1. The document is an appeal order from the Haryana Real Estate Appellate Tribunal regarding a dispute between HDFC Ltd and property allottees over the refund of amounts paid for an uncompleted housing project.
2. The Tribunal modified the previous RERA authority's refund order to specify that HDFC's loan claim must be satisfied first from any refund, before the remaining amount is paid to the allottees.
3. The allottees' lawyer conceded to this modification, acknowledging HDFC's right to repayment as the loan provider. The Tribunal then disposed of the appeal with this clarified order.
1. The document is an appeal order from the Haryana Real Estate Appellate Tribunal regarding a dispute between HDFC Ltd and property allottees over the refund of amounts paid for an uncompleted housing project.
2. The Tribunal modified the previous RERA authority's refund order to specify that HDFC's loan claim must be satisfied first from any refund, before the remaining amount is paid to the allottees.
3. The allottees' lawyer conceded to this modification, acknowledging HDFC's right to repayment as the loan provider. The Tribunal then disposed of the appeal with this clarified order.
1. The document is an appeal order from the Haryana Real Estate Appellate Tribunal regarding a dispute between HDFC Ltd and property allottees over the refund of amounts paid for an uncompleted housing project.
2. The Tribunal modified the previous RERA authority's refund order to specify that HDFC's loan claim must be satisfied first from any refund, before the remaining amount is paid to the allottees.
3. The allottees' lawyer conceded to this modification, acknowledging HDFC's right to repayment as the loan provider. The Tribunal then disposed of the appeal with this clarified order.
1. The document is an appeal order from the Haryana Real Estate Appellate Tribunal regarding a dispute between HDFC Ltd and property allottees over the refund of amounts paid for an uncompleted housing project.
2. The Tribunal modified the previous RERA authority's refund order to specify that HDFC's loan claim must be satisfied first from any refund, before the remaining amount is paid to the allottees.
3. The allottees' lawyer conceded to this modification, acknowledging HDFC's right to repayment as the loan provider. The Tribunal then disposed of the appeal with this clarified order.
Present: Ms. Parul Chadha, Advocate, for Shri Shekhar
Verma, Advocate, learned counsel for the appellant. Shri Arun Singla, Advocate, ld. Counsel for respondents no.1 to 3. Shri Hemant Saini, Advocate, ld. counsel for respondent no.4.
During the course of proceedings in the present
appeal, it was brought to our notice that Civil Writ Petition
No.12237 of 2019 has been filed by the respondent no.4.
We have requested learned counsel for the parties to
produce the copy of the writ petition and the order passed
by the Hon’ble High Court.
2. The Division Bench of the Hon’ble High Court has
passed the order dated July 17, 2019 in the said writ
petition as under: -
“Learned counsel for the respondents have
brought to the notice of this Court that against the order passed by the RERA, appeals have been filed which are still pending and dates are being taken in those cases because of pendency of this writ petition whereas, learned counsel for the petitioners submits that claim in appeals and the present petition is totally different. In the present petition, the prayer is for quashing of Sections 13, 18 and 19 (4) of the Real Estate (Regulation and Development) Act, 2016 as well as Rules 8 and 15 2 Appeal No.366 of 2019
of the Haryana Real Estate (Regulation and
Development) Rules, 2017 only to the extent of their retrospective operation and this petition is maintainable. Keeping in view the submissions made by learned counsel for the parties and also the fact that learned counsel for the respondents have sought time for filing reply, it is made clear that the interim order passed in this petition is not going to affect the Appellate Authority in passing any order. A copy of this order be sent to the Appellate Authority. Adjourned to 25.9.2019. Reply on behalf of the respondents be filed meanwhile. The Appellate Authority is directed to consider the appeals in accordance with law without being influenced with the pendency of this writ petition and interim order passed by this Court.”
3. As per the aforesaid order, this Tribunal has been
directed to consider the present appeal in accordance with
law without being influenced with the pendency of the writ
petition and interim order passed by the Hon’ble High
Court.
4. Heard on the main appeal.
5. The present appeal has been preferred by the
appellant Housing Development Finance Corporation
3 Appeal No.366 of 2019
Limited being aggrieved with the impugned order dated
07.02.2019 passed by the learned Haryana Real Estate
Regulatory Authority, Gurugram. The main grievance of the
appellant is that the learned Authority has ordered to refund
the amount to be paid to the complainants i.e. respondents
no.1 to 3/allottees.
6. This fact is not disputed that the respondents
no.1 to 3/allottees have availed the loan facility from the
appellant-Corporation and the parties have entered into a
tripartite agreement dated 21.11.2013. Thus, as the
appellant-Corporation has granted the loan facility to the
respondents no.1 to 3/allottees, so naturally the appellant-
Corporation will have the first right over the amount to be
refunded by the respondent no.4 to the respondents no.1 to
3/allottees.
7. Learned counsel for the respondents no.1 to 3
has very clearly conceded that he has no objection if the
impugned order is modified to this extent that out of the
amount to be refunded, first the claim of the appellant-
Corporation may be satisfied and the remaining amount
may be disbursed to the respondents no.1 to 3/allottees.
8. So, the impugned order dated 07.02.2019 is
hereby modified that out of the amount to be refunded by
the respondent no.4 to the respondents no.1 to 3/allottees,
4 Appeal No.366 of 2019
firstly the claim of the appellant-Corporation shall be
satisfied as per the tripartite agreement dated 21.11.2013
and the loan documents and the remaining amount shall be
disbursed to the respondents no.1 to 3/allottees in
accordance with law. With this modification/observation,
the appeal stands disposed of.
9. File be consigned to records.
Justice Darshan Singh (Retd.)
Chairman, Haryana Real Estate Appellate Tribunal, Chandigarh 28.01.2020
