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SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Sunil Kumar Pandey – Appellant
Versus
Union Of India – Respondent
JUDGMENT
Subramonium Prasad, J. - The instant Letters Patent Appeal has been filed by one, Mr. Sunil Kumar Pandey and his wife ('Appellant') seeking setting aside of the Order dated 21.09.2022 passed by the Ld. Single Judge in W.P.(C) 11865/2022 ('Impugned Order'). Vide the Impugned Order, the Ld. Single Judge dismissed W.P.(C) 11865/2022, while giving the Petitioner therein i.e the Appellant herein the liberty to pursue the civil suit instituted by the Petitioners themselves.
2. The Appellants have placed on record the following facts to show that they have been defrauded by one builder, namely, Kunal Structural Developers & Industries Pvt. Ltd. ('Respondent No. 3/Respondent Builder') in collusion with Indiabulls Housing Finance Limited ('Respondent No. 4'): -
a) The Appellants are homebuyers who had booked residential flats in a Project namely, 'Nikhil Woodland Apartment' situated at Agra, Uttar Pradesh (hereinafter referred to as the 'Project') of Respondent No. 3, by paying an amount of Rs. 7 Lacs as booking fees.
b) Pursuant thereto, the Appellants were given allotment letters in 2014 and 2015. Thereafter, the Petitioners also executed Builder Buyer Agreements in favour of the App
The Court emphasized that the High Court should not entertain a writ petition when an effective alternate remedy is available to the aggrieved person, unless exceptional circumstances exist.
The High Court's discretionary powers under Article 226 should not be invoked when sufficient alternate remedies are available, emphasizing the principle of exhaustion of remedies in civil litigation....
The existence of an alternate statutory remedy under the RERA Act limits the High Court's jurisdiction to entertain writ petitions, directing parties to the Appellate Tribunal for resolution of dispu....
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