GOLD BRICKS INFRASTRUCTURES PVT. LTD. Vs. ATIT AGRAWAL

JUDGEMENT

(1.) All these miscellaneous appeals are heard together, as have been admitted primarily on the common questions of law.

(2.) The appellants herein are the Builders/ Colonizers/ Developers. The private respondents who purchased the plots filed a complaint before the Real Estate Regulatory Authority (for short "RERA"). According to the private respondents, they purchased plots in a project known as Anandam World City, Kachna on different dates. It was alleged that while they wanted to construct the houses, it was objected by the builders and a demand was made for infrastructure developments fees. Apart from that, the development work in the Colony i.e. Walkway, Fire-station, Open Area, Temple, Development of Pond, Garden, Other amenities of the Retail and Business Shops, Hospital, Amphitheater, Supermarket, Multiplex, ATM, Library, Doctor, Kids' Play Area was not provided. The boundary wall also remained incomplete and the roads were without street lights. Whereas in the brochure and the advertisement, all the amenities were promised to be provided. On such different count, the petition was filed wherein a joint order was passed by the RERA on 10/2/2020 and all the applications filed by the private respondents/ beneficiaries were dismissed.

(3.) Being aggrieved by such order, an appeal was preferred before the Appellate Tribunal. The Appellate Tribunal by its order dtd. 8/12/2020 remanded the case with certain directions and RERA was directed to get the area inspected by an Architect to evaluate whether development work was carried out or not and further direction was given that issue about payment of development/user charges in absence of agreement non-execution of the agreement be referred to the adjudicating authority and the grievances of the private homebuyer were directed to be decided afresh.