By Staff Reporter
The Fact:
The promoter addressed a demand notice to the appellant informing him that the promoter has received a part occupation certificate from the competent authority on 01.07.2020 with respect to the said frat. By the same notice, the promoter further called upon the appellant to make payment of the balance amount of Rs.70,81,420l- within 15 days from the receipt of the said notice so as to enable the promoter to hand over the possession of the said frat. By an e-mail dated 06.07.2020, the appellant replied to the said demand notice mentioning therein that the worker,s welfare cess (for short “wwc’) charges as sought to be recovered by the promoter vide the said demand notice is not part of the agreement for sare, and as such the same should not be charged. The appellant further pointed out that there is a delay in handing over the possession of the said flat, therefore in accordance with the clause 7.2 of the agreement for sale, the appellant is entitled to interest on the amount paid by him as part consideration, which has not been reflected or set off against the amount payabre by the appeilant under the said demand notice.
The Judgement:
“We note that the Authority, after hearing both the parties extensively, failed to adjudicate upon the dispute before it and directed the parties to conciliation. The Authority disposed of the complaint without final determination on the rights of the parties and without deciding on the reliefs sought by the appellant in the complaint, thereby defeating the very purpose of adjudication process as contemplated under the RERA Act, 2016. It is pertinent to note that the appellant had already conveyed to the Authority its aversion to participate in conciliation proceedings by withdrawing from the conciliation proceedings. In this background, we are of the view that the parties cannot be compelled to settle their differences through conciliation”