Haryana Real Estate Tribunal Rules in Favor of Pawan Jeet Kohli against M/s Parsvnath Developers Ltd.

In a significant legal development, the Haryana Real Estate Appellate Tribunal recently rendered a decision in Appeal No. 700 of 2022, involving Pawan Jeet Kohli and M/s Parsvnath Developers Ltd. The case pertained to a dispute over a property and its conveyance deeds. The tribunal's decision has attracted attention due to its impact on contractual relationships and the rights of property owners. This article provides an in-depth analysis of the case, its implications, and the reasoning behind the tribunal's ruling.

Case Background:

Pawan Jeet Kohli, a resident of T-44, Ground Floor, Rajouri Garden, New Delhi 110027, filed an appeal challenging the order dated 27.04.2022 passed by the Haryana Real Estate Regulatory Authority. The respondent in the case was M/s Parsvnath Developers Ltd., with its registered office at Parsvnath Tower, Near Shahdara Metro Station, Shahdara Delhi, East Delhi 110032. The Authority's order, which was under scrutiny, dismissed the complaints filed by Kohli.

The Tribunal's Decision:

The Chairman of the Haryana Real Estate Appellate Tribunal, Justice Rajan Gupta, delivered the oral order on 15.05.2023. After examining the operative part of the Authority's order, the tribunal found that the Authority had not taken into consideration relevant legal precedents, including the judgment of the Hon'ble Supreme Court of India in the case of Wg. Cdr. Arifur Rahman Khan and Aleya Sultana and others v. DLF Southern Homes Pvt. Ltd. (now known as Begur OMR Pvt. Ltd.) and others (2020) 3 R.C.R. (Civil) 544.

The tribunal also noted that the complainants had taken possession of the plots and executed conveyance deeds in their names on 08.04.2019. However, the conveyance deeds did not mention the issue of delay interest. The Authority contended that by omitting to include delay interest in the conveyance deeds, the complainants could not seek compensation at a later stage. The tribunal disagreed with this interpretation and held that the Authority should have considered the legal principles established in relevant judgments.

Ruling and Remand:

Based on the above analysis, the tribunal set aside the order under challenge and remitted the case to the same Authority for a fresh decision. The tribunal directed the Authority to consider the judgment of the Supreme Court in Wg. Cdr. Arifur Rahman Khan's case and the decision rendered by the tribunal in Amit Gupta's case (Appeal no. 79 of 2022) before reaching a new decision. The parties were instructed to appear before the Authority on 02.06.2023.

Conclusion:

The Pawan Jeet Kohli vs. M/s Parsvnath Developers Ltd. case has significant implications for the interpretation of contractual relationships in the real estate sector. The Haryana Real Estate Appellate Tribunal's decision to remand the case highlights the importance of considering relevant legal precedents in resolving disputes. The fresh decision by the Authority will shed further light on the rights and obligations of parties involved in property transactions. This case serves as a reminder that statutory rights, such as rectification of defects or satisfactory maintenance, survive even after the execution of conveyance deeds.

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 No.700 OF 2022  before the Haryana Real Estate Regulatory Authority

We hope you found our blog insightful and engaging! We appreciate your time and interest. If you enjoyed reading it, don't forget to subscribe to our newsletter to receive regular updates on our latest content. Visit our website www.reunionhq.in to know more.