Post covers RERA Case After Delivery of Possession wherein complainant alleges builder has done acts in violation of Section 14. Also case pending before High Court Chandigarh.
The case was dismissed since the complainant failed to led evidence that showed deficiencies on part of builder. The complaint was filed before the regulatory authority by the complainant but the allegations that he made had no substance and evidence regarding the construction and all the things. Thus the authority dismissed the case.
Also Read- Complaint GC No. 1399/2019 – RERA Punjab
CASE TITLE: KARANPREET SINGH CASE
FACTS OF THE CASE
The present complaint has been filed by the Karanpreet Singh Sandhu. He booked a flat in the respondent’s housing scheme. The allotment letter was issued on 09.03.2019 and the possession was offered on 03.05.2019 and he took the possession on 09.05.2019. the complainant filed a complaint alleging that the conditions that were mentioned in the agreement were not being followed like the club house was not of the said size, three storey building was of only two storeys before b block, green belt was encroached by the construction site etc., Based on these complaints he sought the relief. The complainant filed a complaint demanding that the respondent had violated sec. 14 of RERA and the interim order should be passed to stop the illegal construction. The court granted the order and appointed a local commissioner for the same. The respondent filed a counter complaint in the higher authority.
Also Read- Delay in Possession Complaint to Rera Punjab
ARGUMENTS ADVANCED
COMPLIANANT’S ARGUMENTS
The counsel for the complainant reiterated the same allegation made in the complaint in the court before the authority. He also agreed that after the interim order the respondent has not done any illegal construction. He made the vague argument that the respondent should stick to the original plan of the layout of the housing scheme. He also told that he apprehended that the respondent would do the illegal construction. He futher sought that the respondent should carry out maintenance charges without asking for the maintenance charges while the project is incomplete.
Also Read- Legal Notice Before Rera Case for Any Deficiency
RESPONDENT’S ARGUMENTS
The counsel from the respondent’s side argued that the respondent has not made anything illegal. The revised plan of the layout was submitted to the authority and the approval for it is pending before the Punjab and Haryana High Court. He also further averred that the complainant has filed another complaint by this father which is also pending in the Punjab and Haryana high court and many other complaints to cause mental harassment to the respondent. He also clarified the doubt on the place of the club house. he also further argued that the complainat has not mentioned these deficeinecy while taking the possession of the house and the possession was given before the agreed date.
Also Read- Consumer Case After taking Possession
FINDINGS OF THE COURT
The court held that they were no evidence presented by the complainant for the shortcomings. The complainant had already taken the possession so they need to pay the maintenance charges for the water, electricity etc supply u/s 19 of the RERA Act. Further the interim order was issued by the court and the matter is till pending in the Punjab and Haryana high court.
CONCLUSION
The court disposed the case on the basis that there was no sufficient evidence on the side of the complainants. The complaint is dismissed but the restrain order is still in order till the competent authority passes further order.
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