JANTA LAND PROMOTERS PVT. LTD. Vs. MANDEEP CHEEMA

JUDGEMENT

(1.) This batch of appeals (detail whereof is given on the foot of the judgment) has been preferred by the promoters/ developers challenging the correctness of the orders passed by the Real Estate Regulatory Authority and the Appellate Tribunal. Both the authorities have directed the appellant to refund the excess amount which was recovered from the allottees on account of alleged additional super area. The promoter has also been directed to pay interest on the delayed delivery of possession of the apartments. It may be noted here that neither before the Appellate Tribunal nor before this Court, the appellant disputes the correctness of its liability to pay interest for the delayed payment of the amount. Hence, in these appeals, the only issue debated is with regard to the correctness of directions to refund the amount charged due to alleged increase in the super area.

(2.) Some facts are required to be noticed.

(3.) The learned Senior Counsel representing the appellant admits that the facts in each case may be slightly different, however, the point in issue is common, therefore, it is convenient to dispose of the appeals by a common judgment.