Runwal Developers Pvt. Ltd. v. Shanta Talukdar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION rrpillai SECOND APPEAL NO. 503 OF 2024 Dhruva Wollen Mills Pvt. Ltd.

...

Appellant Vs.

Bijon Dhirendra Talukdar ...

Respondent Mr. Mayur Khandeparkar aw. Mr. Abir Patel and Ms. Lavina Bhargava i/b. M/s. Wadia Ghandy & Co. for the Appellant. Mr. Vikramjit Garewal a/w. Mr. Bhushan Bhadgale i/b. Mr. Ruturaj Bankar for the Respondent.

CORAM : GAURI GODSE, J.

DATE :

19th AUGUST 2024 P.C.

1.

Heard learned counsels for the parties. The Second Appeal is admitted on the following substantial questions of law : (i) Whether Maharashtra Real Estate Regulatory Authority or Maharashtra Real Estate Appellate Tribunal retains jurisdiction to entertain a complaint under Section 31 read with Section 18 of the Real Estate (Regulation and Development) Act, 2016 at the behest of an allottee in respect of the building, after construction has been completed with by RAJESHWARI RAMESH PILLAI Date:

2024.09.10 16:04:52 +0530 RAJESHWARI RAMESH PILLAI 1/3

occupation certificate ?

(ii) Whether by virtue of Order No. 14 of 2020 dated 18th May 2020, the promoter is entitled to exclusion of time and/or statutory recognized force majeure for seeking exclusion of time in computation of date of possession and/or for computing period of default in context of complaints filed by allottee under Section 18 of Real Estate (Regulation and Development) Act, 2016 ?

(iii) Whether a complaint under Section 18 of Real Estate (Regulation and Development) Act, 2016 is maintainable on the basis of an allotment letter containing no date of possession ?

(iv) In the event of question no. (iii) being answered in the affirmative, whether can a period, other than three years from the date of such allotment letter be regarded as a date for possession in context of a complaint under Section 18 of Real Estate (Regulation and Development) Act, 2016 ? (v) Whether a stipulation for forfeiture contained in an allotment letter is enforceable ?

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2.

Mr.Garewal waives notice for the respondent. 3.

Call for record and proceedings.

4.

Printing is dispensed with.

5.

Learned Advocate for the Apellant shall file private paper book within one year from today.

[GAURI GODSE, J.] 3/3