LAWS(DLH)-2023-9-30

SUSHMA SINGH Vs. C. J. INFRASTRUCTURE PVT. LTD

Decided On September 05, 2023
SUSHMA SINGH Appellant
V/S
C. J. Infrastructure Pvt. Ltd Respondents

JUDGEMENT

(1.) This petition filed under Article 227 of the Constitution impugns the orders dtd. 17/4/2023, 19/7/2023 and 11/8/2023 passed by Real Estate Appellate Tribunal ("REAT' or 'Appellate Tribunal").

(2.) In the facts of this case, Real Estate Regulatory Authority ("RERA' or 'Authority') was pleased to allow the complaint bearing no. 38 of 2019 filed by the Petitioner herein. RERA by its judgement dtd. 20/9/2022 directed Respondent No. 1 to pay the Petitioner herein interest at 10% (MCLR + 2%) from the date of the promised possession i.e., on all deposits made to them till the date of actual possession of the shops.

(3.) The learned counsel for the Petitioner states that the Appellate Tribunal in exercise of its powers under Sec. 43(5) of the Real Estate (Regulation and Development) Act, 2016 ("the Act of 2016') vide order dtd. 22/5/2023 directed Respondent No. 1 to deposit 100% of the amount awarded by the Authority.