Monday 23 August 2021

Hon'ble Hreat Court Judgement.

                                                                                                                                                                                                                                                                                             


FEDERATION OF RESIDENTS’ WELFARE ASSOCIATION

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

24.08.2021

 

Dear Members,

 

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

Amit Gupta

Vs.

Athena Infrastructure Ltd

Held that the approach of the Ld. Authority is erroneous. The Hon'ble Apex Court in case Wg. Cdr. Arifur Rahman Khan and Aleya Sultana and others vs. DLF Southern Homes Pvt. Ltd. (now known as BEGUR OMR Homes Pvt. Ltd.) and others 2020(3) R.C.R.(Civil) 544 has laid down as under: - “The developer in the present case has undertaken to provide a service in the nature of developing residential flats with certain amenities and remains amenable to the jurisdiction of the Consumer Fora. Consequently, we are unable to subscribe to the view of the NCDRC that flat purchasers who obtained possession or executed Deeds of Conveyance have lost their right to make a claim for compensation for the delayed handing over of the flats.” In view of the aforesaid ratio of law laid down by the Hon'ble Apex Court, the allottees will not lose their right to claim interest for delayed possession merely on the ground that the conveyance deed had already been executed. The execution of the conveyance deed cannot extinguish the cause of action which had already accrued to the allottee due to delay in delivery of possession. Thus, the impugned order passed by the Ld. Authority is not sustainable. Consequently, the present appeal is hereby allowed. The impugned order dated 19.12.2019 is hereby set aside. The case is remanded to the Ld. Authority to pass fresh order in accordance with law.

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

 

 

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