Uttarakhand High Court
RERA APPEAL/1/2023 on 14 March, 2023
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14.03.2023 RERA APPEAL No.1 of 2023
Hon'ble Alok Kumar Verma, J.
Present RERA APPEAL has been filed
under Section 58 of the Real Estate
(Regulation & Development) Act, 2016
against the judgment dated 22.12.2022,
passed by the Uttarakhand Real Estate
Appellate Tribunal, Dehradun in Appeal
No.27 of 2019 to the extent of awarding
delayed interest and issue of
compensation for not providing modular
kitchen, wardrobe and wooden floor to
the respondents-complainants.
Heard Mr. Suresh Chandra Sharma,
learned counsel with Mr. Mukesh Singh
Rawat, learned counsel for the appellant.
Mr. Suresh Chandra Sharma,
learned counsel for the appellants,
submitted that appellant no.1 alongwith
appellant no.2 had purchased the land of
58 bigha from the land owners and after
obtaining requisite approvals from
Mussoorie Dehradun Development
Authority developed the project named
"GTM Forest & Hills" in the first phase.
The first phase of the project consists of
twenty towers having total 256 flats.
Respondents/complainants jointly
booked a three bed room flat vide
Agreement dated 26.11.2006. After
completion of construction, the accounts
between the respondents/complainants
and the appellant no.1 stood settled on
31.03.2013. After execution of sale deed
of the flat in favour of the respondents
and after issuance of the possession
letter, respondent no.1 had sent a legal
notice dated 05.02.2014 disputing that
the flat was incomplete on the date of
execution of the sale deed and as such
there was delay of 68 months. The said
legal notice was denied by the appellant
no.1 stating that the payment against
the final demand notice dated
30.06.2012 was settled on 31.03.2013.
The possession letter was also sent on
06.11.2013 but, the respondents took
possession on 10.01.2014 only.
Mr. Suresh Chandra Sharma,
Advocate, contended that the Regulatory
Authority cannot reopen the contract
concluded prior to coming into force of
the said Act 2016; the Regulatory
Authority cannot hear the complaint
against delayed handing over of
possession, where possession was
handed over much prior to coming into
force the said Act 2016. He further
submitted that full and final settlement
arrived between the parties cannot be
given the different meaning against its
very intent and purpose, and, the said
Act 2016 is not applicable where the
parties have settled their disputes and
possession has been handed over and
sale deed has been executed.
The present RERA APPEAL is
admitted on the following substantial
questions of law:-
(1) Whether the Regulatory Authority
can reopen the contract concluded
prior to coming into force of the
Real Estate (Regulation &
Development) Act, 2016 where
under the rights have already been
vested in the respective parties?
(2) Whether the Regulatory Authority
can hear the complaint against
delayed handing over of
possession where possession was
handed over much prior to
coming into force the Real Estate
(Regulation & Development) Act,
2016?
(3) Whether the full and final
settlement arrived between the
parties can be given the different
meaning against its very intent
and purpose?
(4) Whether the Real Estate
(Regulation and Development)
Act, 2016 is applicable where the
parties have settled their
disputes and possession has
been handed over and sale deed
has been executed?
Issue notice to the respondents.
Steps to be taken within a week.
List on 25.04.2023.
In the facts and circumstances of
the case, the effect and operation of the
order dated 29.07.2019, passed by the
Uttarakhand Real Estate Regulatory
Authority and the impugned judgment
dated 22.12.2022 passed by the
Uttarakhand Real Estate Appellate
Tribunal, Dehradun are stayed till the
next date of listing.
(Alok Kumar Verma, J.)
14.03.2023
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