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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
| Table of Content |
|---|
| 1. factual background of the case and parties (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. arguments presented by the appellant's counsel (Para 10 , 11 , 12 , 13 , 14 , 15) |
| 3. court's analysis and observations on facts and law (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29) |
| 4. validity of settlement versus statutory obligations (Para 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44) |
| 5. conclusions on statutory obligations overruling private settlements (Para 46 , 47) |
| 6. final judgment and dismissal of appeal (Para 48 , 49 , 50) |
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 quest
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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