Haryana REAT Dismisses TDI Infrastructure's Application For Condonation Of 193-Day Delay In Filing Appeal

The Haryana Real Estate Appellate Tribunal (Tribunal) comprising of bench of Justice Rajan Gupta (Chairman) and Shri Rakesh Manocha (Technical Member) has dismissed the TDI Infrastructure application for condonation of a 193-day delay in filing the appeal before the Tribunal. Tribunal observed that the reasons provided by the builder for the delay in filing the appeal were unconvincing and speculative. It noted that the builder being a well-resourced real estate company should have acted promptly if it intended to file an appeal. As per Section 44(2) of The Real Estate (Regulation and Development) Act, 2016, the builder was required to file the appeal within 60 days from the date of receiving a copy of the order. Background Facts The complainant (Respondent) purchased a plot in the builder's (Appellant) project named TDI City, located in Sonepat through a transfer from the original allottee in 2009. The basic sale consideration for the plot was Rs. 38,53,000 against which the complainant paid Rs. 48,34,970 to the builder. Due to a delay in possession the complainant approached the Panchkula Bench of the Haryana RERA (Authority) seeking relief. Through its order dated 29.07.2022, the authority directed builder to deliver possession and pay delayed possession charges to complainant. Aggrieved by the order, the builder filed an appeal before the Tribunal, accompanied by an application seeking condonation of a 193-day delay in filing the appeal. Contentions of Builder The builder contended that they became aware of the judgment only in April 2022, although it had been uploaded earlier. The filing was further delayed because of the holiday period in June 2022 and the court vacation in December. Builder also contended that they faced financial difficulties arranging the required pre-deposit amount. Additionally, the non-availability of an advocate contributed to the delay in filing the appeal. Observation and Direction by Tribunal The Tribunal referred to the judgment passed by the Hon'ble Supreme Court in the case of Pathapati Subba Reddy (Died) by L.R.s & Ors. v. The Special Deputy Collector (LA), where the principles governing condonation of delay were discussed in paragraph 26. Supreme Court observed that the law of limitation is based on public policy which aims to conclude litigation within a fixed time. It further emphasized that delay cannot be condoned without sufficient cause and the discretion to condone delay is not absolute particularly in cases of inordinate delay or negligence. Therefore, Tribunal held that grounds cited by builder are not convincing enough to condone delay in filing the appeal. As a result, Tribunal dismissed the application to condone 193 day delay in filing appeal. Additionally, Tribunal dismissed the appeal and directed builder to disburse pre-deposit amount submitted to Authority to Complainant along with any accrued interest. Case Title - TDI Infrastructure Pvt. Ltd V. Anita Goel Case Number - CM No- 1570 of 2023 in Appeal No. 273 of 2023 Counsel for Appellant-Builder - Advocate Shubhit Hans Counsel for Respondent-Complainant - Advocate Harshit Goyal Date of Order - 15-01-2025 Click Here To Read/Download The Order

Haryana REAT Dismisses TDI Infrastructure's Application For Condonation Of 193-Day Delay In Filing Appeal

Aryan Raj

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