VidhiSangh

Supreme Court of India · 11/11/2021

M/S. NEWTECH PROMOTERS AND DEVELOPERS PVT. LTD. versus STATE OF UP & ORS. ETC.

[2021] 9 S.C.R. 909 · 2021 INSC 716

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Summary

The Court upheld RERA’s application to ongoing projects, the regulatory authority’s power to order refunds with prescribed interest, delegation of complaint decisions to a single member, and the promoter’s mandatory appeal pre-deposit. Compensation and interest on compensation remained exclusively for the adjudicating officer. Refund principal with interest was recoverable under Section 40(1). Promoters were permitted to pursue statutory appeals within thirty days subject to the prescribed deposit.

Issues

  1. Whether RERA lawfully covered ongoing projects despite earlier buyer agreements.
  2. How refund and compensation jurisdiction was divided and whether complaint decisions could be delegated to one member.
  3. Whether the promoter’s appeal pre-deposit and recovery of refund principal were lawful.

Provisions considered

Held

Result

Appeals disposed of without finding error in the impugned judgment. Statutory appeals permitted within thirty days of this judgment subject to Section 43(5) pre-deposit, for decision on merits by the Tribunal. No costs; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2021] 9 S.C.R. 909.