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HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW
PRASHANT KUMAR
Lko. Development Authority Lko. Thru. Authorized Signatory Rohit Singh – Appellant
Versus
Sushma Shukla – Respondent
JUDGMENT :
PRASHANT KUMAR, J.
1. The instant RERA appeal under section 58 of the Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as ‘Act, 2016’) has been filed by the appellant against judgement and order dated 01.04.2025 passed by the learned Tribunal in Appeal No.100 of 2019 ( Smt. Sushma Shukla v. Lucknow Development Authority ).
Factual Matrix:
2. The appellant launched a project in the name of Srishti Apartments situated at Jankipuram Vistar, Lucknow (hereinafter referred to as ‘project in question’). The respondent applied for the allotment of a unit in the project in question and was allotted flat bearing no. 1101-G Block on the eleventh floor vide allotment letter dated 15.11.2011, which was later changed to flat no.6-G Block at the request of the respondent.
3. The total estimated cost was Rs.22,30,000/- and the respondent had opted for self finance for which he was supposed to pay 7 installments from 31.12.2011 till 31.03.2013. For this the appellant also issued ‘No Objection Certificate’ in favour of the respondents on their request for taking Home Loan subject to certain terms and conditions.
4. The flat was proposed to be handed over in 24 months
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 judgment established the unconditional right of the allottee to seek refund and the application of promissory estoppel in enforcing promises made by the promoter.
Land-owners are deemed consumers under the Real Estate Act, allowing them to file complaints against builders, overriding arbitration clauses in contracts.
Section 37 provides that K-RERA for the purpose of discharging its functions under the provisions of Act or Rules or Regulations can issue directions from time to time to promoters allottees or real ....
(1) Consumer Protection Act and RERA Act neither exclude nor contradict each other – They are concurrent remedies operating independently and without primacy.(2) For interest payable on amount deposi....
(1) Incorporation of one-sided and unreasonable clauses in the Apartment Buyer’s Agreement constitutes an unfair trade practice under Section 2(1)(r).(2) Commission is competent to entertain and deci....
Allottees possess an unqualified right under section 18 of the Act to withdraw from the project and demand refunds if possession is not delivered in accordance with the agreement, emphasizing timely ....
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