PRASHANT KUMAR MISHRA, J.

1. Heard learned counsel for the petitioner.

2. Challenge in this petition is to the order passed by the Chhattisgarh Real Estate Regulatory Authority (henceforth 'the RERA') constituted under the provisions of the Real Estate (Regulation and Development) Act, 2016 (henceforth 'the RERA Act') on 17-7-2018 directing the petitioner to remove the defects in the workmanship & quality and provide all facilities to the flat purchasers, as projected in the brochure issued at the time of making offer to purchase and thereafter, obtain work completion certificate. The RERA has also directed the petitioner to pay a sum of Rs.31.00 lacs to the Greenglory Residents Welfare Society (henceforth 'the RWS') for construction of swimming pool. It has also directed the Municipal Corporation, Raipur, to issue work completion certificate only after the facilities are provided and defects are removed by the petitioner, in terms of RERA's order.

3. The petitioner is a 'Builder' at Raipur, which launched the residential project in the name of Greenglory at Shankar Nagar, Khamhardih, Raipur. The completion period of which was 30 months starting from January, 2010 to June, 2012. The project comprise of construction of 120 flats within compound wall with all facilities, as described in the marketing brochure.

4. According to the respondent/complainant, the project was inordinately delayed and forced its consumers for taking possession of incomplete flats. The complainant obtained possession of one flat, however, the project being incomplete the residents faced many difficulties. The complainant visited the office of the Municipal Corporation, Raipur, where from it came to his knowledge that work completion/occupancy certificate has not been issued for the project and that the petitioner's colonizer license has already expired on 21-7-2014 without there being any application for renewal.

5. After hearing both the parties, the RERA has found deficiencies in workmanship and quality. RERA also noticed that the swimming pool, as promised in the brochure, has not been constructed.

6. In the complaint Annexure – P/1, the complainant has highlighted many defects like failure of plantation of trees after every 100 sq.mtr.; violation of parking norms; non-installation of lightining arrestor & rain water harvesting system; failure to provide connection of waste water drains to exit drains; failure to provide safety norms by installation of electrical panels below staircase and in front of elevators; non-payment of dues to Municipal Corporation, Raipur; non-obtaining of completion/ occupancy certificate and non-completion of amenities, as promised in the marking brochure & agreement.

7. It is argued that there was no promise for construction of swimming pool and for seeking compensation under Sections 12, 14, 18 & 19 the process of adjudication is provided under Section 71 of the RERA Act, however, the adjudicatory authority having not been appointed by the RERA in consultation with the appropriate Government, the RERA could not have directed for payment of Rs.31.00 lacs to the RWS.

8. Before proceeding to consider the submissions, it would be necessary to refer to the objects and reasons with which the RERA Act has been enacted.

9. The 'Preamble' of the RERA Act shows that the same has been enacted to establish the 'Real Estate Regulatory Authority' for regulation and promotion of the real estate sector and to ensure sale of plot, apartment or building, as the case may be, or sale of real estate project in an efficient and transparent manner and to protect the interest of consumers in the real estate sector and to establish an adjudicating mechanism for speedy redressal and also to establish the Real Estate Appellate Tribunal to hear Appeals from the decisions, directions or orders of the Real Estate Regulatory Authority and Adjudicating Officer and for the matters connected therewith or incidental thereto.

10. The 'Statement of Objects and