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MAHESH CHANDRA TRIPATHI, PRASHANT KUMAR
Madhubala Jaiswal – Appellant
Versus
Real Estate Appellate Tribunal – Respondent
JUDGMENT :
Mahesh Chandra Tripathi, J.
1. Heard Shri Pankaj Jaiswal, learned counsel for the petitioner, Shri H.N. Singh, learned Senior Counsel assisted by Shri Ashish Agrawal, learned counsel appears for the Uttar Pradesh State Industrial Development Authority.
FACTUAL MATRIX OF THE PRESENT CASE:
2. Uttar Pradesh State Industrial Development Authority, [UPSIDA] launched a scheme of residential plot in ‘Saraswati-Hi Tech City Naini, Allahabad’. The petitioner who is 75 years old lady, made an Application No. 1693 on 18.09.2016 for allotment of plot and had deposited Rs.1,95,930/- as Registration amount. The petitioner was found to be successful and was allotted a plot No. B 440 (measuring 200 Sq. Meter) on 18.02.2017 and the cost of plot was fixed at Rs. 36 lakhs. The allotment letter was issued on 18.02.2017, wherein it was stated that 25% of the total premium of plot after adjusting registration amount is to be deposited within 30 days.
3. From the record it emerges that the condition in the allotment letter was that the allottee while participating has to deposit Rs.1,93,320/- as registration amount and after he/she was found successful in getting the allotment, the allottee would b
No party can benefit from its own wrong; UPSIDA cannot charge interest for delays caused by its own actions.
1. Interest will be calculated after the period of assured possession has elapsed – from when cause of action has arisen2. Arbitration is not a bar to consumer complaint
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....
The court held that the lessee is entitled to the provision of an approach road as stipulated in the lease deed, justifying waivers of interest and zero period until compliance by the lessor.
Developers are entitled to waivers and extensions when failure to provide essential infrastructure, such as access roads, obstructs project execution, affirming obligations under lease agreements.
Authority must provide preferential land allotment to disabled persons per applicable legislation; arbitrary cancellations and excessive interests are unjust.
The main legal point established in the judgment is the authority's power to condone the delay in exceptional circumstances and restore the plot, as supported by the GMADA Act, 1966, and previous cas....
The principle of unjust enrichment and the doctrine of legitimate expectations were central to the court's decision, emphasizing the obligation of the Development Authority to act fairly and reasonab....
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.
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