Whether a welfare/ No profit-No loss Organization would fall within definition ‘promoter’ under Section 2(zk) of Real Estate (Regulation & Development) Act, 2016? | Whether an association of persons, registered under the Societies Registration Act and claiming to be a No Profit-No Loss Organisation can bypass the mandate of Section 18 of RERA? – Central Government Employees Welfare Housing Organisation (CGEWHO) Vs. Rajender Mohan Saxena – Uttar Pradesh REAT
In this important judgment, the following questions were answered:
(i) Whether appellant organisation, being a welfare/‘No profit’ – ‘No loss’ organisation would fall within definition ‘promoter’ under Section 2(zk) of Real Estate (Regulation & Development) Act, 2016;
(ii) Whether proviso to Section 18 would apply to the appellant organisation i.e. payment of delay interest till handing over of possession of the unit being a welfare/‘No profit’ – ‘No loss’ Government organisation.
(iii) Whether the appellant organisation is entitled to 15 months’ zero period with effect from 25.03.2020 to 24.06.2021 as per Office Order dated 18.08.202, suffered due to Covid-19 pandemic.