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HARKESH MANUJA
Rise Projects Pvt. Ltd. – Appellant
Versus
Sanjay Goel – Respondent
JUDGMENT
Mr. Harkesh Manuja, J. (Oral)
This order of mine shall dispose of abovementioned three appeals as common question of law and facts are involved. For convenience, facts are taken from RERA-APPL-85 of 2023.
2. By way of present appeal, challenge has been made to the orders dated 16.10.2021 and 27.07.2023 passed by Haryana Real Estate Regulatory Authority, Panchkula (hereinafter referred to as "the Authority) and Haryana Real Estate Appellate, Tribunal (hereinafter referred to as "Appellate Tribunal").
3. In the present case, complaint was filed at the instance of respondent against appellant herein inter alia seeking the following reliefs:-
4. Upon notice, the present appellant appeared and filed a comprehensive written statement taking specific plea to the effect that the issue of "annual return" could not be made subject matter of jurisdiction of the Authority. Initially, the issue of jurisdiction was never pressed for adjudication, however, at the stage of final argument, an ap
The jurisdiction of the Real Estate Appellate Tribunal was affirmed, directing adjudication of compensation claims based on statutory authority under RERA.
The High Court upheld that jurisdiction for RERA to adjudicate complaints exists even if the promoter lacks registration, emphasizing the rights of aggrieved parties under the Act.
The RERA Act excludes Civil Court jurisdiction for disputes covered under its provisions, rendering any injunction by the Civil Court a nullity.
The distinction between refund of amount and compensation under the 2016 Act, and the power of the Regulatory Authority and the Adjudicating Officer to decide such matters.
The main legal point established is the need for a composite comprehensive order to decide all issues together, emphasizing the enabling powers of the Authority to issue interim orders, directions, i....
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