C.A. No. 006756 / 2021
M/S GEOTECH PROMOTERS PVT. LTD. vs STATE OF U.P.
Status
DISPOSED
Judges
HON'BLE MR. JUSTICE AJAY RASTOGI and HON'BLE MR. JUSTICE ABHAY S. OKA
Order Date
11-11-2021
Filed On
13-04-2021 12:42 PM
AI Summary
Under the RERA 2016, the unqualified right of an allottee to seek refund with interest upon a promoter's failure to deliver possession is an absolute statutory right; the Authority and adjudicating officer exercise concurrent jurisdiction over refund and compensation claims, the Authority may delegate powers to a single member under Section 81, and the pre-deposit condition under the proviso to Section 43(5) for statutory appeal is constitutionally valid as a reasonable restriction.