FEDERATION OF RESIDENTS’ WELFARE ASSOCIATIONS

                                                    V-3/11 DLF Phase- III Gurugram-122001|

                                                         Phone: 0124-4014318; 0124-4990107

 

27.08.2021

Dear Members,

 

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

M/s Alpha Corp Development Pvt. Ltd.

V/s

Baldev Kumar Bajaj

Held that Shri Munish Kapila, Advocate, Ld. counsel for the respondent-allottee has very fairly pleaded that the question with respect to the delay in offer of possession and consequent payment of the delayed compensation is yet to be decided by the Ld. Authority on merits of the case. Thus, 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 ASSOCIATIONS