JUDGMENT

Anil Kshetarpal, J. -The above noted two connected cross appeals have come up for final disposal.

2. As per Section 58 of the Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as 2016 Act'), appeal to the High Court is maintainable only on a question of law as specified in Section 100 of the Code of Civil Procedure, 1908. In the considered opinion of the Court, the following questions require adjudication:-

(i) If the brochure inviting applications for allotment of residential plots, states that the plots will be allotted on 'as is where is' basis, does this absolve the promoter of their responsibility to deliver possession of the plots without any obstruction or hindrance during the completion of construction? Alternatively, should such a clause be considered unconscionable and unacceptable being against the public policy?

(ii) If the answer to the first question is in the affirmative, then whether the promoter is liable to pay the amount of interest to the allottee on the deposited amount from the stipulated date of delivery of possession.

3. Before addressing the aforementioned questions, it is pertinent to consider and take note of the following re