FEDERATION OF RESIDENTS’ WELFARE ASSOCIATIONS

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

25.08.2021

Dear Members,

 

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

Emaar MGF Land Ltd.

Vs.

1. Ms. Simmi Sikka & Ors.

Held that the project in question required registration as no completion certificate was issued to the promoter by the competent authority on or before the commencement of the Act and therefore the project in question falls within the purview of the ‘ongoing project’. As a result of abandoning the claim of compensation, the learned Authority had every jurisdiction to adjudicate the complaint filed by the complainant. The provisions of the Act being retroactive in nature, will apply to the present project. We also do not find any error in the findings of the learned Authority with respect to the determination of the due date of the offer of possession of the retail space of the shop and the rate of interest. The complainant cannot claim compound interest @ 24% for delay in delivery of possession as prayed for in the cross appeal bearing no.64 of 2018. Consequently, the impugned order passed by the learned Authority does not suffer from any legal infirmity or illegality calling for any interference by this Tribunal. Resultantly, both the appeals being without any merit are hereby dismissed.

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