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2019 DIGILAW 291 (PNJ)

Experion Developers Pvt. Ltd. v. Union of India

2019-01-25

LALIT BATRA, MAHESH GROVER

body2019
JUDGMENT : 1. Interalia contends that Section 3 of the RERA Act provides that no promoter shall advertise market or sell a plot apartment of building in any real estate project without registering it (project) with the Real Estate Regulatory Authority established under the Act. The proviso to the section states that projects that are on going on the date of commencement of this Act and for which completion certificate has not been issued to the promoter shall be obligated to make an application to the authority for registration of the project within a period of three months from the commencement of the Act. Section 4 provides for application for registration or re-registration of the projects and Section 4(2) (1) requires a declaration supported by an affidavit to be furnished by the promoter or any person authorized by him prescribing amongst other information the time period within which he undertakes to complete the project or phase thereof as the case may be. 2. Section 18 onwards are few provisions which deal with contingencies of default and Section 18(1) notes that if the promoter fails to complete or is unable to give possession of an apartment/plot/building in accordance with the terms of the agreement for sale or as the case may be duly completed by the date specified therein he shall be liable on demand to the allottees to return the amount received by him in respect of that apartment/plots/building as the case may be with interest at such rate as may be prescribed in this behalf including compensation in the manner as provided under the Act. 3. Section 19(2), (3) & (4) extracted hereinbelow:- “(2) The allottee shall be entitled to know stagewise time schedule of completion of the project, including the provisions for water, sanitation, electricity and other amenities and services as agreed to between the promoter and the allottee in accordance with the terms and conditions of the agreement for sale. (3) The allottee shall be entitled to claim the possession of apartment, plot or building, as the case may be, and the association of allottees shall be entitled to claim the possession of the common areas, as per the declaration given by the promoter under sub-clause (c) of clause (I) of sub-Section (2) of Section 4. (3) The allottee shall be entitled to claim the possession of apartment, plot or building, as the case may be, and the association of allottees shall be entitled to claim the possession of the common areas, as per the declaration given by the promoter under sub-clause (c) of clause (I) of sub-Section (2) of Section 4. (4) The allottee shall be entitled to claim the refund of amount paid along with interest at such rate as may be prescribed and compensation in the manner as provided under this Act, from the promoter, if the promoter fails to comply or is unable to give possession of the apartment, plot or building, as the case may be, in accordance with the terms of agreement for sale or due to discontinuance of his business as a developer on account of suspension or revocation of his registration under the provisions of this Act or the Rules or regulations made thereunder.” 4. Learned counsel for the petitioner contends with reference to the aforestated provisions under Section 19 that either after the registration the petitioner is bound to give declaration in the terms of the Act or is left to the terms of the agreement but the perusal of the provisions would show that at some stage the statute talks of binding the petitioner to the terms and conditions of the agreement for sale and at some stage to the declaration and the provisions of the Act. 5. Notice of motion for 03.07.2019.