Proviso with Section 18(1) of the RERA Act, 2016 deals with only one circumstance if the allottee does not intend to withdraw from the project, then obviously an allottee is entitled to get delayed interest only but there is no bar to claim other reliefs provided in the Act to protect the rights of the allottees – Shri Devendra Kumar Vs. Apna Ghar Buildwell Pvt. Ltd. (Now known as Trehan Apna Ghar Pvt. Ltd.) – Rajasthan REAT

From a bare reading of Section 18(1) of the Real Estate (Regulation and Development) Act, 2016, it is It is evident that proviso of Section 18(1) of the Act provided for only delayed interest, if the allottee does not intend to withdraw from the project, but provision is not independent in the nature and must be looked into not only with the text of main Section 18, but also in the light of scheme of the Act, to gather very intention of the legislature as per “theory of Harmonious Construction”, as per law of the interpretation.

Proviso with Section 18(1) of the RERA Act, 2016 deals with only one circumstance if the allottee does not intend to withdraw from the project, then obviously an allottee is entitled to get delayed interest only but there is no bar to claim other reliefs provided in the Act to protect the rights of the allottees – Shri Devendra Kumar Vs. Apna Ghar Buildwell Pvt. Ltd. (Now known as Trehan Apna Ghar Pvt. Ltd.) – Rajasthan REAT Read Post »