Judgement of Hon'ble HREAT

FEDERATION OF RESIDENTS’ WELFARE ASSOCIATIONS

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

 

                                                                                        30.08.2021

Dear Members,

 

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

M/s Landmark Apartments Pvt. Ltd.

Versus

Santosh Chauhan

Held that The Hon’ble High Court in Experion Developers Pvt. Ltd. Versus State of Haryana and others’ case (Supra) has laid down that the amended rules shall be applicable retrospectively as the amendment is procedural one and the pending complaints shall be decided as per the amended rules. Reference can be made to para no.72 of the aforesaid judgment, which reads as under: - “72. In view of the settled legal position, the position that emerges is this. As long as the complaint is yet to be decided as on the date of the notification publishing the Haryana Amendment Rules 2019, that will now be decided consistent with the procedure outlined under the amended Rules 28 and 29 of the Haryana Rules. In other words, if the pending or future complaint seeks only compensation or interest by way of compensation, and no other relief, it will be examined only by the AO. If the pending or future complaint seeks other reliefs i.e. other than compensation or interest by way of compensation, the complaint will have to be examined by the Authority and not the AO. If the pending or future complaint seeks a combination of reliefs, the complaint will have to be examined first by the Authority. If the Authority finds there to be a violation of Sections 12, 14, 18 and 19 of the Act by the promoter, and the complaint is by the allottee, then for determining the quantum of compensation such complaint will be referred by the Authority to the AO in terms of the amended Rule 28 of the Haryana Rules. A complaint that has already been adjudicated prior to the coming into force of the amended Rules 28 and 29 of the Haryana, and the decision has attained finality, will not stand reopened.” In view of the amended rules which have become applicable to the present proceedings and the authoritative pronouncement of the Hon’ble High Court in Experion Developers Pvt. Ltd. Versus State of Haryana and others’ case (Supra), the contentions raised by learned counsel for the appellant are without any substance.

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