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SURESHWAR THAKUR, VIKAS SURI
Ramprastha Developers Pvt. Ltd. – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Mr. Sureshwar Thakur, J.
The instant writ petition has been directed against the passing of the impugned order (Annexure P-1). Annexure P-1 is a decision recorded on 26.07.2024, thus by the Haryana Real Estate Regulatory Authority, Gurugram. The decision supra was made on various complaints which became instituted at the instance of Yuvraj Arora and Vivek Arora, rather against the present petitioners. All the complaints were decided through a common judgment(s) as becomes embodied in (Annexure P-1).
OBJECTIONS OF THE RESPONDENTS THAT THE INSTANT WRIT PETITION IS NOT MAINTAINABLE AS THE PRESENT PETITIONERS HAVE AN ALTERNATIVE REMEDY.
2. At the outset, the learned counsel appearing for the respondent has vigorously contended, that since the impugned annexure is appealable through a statutory appeal becoming made, there against before the authority contemplated under Section 43 (5)of the Real Estate (Regulation and Development) Act of 2016 (hereinafter referred to as RERA Act), provisions whereof becomes extracted hereinafter: -
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“(5) Any person aggrieved by any direction or decision or order made by t
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.
Complaints under RERA can only be filed for projects capable of registration; lack of necessary permissions renders a project unregistrable, barring complaints.
The definition of 'promoter' under RERA allows for developers without land ownership to register projects, and failure by UPRERA to act within statutory timeframes results in deemed registration.
The Real Estate (Regulation and Development) Act mandates registration for ongoing projects, where completion certificates are absent, emphasizing consumer protection in real estate transactions.
The court upheld the requirement for total deposit of compensation and interest before hearing appeals under the Real Estate Act, affirming RERA's jurisdiction over disputes involving landowners as a....
The court affirmed that ongoing real estate projects must be registered under RERA to protect allottee interests, regardless of title transfer.
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