Ar Landcraft Llp

The appellant requested time to deposit the balance amount required under Section 43(5) of the Act 2016, and the matter is scheduled for hearing on the application for condonation of delay on 10.01.2025.

The Tribunal granted an adjournment to the appellant subject to a cost of Rs. 25,000/- to be paid to the respondent, while noting allegations of harassment and threats made by the appellant against the respondent.

The Tribunal noted the appellant's deposit of Rs. 56,89,111/- in compliance with Section 43(5) of the Act and granted the respondent 10 days to file objections to the condonation of delay application and grounds of appeal.

The Tribunal dismissed the developer's appeal, directing the payment of delay interest to allottees, the execution of supplementary deeds to correct area/plot size discrepancies, the refund of mandatory club fees, and an investigation into potential collusion between the developer and GNIDA regarding land use violations.

The Tribunal directed the respondent promoter to pay the due APR amount to the appellant on or before the next hearing date, noting that the process for correcting the sublease deed is underway.

The Tribunal admitted the appeal and accepted an undertaking from the appellant's Deputy Director to correct errors regarding the Advance Payment Rebate (APR) and the exclusion of exclusive area in the sub-lease deed.

The Tribunal directed the appellant/promoter to summon their Accounts Officer with relevant records to explain alleged manipulation of interest accounts and ordered the filing of documents regarding the actual area of the unit to address claims of a 250 sq. ft. shortfall.

The Tribunal accepted an undertaking from the appellant (AR Landcraft LLP) to hand over letters of offer of possession and demand drafts for costs, with a commitment to provide physical possession of the units by February 28, 2025.

The Tribunal granted a final adjournment to the appellant subject to a penalty of Rs. 50,000 to be paid to the respondent, while clarifying that possession of the unit must be handed over free from all encumbrances.

The Tribunal adjourned the matter and imposed a cost of Rs. 15,000 on the appellant/promoter to be paid to the respondent, while also restraining the appellant from creating any third-party interest in the unit.

The Tribunal granted the appellant a final 10-day extension to comply with Section 43(5) of the Act, warning that failure to comply will result in the dismissal of the defective appeal.