Last Updated on December 7, 2019 by Legalseva.net
We all know, especially Haryana RERA Panchkula & Gurugram lawyers/advocates in Chandigarh, Panchkula, Mohali that the decision of Haryana Real Estate Appellate Authority (HREAT) at Chandigarh can be challenged before Punjab and Haryana High Court within 60 days of order as per section 58 of the RERA Act, 2016.
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The Sameer Mahawar judgment decided on 02.05,2019 by HREAT, Chandigarh settles the law i.e. Haryana RERA Authority can’t hear the complaints of refund and it is only the AO (Adjudicating Officer) who will hear refund and compensation interest claims. Read order here.
Also Read- APPEAL TO HARYANA REAL ESTATE APPELLATE TRIBUNAL AT CHANDIGARH
Now the judgment has been challenged before the High Court in Chandigarh for the States of Punjab and Haryana in RERA Appeal no. 4 of 2019 (O&M) fixed for 24.10.2019. Only notices have been issued in this case so far. Kindly have the orders here.
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All the similar RERA Appeal matters are pending in High Court for 24.10.2019 in the court of hon’ble Justice Dr Ravi Ranjan. A much detailed order has come in RERA APPL-13-2016 (O&M) of Ansal Housing Ltd vs. Navneet and Anr listed for 24.10.2019. Read the order here.
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Further regarding the pre-deposit or amount before preferring an appeal judgment is also out and builder has to deposit 100% of the amount before authority/high court before filing the appeal. Here is the judgment. M/s Ansal Housing Ltd vs. Sushil Kumar Batra in Appeal no. 60/2019 decided on 03.05.2019. One can read the entire judgment here.
Also Read- APPEAL TO HARYANA REAL ESTATE APPELLATE TRIBUNAL AT CHANDIGARH
Another judgment of RERA Appellate Authority, Haryana is wherein, it has been settled that RERA Authority has powers to hear complaints where only prayer of interest is sought and no refund. In those cases authority is within jurisdiction to grant interest and hear cases. Here is the judgment tiled as Ramprastha Promoters & Developers Pvt Ltd vs. Ishwar Chand Garg in Appeal no. 74 of 2018 decided on 29.07.2019. One can read the judgment here.
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I do understand here that the litigants/homebuyers are so stressed and nervous that they have to fight across all 3 levels of RERA:
- RERA Authority
- RERA Appellate Authority (first appeal)
- High Court, Chandigarh (second appeal)
Also Read- COMPENSATION BY HARYANA RERA PANCHKULA AUTHORITY?
But believe me, it is only for once. Once the law is settled then the builders have no escape. It is nothing but just a few loopholes of RERA which are now being plugged. So once the High Court round of RERA litigation gets over, there will be nothing left and all the cases will finally be settled on merits, leave aside the statutory act.
Also Read- HARYANA RERA AUTHORITY CANNOT DECIDE REFUND IN GURUGRAM AND PANCHKULA
A similar situation cropped up in RERA Punjab where the Appellate RERA Authority held the similar view i.e. RERA Authority can’t beat the complaints of refund and it is only the Adjudicating Officer (AO) whereas in cases where only interest is sought, then authority is well within the jurisdiction to hear the complaints. So far the same judgment holds good even today and there is no appeal preferred against this. You can read the Judgment of Sandeep Mann vs RERA Punjab & Anr. in Appeal no. 53 of 2018 decided on 27.02.2019 here.
Also Read- ROLE OF ADJUDICATING OFFICER IN RERA
Form ‘M’ RERA Authority and ‘N’ Adjudicating Officer created a lot of confusion in both RERA Punjab and RERA Panchkula & Gurugram than providing enumerated reliefs in the RERA Act, 2016. But now there is a dead end to the confusion as High Court Punjab & Haryana will settle the law on the subject.
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Now that Haryana RERA Authority has amended the RERA Rules, 2017 enabling the authority to hear refund matters. Once again this is subject to the legal scrutiny whether it is legally sound and enforceable as per central RERA Act, 2016.
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The amendments are as follow:
1 Rule 28 read with sub-rule 2(k) gives powers to Authority to conduct inquiry for any violation of the act, rules, regulations and if defect is made out, then refund along with interest can be given. Earlier Rule 28 fosters the implementation of Section 31.
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2 Rule 28 read with sub-rule 2(m) further lay down that it is only after the authority holds the violation by promoters/builder, that the compensation will be awarded by the Adjudicating Officer (AO) which means like in the beginning, first complaint is to be filed before the authority and then before AO. Again two complaints, in my view, this is going to be questionable.
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3 Rest, the complaints of compensation are to be forwarded to AO only .
4 Rule 28 sub-rule 2(i) gives suo-moto powers to authority to commence penal proceedings if mass violation is being detected.
Also Read- LEGAL NOTICE BEFORE RERA CASE FOR ANY DEFICIENCY
So far, I am also not able to lay down my hands on the amended notification by Haryana Real Estate Regulatory Authority by which they have amended the RERA Rules, 2017. Otherwise, I could have shared it here. Relying on the very popular RERA website Centrik and their recent post, I am able to compose and share these amendments but let us wait for the notification first as they are not even updated on the Haryana RERA website also.
Also Read- RERA PUNJAB FORM M AND N FINALLY SETTLED
Rest, you can always consult top/expert/best RERA lawyers/advocates of Chandigarh Panchkula Mohali in RERA Punjab & Panchkula.
For now let us wait for 24.10.2019 when the matters will be heard finally.
Also Read- PROCEDURE STEPS OF COMPLAINT IN RERA PANCHKULA AUTHORITY
Till then stay tuned to LegalSeva. I will also be there, Advocate Satish Mishra.
For more information, please call 99888177966.
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