Godrej Projects Development Limited vs. Vimla Vishwanath Saw: Appellate Tribunal's Final Judgment

In a case brought before the Haryana Real Estate Appellate Tribunal, Godrej Projects Development Limited and Mrs. Vimla Vishwanath Saw and Mr. Vishwanath Saw were embroiled in a legal battle over the possession of an apartment in the Godrej Summit project. The dispute revolved around allegations of construction delays and substandard work, leading to the termination of the agreement between the parties. The tribunal's decision in Appeal Nos. 375/2019 and 392/2019, handed down on January 9, 2023, resolved the issues raised by both parties.

Background:

The dispute originated when Mrs. Vimla Vishwanath Saw and Mr. Vishwanath Saw booked an apartment in the Godrej Summit project on March 25, 2014, by paying an initial amount of Rs.10,00,000/- to Godrej Projects Development Limited. Subsequently, they made several additional payments, amounting to approximately 26% of the total sale consideration. The apartment was supposed to be handed over within 38 months, as per the agreement between the parties.

About Godrej Projects Development Limited

Godrej Properties is presently developing residential, commercial, and township projects in 12 cities spanning approximately 14 million square metres (151 million square feet). Godrej Properties Ltd was founded in 1990 as a real estate development corporation operating within the Godrej Group.

Allegations and Termination:

The allottees alleged that despite receiving a possession intimation letter, the apartment was not ready for occupancy. They terminated the agreement, citing substandard construction, and requested a refund of the amount paid. The promoter, on the other hand, claimed that the project was completed, an occupation certificate was obtained, and the allottees failed to make the balance payment, leading to the termination of the agreement.

The Complaint and Tribunal's Decision:

Unsatisfied with the promoter's response, the allottees filed a complaint with the Haryana Real Estate Regulatory Authority, seeking a refund. The Authority partially allowed the complaint, directing the promoter to refund the balance amount after deducting 10% of the total sale consideration. Both parties appealed this decision.

The Appellate Tribunal's Order:

The Appellate Tribunal, considering both appeals, disposed of them together since they were based on the same impugned order. It clarified the identities of the parties, referring to the promoter as the appellant in Appeal No. 375/2019 and respondents in Appeal No. 392/2019, and the allottees as respondents in Appeal No. 375/2019 and appellants in Appeal No. 392/2019.

After reviewing the facts and documents presented by both parties, the Tribunal upheld the Authority's decision to allow possession to the allottees. It directed the allottees to take possession of the apartment within 30 days and pay the balance amount as per the provisions of the Real Estate (Regulation and Development) Act, 2016. If the allottees failed to take possession, the promoter could deduct 10% of the total consideration and refund the remaining amount within 90 days.

Conclusion:

The Godrej Projects Development Ltd. v. Vimla Vishwanath Saw & Anr. case centered on the dispute over the possession of an apartment in the Godrej Summit project. The Tribunal's decision emphasized the importance of fulfilling contractual obligations and compliance with the relevant legal provisions. It provided a framework for the resolution of the dispute, ensuring that both parties' interests were considered and granting the allottees the opportunity to take possession of the apartment or receive a refund.

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 the Appeal Nos.375 & 392 of 2019 before the Haryana Real Estate Regulatory Authority

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