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IN THE HIGH COURT OF JUDICATURE AT PATNA
Sunil Dutta Mishra
Nesh India Infrastructure Private Ltd. – Appellant
Versus
Savita Sah Wife of Sri Ram Babu Sah – Respondent
JUDGMENT :
Sunil Dutta Mishra, J.
This Miscellaneous Appeal has been preferred against the judgment dated 04.11.2020 passed by the Real Estate Appellate Tribunal, Bihar, Patna (hereinafter referred to as ‘Appellate Tribunal’) in REAT Appeal No.08 of 2019 by which the appeal preferred by the appellant has been dismissed and the order dated 09.08.2019 passed by Real Estate Regulatory Authority, Patna (hereinafter referred to as ‘RERA’) in RERA Case No.CC81/2018, CC/82/2018 and CC/83/2018 was upheld.
2. The brief facts of the case are that complaint petitions under Section 3 1 of the Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as the ‘Act, 2016’) were filed against the appellant i.e. M/s Nesh India Infrastructure Pvt. Ltd. (Builder/Developer) with respect to possession of their share of flats in A.G. Enclave Tiruvantpuram City after issuance of Completion Certificate and Occupancy Certificate of the project, compensation at prescribed rate for the period of delay in handing over the flats and additional share for constructing the building of seven floors instead of five floors as agreed. The complaint petitioners are the owners of the pieces of land measu
Land-owners are deemed consumers under the Real Estate Act, allowing them to file complaints against builders, overriding arbitration clauses in contracts.
The court upheld the requirement for total deposit of compensation and interest before hearing appeals under the Real Estate Act, affirming RERA's jurisdiction over disputes involving landowners as a....
The court held that the dispute was arbitrable despite the existence of a statutory remedy under the Real Estate (Regulation and Development) Act, and appointed a single Arbitrator to settle the disp....
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.
(1) Deficiency - the cause of inordinate delay in handing over the possession continues which is a clear cut deficiency on the part of the opposite party.(2) Deficiency of Service - the payments made....
The court upheld the trial court's dismissal of the appeal against the arbitration award, confirming that there was no patent illegality or grounds for interference under the Arbitration and Concilia....
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