Last Updated on June 10, 2024 by Satish Mishra
This question was answered recently in the case of Bikramjit Singh & ors. Vs. M/s HP Singh & ors, where Punjab RERA authorities rejected the complaint only on the ground of maintainability since the project was not registered with the authorities.
P-RERA in short for Punjab RERA also underlined three conditions for bringing complaint before them where violations continue before coming of RERA :
1 The alleged violation should have continued till date apart from project being registered with authority in first place.
2 No pending complaints regarding the same before any forum or court.
3 The violations alleged should be one prescribed by RERA rules and regulations.
So, in nutshell, no complaints can be made before authorities if the project is not registered as simple as that can be.
The above mentioned case was first filed before Punjab and Haryana High Court at Chandigarh under Punjab Apartment & Property Regulation Act, 1996 (PAPRA) where the court recused from hearing the matter since P-RERA already exists. Hence the present case was put before Punjab RERA authorities.
Glad, unlike their counterpart Haryana, Punjab has a functional RERA website where details regarding projects, agents, status can be accessed.
Access the website here: rera.punjab.gov.in
Complaints can be put forth before Punjab RERA as well as adjudicating officers.
CATCH? The onus still lies on the complainant to prove the alleged violation before coming of RERA act in Punjab.
The court while rejecting the complaint also iterated thar further the mechanism of RERA should be strengthened for future in deciding fate of such cases on account of maintainability.
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The article first appeared in HT.
