FEDERATION OF RESIDENTS’ WELFARE ASSOCIATIONS

V-3/11 DLF Phase- III Gurugram-122001|Phone: 0124-4014318; 0124-4990107

26.08.2021

 

Dear Members,

 

The Hon’ble H-REAT court in the recent case of-

M/s Alpha Corp Development Pvt. Ltd.

V/s

Neelam Rani and Another

Held that in para no.4(i) of the impugned order dated 11.02.2020 it has been observed that relationship between the parties is till subsisting since it is an admitted fact that the respondent-allottee has not given possession of the plot to the complainant. Ld. counsel for the appellant-promoter has raised his contentions with respect to these observations made by the Ld. Authority expressing apprehension that the Ld. Authority has pre-judged the case and had observed that the appellant-promoter had not delivered the possession and has been directed to pay the reasonable compensation in order to safeguard the interest of the appellant promoter, it will be suffice to mention that anything observed by the Ld. Authority in the impugned orders with respect to the delay in offering/delivering possession of the plot to the respondent-allottee and directions for payment of reasonable compensation by way of amicable settlement of the dispute, will not prejudice the mind of the Ld. Authority to adjudicate the question regarding payment of interest for any delay in delivery of the possession. It is obvious that in order to determine as to whether, the appellant-promoter is liable for payment of any interest for delayed possession or not, the Ld. Authority has to first determine as to whether there was any delay in offering the possession of the plot to the respondent-allottee. If so, whether the delay was attributable to the appellant-promoter and if these questions are decided against the appellant-promoter, then, the Ld. Authority will proceed to determine the quantum of interest payable to the respondent allottee for delayed possession.

 All the best,

God bless u all

President,

Federation of Residents Welfare Association

V 3/11 DLF PHASE III

GURUGRAM-122002

HARYANA,

0124 4-14318,0124 4990107,08860332404.

PRESIDENT

FEDERATION OF RESIDENTS WELFARE ASSOCIATION