Last Updated on March 23, 2019 by Legalseva.net
Yes, the decision came in the case of Sandeep Mann versus RERA Punjab & Anr, Appeal no. 53 of 2018 along with 14 other appeals clubbed together as the issue was common in all.
The decision came from Real Estate Appellate Tribunal Punjab on 27.2.2018 by Justice Rajive Bhalla (Retd) as Chairman and SK Sharma IPS (Retd) as Member.
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Lets take you to the findings straightaway summed at the last page of judgment:
1 All violations and causes of action that gives rise to multiple reliefs shall be placed before one forum for adjudication.
2 Where the Act and or the Rules identify a particular forum as empowered to adjudicate a particular violation or a cause of action, the forum so named shall alone be empowered to decide the matter.
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3 A violation claiming relief of compensation can only be adjudicated by the Adjudicating Officer exercising power under Section 71 of the Act and Rule 37 of the Rules.
4 Where the violation alleged leads to a relief of compensation or if compensation is a part of multiple reliefs like return of investment with interest and compensation or refund with interest including compensation, the complaint shall be placed before the Adjudicating Officer exercising power under Section 31 and 71(1) of the Act read with Rule 37 in form N.
5 All other matters whatever be the nature of the voilation/cause of action and the reliefs flowing therefrom shall be placed before the Authority, like interest under the proviso to Section 18 and 19(7) of the Act.
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6 All pending complaints/applications shall be forwarded by the Authority or the Adjudicating Officer to the appropriate forum as indicated above.
7 The parties shall be at liberty to amend their applications/complaints if the need so arises.
8 This order shall not apply to any matter that has attained finality.
So now everything goes to the Adjudicating officer in RERA Punjab and RERA Authority can deal in matters of all other violations/ contraventions except the ones listed above for AO which is provision to Section 18 and Section 19(7) of the Act.
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Let us read both the sections below now:
Section 18 proviso
“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.”
Section 19 (7)
(7) The allottee shall be liable to pay interest, at such rate as may be prescribed, for any delay in payment towards any amount or charges to be paid under sub-section (6).
Lets have sub-section (6)-
(6) Every allottee, who has entered into an agreement for sale to take an apartment, plot or building as the case may be, under section 13, shall be responsible to make necessary payments in the manner and within the time as specified in the said agreement for sale and shall pay at the proper time and place, the share of the registration charges, municipal taxes, water and electricity charges, maintenance charges, ground rent, and other charges, if any.
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With this order of RERA Punjab Appellate Tribunal at Forest Complex, Mohali, the controversy between Form M (RERA Authority) and Form N (Adjudicating Officer ) seems to come to an end.
So far the RERA Punjab Authority at Chandigarh has not preferred any appeal against this order in Punjab and Haryana High Court (till the writing of this post).
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Now it is important for homebuyers/allottees to consult and seek free legal advice from best/top/expert RERA Punjab and Haryana RERA Panchkula Authority lawyers and advocates regarding delay in possession, compensation, non fulfilment of promises regarding basic civic amenities, high maintenance charges of society, expensive club charges, levy of any tax GST/VAT/ EDC/ EEDC , settling accounts , charging excess amount in case of payment defaults or any other grievance covered under builder buyer agreement.
For more info on subject, dial 99888-17966. This post is written by Satish Mishra who is practising in RERA Punjab and Haryana RERA Panchkula Authority.
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