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ALOK MATHUR
Lucknow Development Authority Thru. Vice Chairman Lucknow – Appellant
Versus
Upasana Duggal – Respondent
JUDGMENT :
Alok Mathur, J.
1. Heard Shri Ratnesh Chandra, learned counsel for the appellant as well as Shri Ashish Chaturvedi, learned counsel appearing on behalf of respondents.
2. The controversy in brief is with regard to the delay in handing over the possession of the flat which was sought to be constructed by the petitioner while developing apartments known as Smriti Apartments, Sector J Extension, Sitapur Raod Scheme, Jankipuram, Lucknow.
3. In the brochure published by the petitioner it was stated that the flats would be handed over within a period of 24 months as per clause 2.4 of the said brochure and as per clause 11.1 it was provided that in case possession is not given then the allottee shall be at liberty to seek refund of the entire money along with interest at the rate of 4% per annum.
4. It is stated that for certain reasons beyond the control of the petitioner construction activities could not commence and, hence, there was delay in completion of the said project. In the meanwhile the Real Estate Regulation & Development Act, 2016 came into operation and the said project was registered by the petitioner with the concerned authorities and further the date of delivery of
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 applies to ongoing projects and governs existing agreements. Prescribed interest rates do not override the Act's provisions.
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....
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.
The RERA Act applies to ongoing real estate projects, and the Act's provisions protect the rights of stakeholders, including home buyers and promoters.
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....
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