RENAISSANCE INFRASTRUCTURE Vs. PARTH B SUCHAK

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) This second appeal is from dismissal of an appeal preferred under Section 44 of the Real Estate Act for non-compliance with a pre-deposit order passed by RERA Appellate Tribunal. Respondent No.1 was the original complainant before the adjudicating officer-RERA, whereas the Appellant was the respondent-promoter in the complaint, and who had challenged the order of the adjudicating officer before the Appellate Tribunal.

(3.) It was the case of the complainant that he had purchased six plots of land together with pre-engineered steel portal framed rectangular building, termed as 'warehousing building', from the respondent promoter under an agreement for sale dated 10 December 2009. It was submitted that possession of the suit premises was to be handed over to the complainant-allottee on or before 9 March 2010. It was submitted that since the possession was not so handed over, as per Condition No.4 of the agreement, the promoter was liable to compensate the complainant for loss of rent, which was agreed at the rate of Rs.10/- per sq. ft. per month. This compensation, according to the complainant, worked out to Rs.5.04 Crores, calculated upto 30 June 2018, that is to say, after the grace period of six months of the agreed date of possession and till the time of filing of the complaint (i.e. for about 80 months). The Adjudicating Officer, by his order dated 20 March 2019, ordered the Appellant herein to pay compensation to the complainant-allottee from 9 September 2010 and till handing over possession of the warehousing building at the rate of Rs.6,30,000/- per month in addition to the direction for handing over possession of the plots with the warehousing building and execution of conveyance in favour of the applicants. This order was carried by the Appellant herein before the Appellate Tribunal, who, by its orders dated 9 January 2020 and 24 January 2020, after considering the application of the Appellant-promoter herein for waiver of pre-deposit, as per proviso to sub-section (5) of Section 43 of the Real Estate Regulation and Development Act 2016 ("Act"), ordered the Appellant to deposit 50 per cent of the amount computed as per the impugned order before the Appellate Tribunal as a condition for entertaining the appeal. Since this amount was not deposited by the Appellant herein, the appeal was dismissed by the Appellate Tribunal by its final order dated 20 March 2019. These three orders are the subject matter of challenge in the present second appeal.