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ABDUL MOIN
U. P. Avas Evam Vikas Parishad Thru. Its Housing Commissioner – Appellant
Versus
Savita Kashyap – Respondent
JUDGMENT :
(I. A. No.1 of 2022)
This is an application for condonation of delay in filing the appeal supported with affidavit.
Heard Shri Umesh Chandra Pandey, learned counsel for the appellant.
The reasons indicated in the affidavit filed in support of the application are sufficient.
Accordingly, on due consideration, the application is allowed and delay in filing the appeal is hereby condoned.
Order on the memo of appeal
1. Heard Shri Umesh Chandra Pandey, learned counsel for the appellant.
2. The second appeal under Section 58 of the Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as the Act 2016) has been filed framing the following substantial questions of law, which for the sake of convenience are reproduced below:
(b) Whether is not considering that Respondent is not an allottee and the delay caused was beyond the control of the appellant and which is force majeure, the order impugned stands good in the eye of law?
(c) Whether the o
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 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 main legal point established in the judgment is that ongoing real estate projects, which commenced prior to the Act and had not received a completion certificate, fall under the purview of the Re....
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.
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