EMINENT INFRADEVELOPERS PVT LTD Vs. VIVEK RADHU

JUDGEMENT

(1.) This Second Appeal is arising out of the judgement rendered by the Real Estate Appellate Tribunal, in an Appeal No. 14 of 2019, M/s Eminent Infra Developers Pvt. Ltd. v. Shri Vivek Radhu, where while exercising appellate jurisdiction under Section 44 of Act of 2016, the Tribunal has delivered a judgement on 23.09.2019, which was arising of the judgement dated 31.12.2018, as passed by the Real Estate Regulatory Authority, Dehradun in a Complaint Case No. 92 of 2018, Vivek Radhu v. Manish Kumar Aggrawal and others, as decided entertaining complaint under Section 31 of the Act. As a consequence thereto, by the impugned judgements under challenge herein, which relates to the settling of liability on the appellant which has been saddled by the learned Tribunal, as well as and by the learned Regulatory Authority in relation to the remittance of the amount, as well as the interest payable on it by the developer. The brief facts of the case are :- A. The property allotted to the complainant vide allotment letter dated 05.02.2016 by the developer/appellant herein is a Studio Service Flat No. S-1-012, Arogya Gram, situated on the ground floor, having an area of 610 sq. feet in village Baheri, Rajputana, Tehsil Roorkee, District Haridwar.

(2.) Facts which emerges for consideration in the Second Appeal, are that in pursuance of the Bill, introduced in the Rajya Sabha on 15th March 2016, the Act called as "The Real Estate (Regulation and Development) Act, 2016" (hereinafter to be referred as "the Act of 2016), was formulated and enforced with an object to be achieved at was towards the role of Real Estate in the development of the country and its infrastructure which plays a very important role in development and while being engaged in the said development process, the developers are supposed to be extremely professional and necessarily there would be standardization of the projects which they are otherwise engaged to be built-up as per the terms of the allotment, which has been issued by them. The said purpose of the Act was to meet up the object of Consumer Protection Act 1986, also because here the principal allottee, who applies for allotment of the plot or flat falls to be within the definition of the consumer, who is otherwise legally entitled to get the real estate conveyed to him strictly in terms of the contract executed by him along with the developer by way of allotment letter and in the absence of the same since there had been a wide and rampant corruption prevailing in the development of the real estate by developers engaged in it, the Act of 2016 was enforced with a laudable social objective to be achieved.

(3.) Few facts which are necessarily required to be considered herein in the instant second appeal are and which is not in dispute also that the development project was floated by the defendant/appellant who admittedly happens to be the developer of the project called as "Aarogyam", situated at Village Badheri Rajputana, Tehsil Roorkee, Distt. Haridwar, which is a project which was to be developed by the present defendant/appellant in which the complainant/respondent had applied for an allotment of a flat measuring 610 sq. ft. which was numbered as Studio Service Flat No. S1/01 2, lying on the ground floor of the said project.