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ANIL KSHETARPAL
Apex Buildwell Private Limited – Appellant
Versus
Sachin Kumar – Respondent
JUDGMENT
Anil Kshetarpal, J. - Through this judgment, various appeals filed under Section 58 of the Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as 'the 2016 Act') shall stand disposed of, wherein the promoter/developer has challenged the various identical orders passed by Haryana Real Estate Regulatory Authority (hereinafter referred to 'HRERA'), which have been affirmed by the Haryana Real Estate Appellate Tribunal (hereinafter referred to as 'Tribunal'). In the background of the various judgments passed by the Supreme Court interpreting the provisions of the 2016 Act, the learned Senior counsel representing the appellant has restricted his arguments only on the following two issues:-
i. The delay in completing the project cannot be imputed to the promoter particularly when there was a delay in renewal of licence for a period of more than three years.
ii. The Authorities have wrongly ignored the contractual rate of interest on the delay in delivery of possession of the apartment beyond the contractual period.
The learned Senior counsel has submitted that he intends to press question No.4, 6, 8 and 9, which are extracted as under:-
'4. Whether the registr
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....
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.
The main legal point established in the judgment is the liability of the promoter to pay interest to the flat purchasers under the Real Estate (Regulation and Development) Act, 2016 (RERA) and the ef....
A 'No Profit No Loss' organization must comply with the Real Estate Act's provisions, including registration and liability for compensation due to delays.
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.
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