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Complaints Maintainable in RERA Punjab for Unregistered Projects

Yes, you heard it right. Unregistered projects are very well covered in RERA Punjab as well apart from Haryana RERA Panchkula Authority. In appeal no. 49 of 2018 titled as M/S Silver City Construction Ltd. vs. State of Punjab & Ors., 

RERA Appellate Tribunal has held Bikramjit Singh & Ors. vs. State of Punjab & Ors. (Complaint no. 3 of 2017) decided on 13.12.2017 treated as bad in the eyes of law. Thus, it is now no longer applicable.

Also Read- DELAY IN POSSESSION COMPLAINT TO RERA PUNJAB

 

Unregistered Projects Covered in RERA Punjab

Now everyone, whether project registered on RERA Punjab website or not, can file their complaints with RERA Punjab Authority.

The order came on 24 July, 2019 with RERA Punjab Appellate Authority at Forest Complex Mohali comprising of Justice Arun Chaudhari (Retd.) Chairman & S.K Sharma, IPS (Retd.).

Also Read- FILE YOUR COMPLAINT ONLINE WITH RERA PUNJAB

 

The order has cleared the controversy regarding maintainability of complaint and jurisdiction of RERA Punjab Authority for times to come. A good call for homebuyers how to file a complaint online with Punjab RERA Authority at Chandigarh.

You can also read the entire judgment here.

Also Read- CAN RERA AUTHORITY DECIDE REFUND IN PUNJAB AND HARYANA?

 

Thus now RERA Punjab will hear matters complaints of builders not registered with Authority under Section 3 of the RERA Act, 2016.

The Appellate Court held it is equally important for unregistered builders and to get compliance of Section 17 and 18 RERA Act. Keeping registered projects out of the ambit of RERA seems a little absurd and frustrating held Appellate Court.

Also Read- RERA PUNJAB FORM M AND N FINALLY SETTLED

 

Section 11(4) further makes no distinction in regards to the obligations cast upon by RERA on registered projects.Court held RERA is a welfare legislation and we must put purposive construction to the statute so that scope and objective of the act can be advanced.

Further not a single provision in the Central Act 2016, makes classification/ distinction between the homebuyers of the registered and unregistered projects. Even the interpretation of the statute in this manner would be violative of Article 14 of the Constitution of India.

Also Read- CARPET AREA BUILT UP AREA AND SUPER AREA AS PER RERA

 

Moreover, Rule 36 and 37 of RERA Punjab entitles anyone to approach the authority irrespective of whether project is registered or not thereby giving fine interpretation to the intent of the RERA Act.

State of Punjab made Punjab State Real Estate ( Regulation and Development) Rues 2017 which came into effect from 08 June, 2017 framed in exercise of the powers conferred by Section 84 of the Act of 2016.

Also Read- LEGAL NOTICE BEFORE RERA CASE FOR ANY DEFICIENCY

 

Clause 34(a) shows that there is an obligation on the part of RERA Authority to ensure compliance of the obligations cast upon the promoters of the Act, Rules and Regulations.

Builders can no longer take this plea that their project is not registered and hence the complaint is not maintainable.This judgment has overturned the judgment of Bikramjit Singh and Others that earlier settled the jurisdiction of RERA Punjab. Now any incomplete, ongoing project can be brought to RERA Punjab Authority at Chandigarh.

Also Read- REFUND, INTEREST & COMPENSATION IN RERA

For free legal advice related to RERA Punjab matters in Chandigarh, Panchkula, Mohali one may contact expert/ top/best RERA Lawyer.

This post is written by Advocate Satish Mishra. For more information, please dial 99888-17966.  

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