Last Updated on December 7, 2019 by Legalseva.net
This is shocking but true! The Haryana Real Estate Regulatory Authority (RERA) Gurugram & Panchkula does not have the jurisdiction to decide complaints of refund or interest as per the latest judgment of Haryana Real Estate Appellate Tribunal situated at Chandigarh Sector 17.
The order of Haryana Appellate Real Estate Regulatory Authority at Chandigarh is out. You can read the detailed order here.
Also Read- CAN RERA AUTHORITY DECIDE REFUND IN PUNJAB AND HARYANA?
Once again the Appellate RERA Authority of Haryana has held after the decision of RERA Punjab Appellate Tribunal on the same subject whether the RERA Authority can grant relief of refund to allottees or not? Now, it has held that RERA Authority Gurugram and Panchkula lacks jurisdiction in entertaining the complaint of Refund of amount i.e. if allottee wishes to withdraw and want his investment back then only Adjudicating Officer (AO) can entertain the complaint.
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The order has come in the case namely Sameer Mahawar vs MG Housing Pvt Ltd and 18 other appeals decided in a common order by J Darshan Singh (retd), J Inderjeet Mehta (J) & J Anil Kumar Gupta (T) on 02.05.2019.
Coming straight to the relevant part of the order:
1) That violations and causes of actions arising out of the same bundle of facts/rights giving rise to the multiple reliefs shall be placed before one and the same forum for adjudication in order to avoid the conflicting findings.
2) The complaints for the grant of relief of compensation can only be adjudicated by the adjudicating officer as per the provisions of section 71 of the Act and rule 29 of the rules.
Also Read- HOW TO GET COMPENSATION FROM ADJUDICATING OFFICER
3) Similarly, if compensation is provided as a part of the multiple reliefs along with refund/return of investment with interest flowing from the same violation/violations and causes of action, the complaints have to be placed before the adjudicating officer exercising the powers under Sections 31, 71(1) read with rule 29 of the Rules as only the adjudicating officer is competent to deal with the relief of compensation.
Further court held, RERA Authority had no jurisdiction to adjudicate upon the issue regarding refund. Thus all 19 appeals stand allowed accordingly. So, the impugned orders passed in all the appeals are hereby set-aside.
Also Read- LEGAL NOTICE BEFORE RERA CASE FOR ANY DEFICIENCY
The complaints filed by the appellants/allottees stand transferred to the adjudicating officer of the respective authorities for adjudication in accordance with law. The adjudicating officer will allow the appellant/allottee to amend their complaint in order to bring it in the parameter of Form ‘CAO’ as provided in rule 29 of the rules.
This order of ours will not apply to the orders directions and decisions, which has already attained finality.
So for now both RERA authorities Gurugram and Panchkula can’t decide present complaints and Gurugram won’t be able to function at all as there is no adjudicating officer (AO) at present.
Also Read- REFUND AND COMPENSATION UNDER RERA PANCHKULA AND PUNJAB
For RERA Panchkula, even the AO also can’t decide the complaints as he has already expressed his opinion as a member of the Authority reads the last part of the order. So now the entire Authority has become functus officio i.e. without Member.
The Appellate Authority has further sent the orders now to Ld. Principal Secretary to Govt. Of Haryana, Town & Country Planning Department of Haryana to take immediate necessary steps for the appointment of adequate number of Adjudicating officers in accordance with law.
So now once again, the future of so many homebuyers hangs in lurch.
The only recourse left with hon’ble RERA Authority is now before the Punjab and Haryana High Court in Second Appeal as the RERA Act , 2016 provides.
Also Read- PROCEDURE STEPS OF COMPLAINT IN RERA PANCHKULA AUTHORITY
Following questions comes to my mind when I think about filing complaint before Haryana RERA Panchkula or Gurugram Authority?
1 What happens to present complaints?
They stand transferred to new appointed Adjudicating Officer. The Gurugram Authority doesn’t have it and Panchkula Authority as already exhausted him as a member of bench.
2 What about previous/past decided complaints?
To all those where it has attained finality means complied with , the judgment is of no relevance as clearly stated. Where order is not complied, the only legal recourse left is to file Appeal before Haryana RERA Appellate Authority at Chandigarh. Without filing it, you can’t take the benefit of this judgment.
Also Read- RERA PUNJAB APPELLATE TRIBUNAL SETTLES CONTROVERSY
Remember, appeal has to be filed within 60 days or be ready to file condonation of delay application along with your appeal. You have to justify the delay before taking strength of this ruling.
3 What about new complaints in Haryana RERA Authority?
Just wait and watch. If they prefer Appeal before High Court Chandigarh and stay is obtained, the things will remain same as previously was done, or else file it before newly Appointed AO whenever he is appointed.
Also Read- HARYANA RERA APPELLATE TRIBUNAL FOR PANCHKULA & GURUGRAM AUTHORITY
If no AO is appointed, then possibly wait for some time or if you wish to file the complaint to stop the clock running against you of interest on delay payments, holding charges if possession is delivered, or penalties of whatever it may be, then you can file the complaint online taking assistance of the best/top/expert RERA Lawyers Panchkula Gurugram of Haryana RERA Authority who can safeguard your position in the wake of storm created by the judgment of Haryana RERA Appellate Authority.
Rest for more info on the subject, feel free to call 99888-17966. This post is written by Advocate Satish Mishra practicing in the Haryana RERA Tribunal, Haryana RERA Appellate Tribunal, Punjab RERA Tribunal & Punjab Appellate RERA Tribunal situated at Panchkula, Chandigarh & Mohali.
Also Read- REFUND REFUSED BY HARYANA RERA
For more updates on latest of Haryana RERA and Punjab RERA judgments and orders, stay tuned to LegalSeva.
