SIGNATURE GLOBAL LTD. Vs. PRAVEEN KUMAR GUPTA

JUDGEMENT

(1.) This order will dispose of the above-mentioned 19 appeals as common issues of law/facts arise in all the appeals. A common order dtd. 5/6/2025 was passed by the Appellate Tribunal in RERA Appeal Nos.92, 100, 101, 103, 108, 110, 112, 113, 121, 122, 123 and 129 of 2025. The said common order has been challenged in the present appeals along with the order passed by the Regulatory Authority.

(2.) RERA Appeal No.125 of 2025 has been filed challenging order dtd. 2/6/2025 passed by the Appellate Tribunal as well as the order of Regulatory Authority. RERA Appeal No.135 of 2025 has been filed challenging the order dtd. 23/7/2025 passed by the Appellate Tribunal as well as the order of the Regulatory Authority. RERA Appeal Nos.198 and 200 of 2025 have been filed challenging a common order dtd. 2/8/2025 passed by the Appellate Tribunal along with the orders passed by the Regulatory Authority. RERA Appeal No.220 of 2025 has been filed challenging the order dtd. 26/8/2025 passed by the Appellate Tribunal along with the order passed by the Regulatory Authority. In RERA Appeal Nos.221 and 222 of 2025, a common order dtd. 26/8/2025 was passed by the Appellate Tribunal which order is under challenge in the said two appeals along with the orders passed by the Regulatory Authority. In all the cases, common issues of law/facts arise and, as would be apparent from the subsequent part of the present order, the orders passed by the Appellate Tribunal in all the cases deserve to be set aside and the matters deserve to be remanded to the Appellate Tribunal on a short point. With the consent of all, RERA-APPL No.92 of 2025 is being taken up as the lead case and the facts/documents have been noticed from the same.

(3.) Learned senior counsel for the appellant in all the cases has submitted that in all the cases, there is a specific agreement between the appellant and the allottee. Specific reference has been made to the flat buyer's agreement (page 119 of the paper book of RERA Appeal No.92 of 2025) which has been entered into between the appellant and the allottee Praveen Kumar Gupta to highlight the fact that as per clause 5.1, the possession was to be delivered within 60 days from the date of issuance of occupancy certificate of the flat to the allottee, subject to force majeure circumstances. Learned senior counsel for the appellant has further referred to clause 19 to show that "force majeure" has been specifically defined in the agreement itself and the same also includes Court orders/directions from any governmental or statutory authority and epidemics as well as any legislation or rule or regulation made or issued by the government authority restricting the developer from complying with any of the terms and conditions of the agreement. Further, specific reference has also been made to clause 19.2 which specifically provides that the developer shall not be held responsible or liable for not performing any of its obligations or undertakings provided therein, if such performance is prevented due to "force majeure" conditions. Learned senior counsel for the appellant has also referred to clause 'N' (page 122 of the paper book) to highlight the fact that the parties were bound by the terms and conditions of the said agreement.