Recently, the UP Real Estate Appellate Tribunal Lucknow has restrained Capital Infra Projects from creating any third party interest in a disputed property.
Sri Abhishek Khare, counsel for the appellant submitted that the appellant feeling aggrieved against the delay in the project approached the Regulatory Authority by means of complaint no. 201810676 (Vikram Kapoor vs Capital Infra Projects Pvt. Ltd.) . The RERA vide order dated 31/2/2018 directed the respondent to ensure possession of the unit as the respondent had already obtained occupation certificate and also for an award of interest @ MCLR + 1% for the delay in favour of the appellant(allottee).
The respondent in pursuance to the order of the RERA dated 31.12.2018 issued a letter dated 15.02.2019 giving details of the penalty charged by the respondent and interest receivable by the appellant.
Then against this appellant approached RERA and the Authority vide order dated 31/10/2019 directed the respondent (builder) to provide possession of the flat by 28.02.2020 or return the appellant’s money along with interest @ MCLR + 1% to the appellant.
However, counsel for the appellant contended that the respondent did not offer the flat’s possession by the end of February 2020 and that appellant’s right to refund has become perfect.
After that, the respondent(builder) demanded money and issued a cancellation notice with forfeiture of the entire amount of Rs.10,000,00/. The appellants prayed the Court that the respondents should be restrained to take any action.
Observations and Decision of the Appellate Tribunal
After considering the parties’ submissions, the Appellate Tribunal opined that the order dated 18.11.2020 had been passed without considering the earlier two orders passed by the RERA between the same parties.
The Authority also restrained the respondents from creating any third party interest in the property in dispute. Respondents and appellants were allowed to send in their objections within ten days through email.
Title: VIKRAM KAPOOR vs CAPITAL INFRA PROJECTS PVT. LTD.
Case No.: APPEAL-103/2021
Cor Hon’ble Mr Justice (Dr.) D.K. Arora, Chairman, Hon’ble Mr T.B. Singh, Judicial Member Hon’ble Mr K.K. Jain, Technical Member