ATS REALITY PVT. LTD. Vs. U.P.REAL ESTATE APPELLATE TRIBUNAL
LAWS(ALL)-2020-12-40
HIGH COURT OF ALLAHABAD
Decided on December 14,2020

Ats Reality Pvt. Ltd. Appellant
VERSUS
U.P.Real Estate Appellate Tribunal Respondents

JUDGEMENT

- (1.) Heard Sri Prashant Chandra, Senior Advocate assisted by Sri Sushant Prakash and Ms. Mahima Pahwa, learned Counsel for the petitioner, Sri Shobhit Mohan Shukla, learned Counsel for respondent Nos.2, Sri Anand Kumar Singh, learned Standing Counsel for respondent No.3/State and Mr. Prashant Kumar, learned Counsel for respondent No.4/Yamuna Expressway Industrial Development Authority.
(2.) The petitioner is a Private Limited Company engaged in the promotion of development and construction work. It works as a promoter. In respect of one of it's scheme ATS ALLURE, the petitioner is registered as a promoter with RERA (Real Estate Regulatory Authority). Eight complaints were made by different allottees in connection with the above Scheme alleging delay in possession, charging of interest for the delayed period and claiming charges/compensation on account of inordinate delay in putting allottees in possession.
(3.) All the aforesaid complaints were decided by RERA vide judgment and order dated 25.6.2020 wherein apart from other directions, the petitioner was directed to put the allottees in possession of the respective units allotted to them latest by 31.3.2021 and for payment of interest @ MCLR + 1% from 13.11.2017 till the date of offer of the possession excluding the lockdown period 24.3.2020 to 30.9.2020 due to COVID-19 pandemic. The interest amount was directed to be adjusted in the final outstanding balance to be paid by the allottees and in the event, the interest payable exceeds the balance amount, the same was directed to be paid as directed above.;


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