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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Pankaj Jain
Essel Towers Residents Welfare Association – Appellant
Versus
Essel Housing Projects Private Limited – Respondent
JUDGMENT :
Mr. Pankaj Jain, J.:
The defendants are in revision aggrieved of the order dated 10.2.2022 passed by Additional District Judge, Gurugram allowing the application filed by the plaintiff under Order XXXIX Rule 1 & 2 Code of Civil Procedure (In short, “CPC”).
2. The plaintiff filed suit for declaration with consequential relief of permanent injunction. The plaintiff is the developer and has developed residential group housing complex named ‘Essel Towers’. The defendant petitioner is a society registered under Haryana Registration and Regulation of Societies Act, 2012 formed by the allottees/purchasers of the apartment in the residential project. As per the plaintiff, 8,50,000 square feet built up residential area stands allotted to the pilot society and rest of the area was agreed to be exclusively owned and possessed by the plaintiff. The same includes commercial and institutional area. The built up residential area already stands allotted and vests in the pilot society. The dispute relates to a club/community building consisting of basement, ground floor and first floor covering total area measuring 32277.51 square feet having facilities like swimming pool, gymnasium, saun
Property ownership rights under buyers' agreements and the Real Estate Act were upheld, confirming the plaintiff's exclusive rights and the dismissal of the defendants' claims for community facility ....
A single association suffices for a project under prior registration, but distinct associations are mandated by law for managing separate phases, emphasizing the necessity of forming a federation for....
The maintenance charges in a condominium must be proportionate to the undivided interest of each apartment owner in common areas and facilities, as governed by the Apartment Act.
(1) Arbitration Clause – Arbitration Clause in the Agreement does not bar the jurisdiction of the Consumer Fora to entertain the Complaint.(2) Additional Amount – Developer is entitled to charge the ....
Land-owners are deemed consumers under the Real Estate Act, allowing them to file complaints against builders, overriding arbitration clauses in contracts.
The court determined that the Clubhouse is not part of common property and that the joint management body possesses the legal standing to sue the Developer based on evidence of misrepresentation and ....
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