Bhawana Wins Appeal Against Imperia Structure Limited for Delayed Possession in Landmark Real Estate Case

The Haryana Real Estate Appellate Tribunal recently heard an appeal in the case of Bhawana against Imperia Structure Limited and others. The appeal, registered under Appeal No. 456 of 2021, was filed by Ms. Bhawana, who sought relief for delayed possession, compensation, and refund of excess payment. This article provides an in-depth analysis of the case, including the background, arguments, and the tribunal's decision.

Background:

Ms. Bhawana, a resident of Patna, booked apartment No. 1103-D in the "Esfera" project developed by Imperia Structure Limited in Gurugram. The apartment was measured at 168.68 sq. meters, and an 'Apartment Buyer's Agreement' was signed between the parties. The total sale consideration for the apartment amounted to Rs. 56,82,550, of which Ms. Bhawana had already paid Rs. 45,05,553 to the developers.

The Complaint and Dismissal:

Since the possession of the apartment was not delivered within the agreed timeline, Ms. Bhawana filed a complaint with the Haryana Real Estate Regulatory Authority. Her complaint, registered as CR/2757/2020, invoked Section 31 of the Real Estate (Regulation and Development) Act, 2016. She requested the tribunal to direct the developers to pay delayed possession interest, compensate her, and refund any excess amount received.

However, the complaint was dismissed by the learned Authority on 09.07.2021. The dismissal order, which lacked reasoning, stated that the complaint was premature as per clause 10.1 of the Apartment Buyer's Agreement, which set the due date of possession as 23.07.2023.

The Appeal and Tribunal's Decision:

Unsatisfied with the Authority's decision, Ms. Bhawana decided to file an appeal against it. The appeal, No. 456 of 2021, was heard by the Haryana Real Estate Appellate Tribunal. During the proceedings, Ms. Bhawana presented her case in person, while Mr. Vaibhav Narang and Ms. Sapna Khurana, advocates, represented the respondents.

The tribunal observed that the Authority's order lacked reasoning, which is essential for a quasi-judicial authority. They emphasized that reasons provide an opportunity for the aggrieved party to challenge the findings and act as a safeguard against arbitrary decisions. Since the order failed to meet these requirements, the tribunal set aside the Authority's decision.

In their verdict, the tribunal allowed Ms. Bhawana's appeal and remanded the case back to the learned Haryana Real Estate Regulatory Authority for fresh trial and decision in accordance with the law. They instructed the Authority to dispose of the complaint within two months and scheduled a hearing for 24.02.2023.

Conclusion:

The case of Bhawana vs. Imperia Structure Limited & Others before the Haryana Real Estate Appellate Tribunal highlighted the importance of reasoned orders and adherence to legal procedures. The tribunal's decision to set aside the Authority's dismissal order and remand the case for a fresh trial ensures a fair and just resolution for Ms. Bhawana, who seeks delayed possession interest, compensation, and refund of excess payment.

Note: The information provided in this article about Haryana Real Estate Regulatory Authority (HRERA) is for informational purposes only. It is not intended as legal or professional advice and readers should consult qualified professionals for advice specific to their circumstances. The information provided in this article is based on Appeal No.456 of 2021 before the Haryana Real Estate Regulatory Authority

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