Updates on Real Estate (Regulations & Development) Act, 2016
Ashwin Shah
Land Mark Judgement on Joint Liability of Promoters
Joint Venture / Joint Development of Real Estate Project - Joint liability of Promoters towards Allottees
Recently Hon’ble High Court, Mumbai in its judgement pronounced on 26th February 2024 in the matter of Wadhwa Group Housing Pvt Ltd Mr. Vijay Choksi & SSS Escatics Pvt Ltd (SSS) laid down important principle about joint liability of promoter irrespective of facts whether there was privity of contract or not.
Mr. Vijay Choksi was allottee of quota of apartment belonging to SSS Escatics Pvt Ltd who had joint venture arrangement with Wadhwa (Wadhwa) Group Housing Pvt Ltd.
At Maharera, Wadhwa argued that they do not have any privity of contract with the allottee. Allotment letter was issued by SSS and all the monies were collected by SSS and hence there is no obligation of Wadhwa towards allotte.......