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ABDUL MOIN
U. P. Awas Evam Vikas Parishad, Lucknow Thru. Its Housing Commissioner – Appellant
Versus
Nishta Bhatnagar – Respondent
JUDGMENT :
Order on RERA Appeal Defective No. - 8 of 2022
(C. M. Application No. 1 of 2022)
This is an application for condonation of delay in filing the appeal supported with affidavit.
Heard Shri Sikhar Srivastava, learned counsel for the appellant.
The reasons indicated in the affidavit filed in support of the application are sufficient.
Accordingly, the application is allowed and delay in filing the appeal is hereby condoned.
Order on memo of main appeal
1. Heard Shri Shikhar Srivastava, learned counsel for the appellant.
2. Learned counsel for the appellant contends that the issue involved in RERA APPEAL No. 26 of 2022, RERA APPEAL No. 27 of 2022 and RERA APPEAL No. 8 of 2022 are the same. As such, the Court proceeds to hear all the appeals together. For convenience, facts of RERA APPEAL No. 26 of 2022 are being taken.
3. The instant appeal has been filed under Section 58 of Real Estate (Regulation and Development) Act, 2016 (hereinafter referred as 'Act 2016') against the order dated 09.03.2022 passed by the Uttar Pradesh Real Estate Appellate Tribunal, Lucknow (hereinafter referred as 'Tribunal') in Appeal No. 85 of 2020 in re: U.P. Awas Vikas Evam Parishad vs. Nishtha Bhatnagar.
4. Th
The Real Estate (Regulation and Development) Act, 2016 protects home buyers from delays in possession, allowing for compensation through interest, as determined by the Adjudicating Officer under the ....
The court's decision was influenced by the interpretation of the provisions of the Real Estate (Regulation and Development) Act, 2016 and the specific legal principles established by the Apex Court.
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....
The Real Estate (Regulation and Development) Act mandates granting interest for delays in possession, encompassing circumstances including force majeure, without necessitating rigorous inquiry from t....
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 Real Estate (Regulation and Development) Act, 2016 provides distinct remedies for refund and compensation, and the unqualified right of an allottee to get a refund of the amount deposited with th....
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