DEJEE SINGH vs SANA REALTORS PRIVATE LIMITED

Order pronounced. Delayed possession charges are allowed alongwith prescribed rate of interest i.e. 10.70% per annum from the due date of possession till the receipt of occupation certificate i.e. 18.07.2017 plus two months. Regarding other reliefs,  the same shall be addressed in the detailed order. Matter stands disposed off. Detailed order will follow. File be consigned to the registry.

The authority is busy to attend interaction programme to be held on 16.03.2023 and 17.03.2023 at India International Centre New Delhi organized by AIFORERA, so, the matter is adjourned to 11.04.2023 for the purpose as already fixed.

The counsel for the complainant draws attention of the authority towards the proceedings dated 13.10.2020  vide which delayed possession charges were allowed alongwith other reliefs detailed out and the same was to be followed by a detailed order. But, inspite of no restraint from any higher Court or Tribunal, the detailed orders were not yet issued. However,  the counsel for the respondent stated that in view of appeal filed by the respondent and thus due to pendency of the case/stay by the Hon’ble High Court   the detailed order were not issued. Now  the complaint  is being taken up in compliance of orders passed by the Hon’ble Supreme Court dated 12.05.2022, in SLP (Civil) No.13005 of 2020 titled as  M/s Sana Realtors Pvt. Ltd. versus Union of India and others vide which the Hon’ble Apex Court had passed the following orders:- “Learned advocate appearing in support of application for impleadment, submits that the orders passed by the authority as well as by the appellate authority under the Act, ought to be read in the light of the decision of the High Court which has now been affirmed by this Court.  It goes without saying that the rights of the allottees shall be governed by the decision of the High Court as affirmed by this Court. In case any contrary view  was taken by any of the authorities,  the applicants shall be entitled to approach the concerned authority afresh or seek revival of the old proceedings or appeal instituted earlier.  Such prayer, if made, shall be disposed of within two weeks of the filing”. Arguments heard. Order reserved. Matter to come up on 16.03.2023 for pronouncement of orders