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GOUTAM BHADURI, SANJAY S. AGRAWAL
Tanu Construction through Proprietor Shri Devtanu Chakravarti – Appellant
Versus
Nand Kishore Patel, S/o Khirsagar Patel – Respondent
JUDGMENT :
Goutam Bhaduri, J.
Heard.
1. The bunch of appeals are preferred under Section 58 of the Real Estate (Regulation and Development) Act, 2016 (for short ‘the Act, 2016’) proposing the following substantial question of Law :-
B. Whether both the courts below are justified in allowing the application/ complaint of the applicant?
C. Whether the learned Tribunal is justified in not holding the fact that the case was not maintainable before any authority under RERA act in view of the agreement dated 29.06.2022.
D. Whether the learned Appellate Tribunal was justified the holding the fact that the complain was not maintainable before RERA because the agreement was much prior before commencing of RERA Act.”
2. The facts of this case are that against the order passed by the Real Estate Regulatory Authority (for short ‘the RERA’) on 18.02.2021 whereby the appellant/promoter was directed to refund the amount obtained from the allottees along with interest within two months. The same was subject of challenge before the Real Estate Appellat
The main legal point established in the judgment is that ongoing real estate projects, which commenced prior to the Act and had not received a completion certificate, fall under the purview of the Re....
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.
The High Court upheld that jurisdiction for RERA to adjudicate complaints exists even if the promoter lacks registration, emphasizing the rights of aggrieved parties under the Act.
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 RERA Act applies to ongoing real estate projects, and the Act's provisions protect the rights of stakeholders, including home buyers and promoters.
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