Back
JITENDRA JAIN
Satyam Developers – Appellant
Versus
Sama Mohamad Sharif Dalvi – Respondent
JUDGMENT :
JITENDRA JAIN, J.
1. This appeal is filed under Section 58 of the Real Estate (Regulation and Development) Act, 2016 (for short “RERA Act”) challenging the order of Maharashtra Real Estate Appellate Tribunal (Appellate Tribunal) dated 22nd July, 2022. The questions of law raised in the appeal memo are reframed as under:
Q.2. Whether the Appellate Tribunal was justified in adjudicating the issue of termination of the agreement without any application by any of the parties for setting aside the termination?”
Narrative of Events:
2. The Appellant is a promoter of a project called “Swaroop Harmony” located at Santacruz (East), Mumbai. The Respondents are allottees of a flat in the aforesaid project developed by the Appellant promoter.
3. On 2nd June, 2010, the Respondent allottees booked the flat for a total consideration of Rs.51,00,000/- by paying a booking amount. The agreement for sale was executed in the year 2011 between the Appellant promoter and the Respondent allottees. In the complaint, the Respondent allottees s
The Real Estate (Regulation and Development) Act, 2016 protects home buyers from delays in possession, allowing for compensation through interest, as determined by the Adjudicating Officer under the ....
The main legal point established in the judgment is the liability of the promoter to pay interest to the flat purchasers under the Real Estate (Regulation and Development) Act, 2016 (RERA) and the ef....
The main legal point established is that the Real Estate Regulation & Development Act, 2016 operates retrospectively, and the levy of interest for delay is compensatory in nature, aligning with the r....
The Real Estate Regulation and Development Act applies to ongoing projects and governs existing agreements. Prescribed interest rates do not override the Act's provisions.
Private settlements cannot override statutory obligations established by the Real Estate (Regulation and Development) Act, 2016; agreements executed under duress or unfair terms are void.
The Real Estate (Regulation and Development) Act mandates granting interest for delays in possession, encompassing circumstances including force majeure, without necessitating rigorous inquiry from t....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
