Last Updated on March 22, 2020 by Legalseva.net

The appeal against the RERA Punjab Authority lies before the RERA Appellate Tribunal Punjab situated inside Forest Complex, Mohali. Whether or not appeal will be allowed and RERA Authority’s order will be upheld or set aside is question of law & facts which only RERA Punjab Appellate Tribunal Authority Lawyers Advocates can only predict but no one can guarantee.

So here is this appeal preferred by Estate Officer, Punjab Urban Planning and Development Authority (PUDA) Against the Complainant (Tarun Arora) in Appeal no. 95 of 2019.

Also Read- Rera Punjab Haryana Appeals at High Court Chandigarh

Let’s have the Order of the court:-

The Real Estate Appellate Tribunal, Punjab while hearing an appeal by PUDA against the order dated 22.07.2019 of adjudicating officer of RERA, Punjab, finds that possession was not valid because allottee not obtained the completion certificate and unauthorized jhuggies were situated adjacent to the project in question and even nowhere it is shown that respondent were aware about that adjacent jhuggies. Hence appeal is dismissed by the Authority.

Also Read- Complaints Maintainable in Rera Punjab for Unregistered Projects

Facts of the case.

That a complaint was filed by Tarun Arora U/S 18 of RERA Act 2016, seeking refund of the amount deposited by him along with interest and compensation on account of delay in handing over physical possession of plot no. 113, of the project namely PUDA Enclave-2, Rajpura Colony, Patiala.
It was alleged by the respondent that he had paid Rs-55, 78,560 and an allotment letter was issued to him on 06.12.2016 with a condition that physical possession would be given within 18 months.
That appellant fails to give possession as a result respondent file application for withdrawal from project.
That then appellate took plea that they had requested to respondent to take possession of the plot, which he failed to do so on the ground that the site was occupied by squatters and jhuggies and also says that jhuggies were far away and not connected with the plot.
That Adjudicating officer of RERA pass order in favour of the respondent and appellant was ordered to refund the amount along with interest and compensation to cover his legal expenses.
That aggrieved of the order the appellant file appeal before the Real Estate appellate Authority, Punjab.

Also Read- Faqs Rera Punjab Haryana Panchkula

Issue wise findings:

That is the respondent himself failed to take possession?

No, because possession offered by PUDA was not valid because allottee not obtained the completion certificate as per the provisions of sec 11(4) (b) completion certificate is must be obtained.

That is there is fault on the side of allottee to desire encumbrance free and unauthorized structures free project in which he/she is investing?

No, there is no fault with allottee desire to disassociate himself from any such project and seek withdrawal from such project and seek withdrawal of his amount because it’s right of the allottee to expect the project free from encumbrance and unauthorized structures.

Also Read-Rera Punjab Form M and N Finally Settled

Conclusion:-

So, its duty of the promoter of a project to fulfill all the promises which were given to the allottee on time of the agreement and also to provide competition certificate as it is his legal duty under RERA rules.

Also Read- Delay in Possession Complaint to Rera Punjab

For RERA Punjab Appellate Authority Judgements, One can click here. The above order can also be viewed from here.

For case specific advice related to Appeal in Appellate Authority Punjab, Contact Best Top RERA Lawyers Advocates of Chandigarh Panchkula Mohali.