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GOUTAM BHADURI, RADHAKISHAN AGRAWAL
Manish Sharma – Appellant
Versus
Chhattisgarh Housing Board – Respondent
JUDGMENT :
(Goutam Bhaduri, J.)
Since both the appeals are against the order dated 18-10-2023 passed by the Chhattisgarh Real Estate Appellate Tribunal, Raipur, (henceforth 'the Tribunal') in Appeal No.62 of 2022 arising out of order dated 23-12-2020 passed by the Real Estate Regulatory Authority, Raipur (henceforth 'the RERA') in case No.M-PRO-2020-01048 they are being heard and decided together by this common judgment.
2. MA No. 12 of 2024 is preferred by the Chhattisgarh Housing Board whereas MA No. 186 of 2023 is preferred by Manish Sharma.
3. After hearing the parties, the following question emerges for consideration :
4. (i) Brief facts of the case are that on 10/05/2011 Manish Sharma (henceforth 'the allottee') was allotted a house bearing No.Peepal-I/170 in the scheme of the Chhattisgarh Housing Board (henceforth 'the Board') namely; Peepal-I. Subsequently, on the request of allottee, the house bearing No.Peepal-I/166 was allotted for which extra amount of Rs. 10,000/- was paid as transfer fees. The last installment was demanded on 4-3-2015
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.
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 distinction between refund of amount and compensation under the 2016 Act, and the power of the Regulatory Authority and the Adjudicating Officer to decide such matters.
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.
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