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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
M.M.SATHAYE
Linker Shelter Pvt. Ltd. C/o. Paranjape Scheme Construction Limited – Appellant
Versus
Charmaine Chougule – Respondent
JUDGMENT :
M. M. SATHAYE, J.
1. These four Second Appeals are arising out of common Judgment and Order 30/01/2024 passed by Maharashtra Real Estate Appellate Tribunal, Mumbai (‘the Appellate Tribunal’ for short) in Appeal Nos. AT001000000053706 of 2022, AT001000000053684 of 2022, AT001000000053692 of 2022 and AT001000000053686 of 2022. The Appellant is a common developer. The Respondents are Complainants/Allottees in respect of flat nos. 4E-502, 4H-302, 4C-104 and 4E-504 in project Aaryavarta at Mahale Farm, Off Mumbai-Agra Road, Nashik – 422 009. By the said impugned Order, the common order dated 17/02/2022 passed in 4 complaints filed by Respondent allottees, was set aside and the Appellant/promoter was directed to refund to the Respondents all the amounts including amounts paid for taxes, registration fees etc. with interest from the date of receipt of the amount. It was directed that if there is failure to pay the said amount, the Appellant/Promoter will pay interest on the total outstanding amount as on 29/02/2024 till realization. Charge of this amount is continued on the respective flats till the amounts are refunded.
2. In this judgment, the Real Estate (Regulation and Develop
Allottees possess an unqualified right under section 18 of the Act to withdraw from the project and demand refunds if possession is not delivered in accordance with the agreement, emphasizing timely ....
The allottee is entitled to a full refund for the house due to the promoter's failure to deliver a habitable property, with interest at 10.70% per annum.
The judgment established the unconditional right of the allottee to seek refund and the application of promissory estoppel in enforcing promises made by the promoter.
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 central legal point established in the judgment is that even a promoter who has not received any consideration from an allottee is liable to give a refund with interest under Section 18 of the Re....
Projects receiving partial occupancy certificates prior to enactment are exempt from certain provisions of Real Estate (Regulation and Development) Act.
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