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6. MANU/MH/1177/2024
Bombay High Court
Wadhwa Group Housing Private Ltd. v. Vijay Choksi and Ors.
Date of Order: 26.2.2024
In a real estate project having more than one promoter, every promoter is liable to refund the amount u/s 18 along with interest. A promoter cannot escape the statutory liability on the ground that the consideration was received exclusively by the co-promoter or that there was no direct privity of contract with the allottee.
FACTS
Wadhwa Group Housing Pvt. Ltd. (“the Appellant”) preferred an appeal against the order dated 18th October, 2022 passed by Maharashtra Real Estate Appellate Tribunal, Mumbai (AT) directing both the Appellant herein and SSS Escatics Pvt. Ltd. (Respondent No. 2 herein) to refund of entire amount paid by Vijay Choksi (Respondent No. 1) with interest.
Briefly stated, in respect of a project known as The Nest at Mumbai, the Appellant and Respondent No. 2, entered into a Joint Development Agreement (JDA) agreeing to share the constructed areas between them for being sold to customers. Since the project was incomplete on the date of coming into fo
