In the realm of real estate regulation and development, disputes between promoters and allottees are not uncommon. One such case that garnered attention is "M/s Pivotal Infrastructure Pvt. Ltd. vs. Mr. Rajinder Singh," commonly known as Appeal No. 733 of 2022. This case was brought before the Haryana Real Estate Appellate Tribunal, raising issues of delayed possession and the impact of force majeure events, including the COVID-19 pandemic.
The Haryana Real Estate Appellate Tribunal holds a crucial position in adjudicating real estate matters in the state. This article aims to delve into the background, analysis, and implications of this particular case, shedding light on the jurisdiction of the tribunal and the importance of its decisions in shaping the real estate sector.
Background of the Dispute
The crux of the dispute revolves around the project "Ridhi Siddhi," developed by M/s Pivotal Infrastructure Pvt. Ltd. under the Affordable Group Housing Policy. Mr. Rajinder Singh, the respondent-allottee, booked an apartment in this project and entered into an agreement with the appellant-promoter. The agreement stipulated a promised possession date and a payment timeline, creating contractual obligations for both parties.
Complaint and Response
Mr. Rajinder Singh filed a complaint before the Haryana Real Estate Regulatory Authority, alleging delay in possession of the apartment. In response, M/s Pivotal Infrastructure Pvt. Ltd. raised its defense, citing force majeure events, including the COVID-19 pandemic and pollution control measures, as the reasons for the delay. The complaint raised questions about the promoter's compliance with the possession timelines as per the Affordable Group Housing Policy.
Analysis of the Ruling
The Haryana Real Estate Regulatory Authority examined the case diligently and passed an order with specific directions. This section delves into the evaluation of the Authority's order and the applicability of the Real Estate (Regulation and Development) Act, 2016 (RERA Act). The analysis also interprets Section 18 and Rule 15 of the RERA Act and discusses their implications on the present case.
Key Legal Points
Understanding the significance of possession timelines and their relation to environment clearance becomes crucial in determining the appellant's liability. Additionally, the prescribed interest rate under Rule 15 of the Haryana RERA Rules is a contentious point of discussion in this case. To provide context, this section will compare the ruling with other similar cases and judicial precedents related to possession delays.
Impact of COVID-19 on Real Estate Projects
The outbreak of the COVID-19 pandemic brought unforeseen challenges to various industries, including real estate. This section analyzes the force majeure claim made by the appellant and examines how the pandemic impacted the construction industry. The overview of government restrictions and pollution control orders affecting the project sheds light on the validity of the appellant's claims, considering labor shortages and supply chain disruptions during the pandemic.
Implications for Promoters and Allottees
This section provides valuable advice for real estate developers on handling force majeure situations effectively. It also offers essential guidelines for allottees to assert their rights under the RERA Act in case of possession delays. Emphasizing the importance of adherence to contractual timelines and transparency in real estate transactions, this part serves as a practical guide for both promoters and allottees.
In conclusion, Appeal No. 733 of 2022 serves as a significant precedent in the real estate sector. The analysis of the case highlights the role of the Haryana Real Estate Appellate Tribunal in resolving disputes and upholding the principles of the RERA Act. As the real estate industry continues to evolve, compliance with regulatory guidelines and transparency in transactions become paramount for all stakeholders.
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. 733 of 2022 before the Haryana Real Estate Regulatory Authority
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