Yogendra Kumar Srivastava ORDER
1. Heard learned counsel for the petitioner, learned standing counsel for the State-respondents and Sri Wasim Masood, learned counsel for the respondent No. 2.
2. The petitioner is a promoter. The respondent Nos. 3 to 119 are allottees. The petitioner could not deliver possession of the flats to the allottees in time and there occurred delay. The allottees filed separate complaints before the Uttar Pradesh Real Estate Regulatory Authority, Gautam Buddh Nagar (hereinafter referred to as 'the Authority'), who passed the impugned orders awarding interest.
3. Learned counsel for the petitioner submits that the impugned orders are without jurisdiction inasmuch as the power to grant interest, does not vest with the authority.
4. Learned counsel appearing for the respondent No. 2 has controverted the aforesaid contention by submitting that the authority is vested with the power to grant interest and the orders impugned, do not suffer from any error of jurisdiction on this count.
5. We have carefully considered the submissions of learned counsel for the parties.
6. Section 18 and Section 38 of the Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as 'the Act 2016') are relevant for the purposes of deciding the controversy involved in the present writ petition, which are reproduced below:
"Section 18. Return of amount and compensation.-(1) If the promoter fails to complete or is unable to give possession of an apartment, plot or building,--
(a) in accordance with the terms of the agreement for sale or, as the case may be, duly completed by the date specified therein; or
(b) due to discontinuance of his business as a developer on account of suspension or revocation of the registration under this Act or for any other reason,
he shall be liable on demand to the allottees, in case the allottee wishes to withdraw from the project, without prejudice to any other remedy available, to return the amount received by him in respect of that apartment, plot, building, as the case may be, with interest at such rate as may be prescribed in this behalf including compensation in the manner as provided under this Act:
Provided that where an allottee does not intend to withdraw from the project, he shall be paid, by the promoter, interest for every month of delay, till the handing over of the possession, at such rate as may be prescribed.
(2) The promoter shall compensate the allottees in case of any loss caused to him due to defective title of the land, on which the project is being developed or has been developed, in the manner as provided under this Act, and the claim for compensation under this subsection shall not be barred by limitation provided under any law for the time being in force.
(3) If the promoter fails to discharge any other obligations imposed on him under this Act or the rules or regulations made thereunder or in accordance with the terms and conditions of the agreement for sale, he shall be liable to pay s........