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.

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 registration of the real estate project granted by the Ld. Authority thereby providing extended time to complete the project shall be applicable to the existing agreements which were executed between the promoter and the allottees prior to the coming into force of the Act 2016?

6. Whether the project duly registered under the Act 2016 implies that the existing agreements and the sale transactions done prior to the coming into force of the Act 2016 shall be governed by the provisions of the Act 2016 and rules framed thereunder?

8. Whether the Rules can over write the provisions of the Act thereby prescribing the fixed rate of interest to be granted to the allottees in all eventualities against the promoter, whether it being a case of refund or delay in delivery of possession?

9. Whether the RERA Authorities have the requisite authority, power and competency to grant interest as per section 38 of the RERA Act, 2016 to the allottee for the delay in delivering the physical possession as permitted under the provision of Section 18 of the RERA Act, 2016?"

2. It may be noted here that as per Section 48 of the 2016 Act, the appeal to the High Court is maintainable only on a substantial question of law as provided under Section 100 of Code of Civil Procedure, 1908. So for entertaining an appeal under Section 58 of the 2016 Act, the High Court is required to be satisfied that the case involves a substantial question of law which is a sine qua non.

Section 58 of the 2016 Act is extracted as under:-

'58. (1) Any person aggrieved by any decision or order of the Appellate Tribunal, may, file an appeal to the High Court, within a period of sixty days from the date of communication of the decision or order of the Appellate Tribunal, to him, on any one or more of the grounds specified in section 100 of the Code of Civil Procedure, 1908:

Provided that the High Court may entertain the appeal after the expiry of the said period of sixty days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time.

Explanation.-The expression "High Court" means the High Court of a State or Union territory where the real estate project is situated.

(2) No appeal shall lie against any decision or order made by the Appellate Tribunal with the consent of the parties."

3. Some facts are required to be noticed.

4. The promoter/developer was granted the licence, to carry out the project under the name 'Affordable Housing Project', on 22.02.2012 which was valid upto 21.02.2016. The respondent in this appeal was allotted an apartment bearing No.343, 3rd Floor, Tower-Orchid in Group Housing namely 'Our Home', Sector 37, Gurugram, having a carpet area of 48 square mts. at a total sale price of Rs.16,00,000/-. The respondent (allottee) has already paid Rs.15,20,000/