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TMI Blog2025 (3) TMI 179X X X X Extracts X X X X X X X X Extracts X X X X ..... to Section 3 of RERA Act or to the second proviso to sub-Section 1 of Section 3 of RERA Act. The vesting of jurisdictional competence, in the RERA authority, is pinpointedly grooved upon the bestowment of a remedy to the aggrieved, thus through the statutory mandate enclosed in Section 31 of RERA Act, than upon, the necessity of compliances being made by the promoter, vis-a-vis the mandate which occurs in sub-Section 1 of the Section 3 of RERA Act. Moreover therebys wants if any of compliances rather even by the competent authority, vis-à-vis, the mandate enclosed in the second proviso to sub-Section 1 of Section 3 of RERA Act, thus is not the apposite statutory precursor rather for vesting the competent adjudicatory jurisdiction in the RERA Authorities. Since the gamut of the apposite jurisdictional provisions, relating to the conferment of competent adjudicatory jurisdiction, upon the RERA vis-a-vis the instant controversy, when but also naturally covers promoter(s), who irrefutably also is the present petitioner, as he has evidently in terms of the definition of 'promoter', offered through Annexure P-3 rather the subject project for sale to the prospective buyers. Resul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecomes extracted hereinafter:- 43. Establishment of Real Estate Appellate Tribunal. XX XXXXXXXXXXXXXXXXXXXXXXXX "(5) Any person aggrieved by any direction or decision or order made by the Authority or by an adjudicating officer under this Act may prefer an appeal before the Appellate Tribunal having jurisdiction over the matter: Provided that where a promoter files an appeal with the Appellate Tribunal, it shall not be entertained, without the promoter first having deposited with the Appellate Tribunal at least thirty per cent. of the penalty, or such higher percentage as may be determined by the Appellate Tribunal, or the total amount to be paid to the allottee including interest and compensation imposed on him, if any, or with both, as the case may be, before the said appeal is heard. 3. As such, the counsel for the respondents vigorously contends that therebys the instant writ petition is required to be declared as mis-constituted. Moreover, the counsel for the respondents also contends that therebys the instant challenge as becomes cast to Annexure P-1 but is required to be the rejected at the very threshold. 4. However, the learned counsel appearing for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rovided that projects that are ongoing on the date of commencement of this Act and for which the completion certificate has not been issued, the promoter shall make an application to the Authority for registration of the said project within a period of three months from the date of commencement of this Act: Provided further that if the Authority thinks necessary, in the interest of allottees, for projects which are developed beyond the planning area but with the requisite permission of the local authority, it may, by order, direct the promoter of such project to register with the Authority, and the provisions of this Act or the rules and regulations made thereunder, shall apply to such projects from that stage of registration. (2) Notwithstanding anything contained in sub-section (1), no registration of the real estate project shall be required- (a) where the area of land proposed to be developed does not exceed five hundred square meters or the number of apartments proposed to be developed does not exceed eight inclusive of all phases: Provided that, if the appropriate Government considers it necessary, it may, reduce the threshold below five hundred square meters or e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ite permission of the local authority, thus to make a direction upon the promoter of such a project, to register the same with the authority, where upons the provision of the said provision or the rules and regulations made there unders become further declared to apply to such projects from the date of registration. 11. Consequently, though in terms of the second proviso to sub-Section 1 of Section 3 of the RERA Act, thus irrespective of the promoter rather omitting to thus with the RERA Authorities, but cause the apposite registration. Yet, when a statutory obligation becomes encumbered upon the authority, to in the interest of allottees, thus in respect of the apposite project(s), to yet, make a direction upon the promoter to ensure the registration of the relevant project with the authority concerned. Moreover, with the provisions as embodied in Section 59(2) of the RERA Act, provisions become extracted hereinafter, making contemplations vis-a-vis the necessity of imposition of punishment upon the violator concerned, upon his/her making evident violations vis-à-vis the provisions embodied in sub-Section 1 of Section 3 of the RERA Act or upon his failing to comply with th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of Appellate Tribunal-(1) The appropriate Government shall provide the Appellate Tribunal with such officers and employees as it may deem fit. (2) The officers and employees of the Appellate Tribunal shall discharge their functions under the general superintendence of its Chairperson. (3) The salary and allowances payable, to and the other terms and conditions of service of, the officers and employees of the Appellate Tribunal shall be such as may be prescribed." 