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ANIL KSHETARPAL
Mandeep Kumar – Appellant
Versus
PDA , Patiala, Through Chief Administrator – Respondent
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
The 'as is where is' clause in the brochure was deemed unconscionable and void under Section 23 of the Indian Contract Act, 1872. The allottee is entitled to interest for every month of delay in poss....
1. Interest will be calculated after the period of assured possession has elapsed – from when cause of action has arisen2. Arbitration is not a bar to consumer complaint
The Real Estate Regulation and Development Act applies to ongoing projects and governs existing agreements. Prescribed interest rates do not override the Act's provisions.
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....
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