raising demand based upon the stage of construction even prior to 28.10.2013 when the first fire safety clearance came to be issued. The payment plan agreed between the parties envisaged payment of the 3rd instalment on commencement of excavation, 4th on casting of basement roof slab and the 5th on casting of ground floor roof slab. The 6th instalment was payable on casting of 3rd floor roof slab. It is an admitted position that even the 4th instalment which was payable on casting of basement roof slab was demanded on 5.2.2013. The 5th and 6th instalments were demanded on 21.3.2013 and 18.9.2013 respectively. Admittedly, the fire safety clearance had not been received by that time.” 4. In view of the circumstances on record this Court refused to interfere and dismissed the civil appeal. 5. We have gone through the review petition and do not find any substance in the submissions raised therein. This review petition is, therefore, dismissed.