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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