Ar Landcraft LLP

The Tribunal granted an adjournment requested by the appellant but imposed a cost of Rs. 25,000 to be paid to the respondent, noting previous penalties and allegations of harassment by the promoter.

The Tribunal observed prima facie manipulation of interest accounts by the appellant and directed the summoning of the appellant's Accounts Officer to explain inflated demands, while also ordering the production of documents regarding the actual area of the unit to address allegations of a 600 sq. ft. shortfall.

The Tribunal dismissed the developer's appeal and ruled that the promoter must pay delay interest to allottees, execute supplementary deeds to correct omitted plot/exclusive areas, refund mandatory club fees, and face investigation for fraudulent practices and statutory violations.

The Tribunal accepted an undertaking from the appellant to hand over letters of offer of possession and demand drafts for costs, with a commitment to provide physical possession of the units to allottees on or before 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, and directed that possession of the unit be handed over free from all encumbrances, subject to the outcome of the appeal.

The Tribunal admitted the appeal and accepted the appellant's undertaking to reverse Advance Payment Rebate (APR) errors and execute a correction deed for the sub-lease to include the exclusive area. The Deputy Director of the Project is required to submit an affidavit confirming compliance with these undertakings.

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

The Tribunal noted the appellant's deposit of Rs. 1,56,87,163/- 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.