13. Consequently, though the learned counsel appearing for the petitioners, submits that when neither the provisions of sub-Section 1 of Section 3 of RERA Act supra, became complied with at the instance of the present petitioner(s) nor when in terms of the second proviso of sub-Section 1 of Section 3 of the RERA Act, the order ordained thereins became made by the competent authority, whereas, only therebys, thus the provisions of sub-Section 2 of Section 59 of RERA Act would become galvanized, which however for the apposite omissions rather cannot become galvanised. Resultantly, therebys though there is prima facie some substance in the arguments raised today before this Court, by the learned counsel for the peti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... earned counsel for the petitioner, become rendered infirm and as such deserve becoming rejected. The said provisions are the ones which occur in Section 31 of the RERA Act, provisions whereof become extracted hereinafter. "31. Filing of complaints with the Authority or the adjudicating officer:- (1) Any aggrieved person may file a complaint with the Authority or the adjudicating officer, as the case may be, for any violation or contravention of the provisions of this Act or the rules and regulations made thereunder, against any promoter, allottee or real estate agent, as the case may be." 18. A reading of the herein above extracted provisions, as carried in Section 31 of the RERA Act, reveal that, there is a bestowment of a statutory right in any aggrieved person to file a complaint with the authority or before the adjudicating officer, thus relating to any violations or contraventions qua any provisions of the Act or of the rules and regulations made thereunder, and, the said statutory endowment is stated therein to be ably raisable against any promoter, allottee or Real Estate Agent, as the case may be. Resultantly, therebys, the issue relating to the exercising of able ju ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his assignees. In sequel, therebys if the said plenitude of statutory meaning, thus becomes assigned to "promoter" besides, when the term Real Estate Project, has been defined to cover the development of a building or a building consisting of apartments, or converting an existing building or a part thereof into apartments, or the development of land into plots or apartments, as the case may be, for the purpose of selling all or some of the said apartments or plots or buildings, as the case may be. 22. Resultantly, therebys the present respondent, qua whom the present petitioner uncontrovertedly issued Annexure P-3, contents whereof becomes extracted hereinbove, but becomes an allottee, inasmuch as, his falling within the ambit of the supra statutory meaning, as has been assigned to the coinage 'allottee' supra, besides when he would naturally through Annexure P-3, thus subsequent thereto hence acquire the therebys promised to him, thus allotment by sale, transfer or otherwise. (zk) "promoter" means- (i) Forgathering the definition of promoter it is obviously relevant to allude to the statutory definitions has become imparted to promoter who in the supra extracted provisions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s is to be becomes rested on the provisions embodied in section specially when the said provisions then the provisions incorporated in sub-Section 1 of Section 3 of RERA Act. All the provisions incorporate in the second proviso Section 3 thus a linchpin or the nerve center for vestment of competent adjudicatory jurisdictional competence in the RERA authority. Wherebys, the subject complaints are declared to be competently instituted before the RERA Authority. (iv) an apex State level co-operative housing finance society and a primary co-operative housing society which constructs apartments or buildings for its Members or in respect of the allottees of such apartments or buildings; or (v) any other person who acts himself as a builder, coloniser, contractor, developer, estate developer or by any other name or claims to be acting as the holder of a power of attorney from the owner of the land on which the building or apartment is constructed or plot is developed for sale; or (vi) such other person who constructs any building or apartment for sale to the general public. (zm)"real estate agent" means any person, who negotiates or acts on behalf of one person in a transac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oram non judice nor also the exercising of writ jurisdiction by this Court, thus in the face of availability of remedy of appeal to the present petitioner, to therebys challenge Annexure P-1, thus is a well recoursed remedy. 25. Resultantly, also therebys the non registration of the subject project by the present petitioners with the RERA nor the passing of any order in terms of second proviso of sub-Section 1 of Section 3 of RERA Act, thus is completely meaningless nor therebys the complaints filed by the allottees concerned, can be argued to be not competently instituted complaints, thus by the aggrieved concerned, from the purported ill acts of the promoter, who is the present petitioner. 26. Furthermore, since Section 37 of the RERA Act, also confers a plenitude of jurisdiction upon the RERA authority to rather, for the purpose of discharging its function under the provisions of this Act or the rules or regulation thereunders, thus issue such directions as required from time to time vis-à-vis, promoters or allottees or real estate agents. Consequently, the supra plenitude of jurisdiction as envisaged in Section 37 of RERA Act when also covers promoters or allottees or ..... X X X X Extracts X X X X X X X X Extracts X X X X
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