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2022 Supreme(Online)(Chh) 1705

CHHATTISGARH STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BILASPUR
N/A, N/A
Gold Bricks Infrastructures Pvt. Ltd. v. Atul Agrawal
Miscellaneous Appeals | M.A. No. 25/2021 | M.A. No. 22/2021 | M.A. No. 31/2021 | M.A. No. 19/2021 | M.A. No. 20/2021



Advocates:
For the Appellants/Petitioners: Ashish Surana, Shalvik Tiwari
For the Respondents: R.S. Marhas, Anup Majumdar, Shailesh Tiwari, Shrijan Shukla, Amrito Das

The jurisdiction of the Real Estate Appellate Tribunal was affirmed, directing adjudication of compensation claims based on statutory authority under RERA.

Headnote:(A) Real Estate (Regulation and Development) Act, 2016 - Jurisdiction of Real Estate Appellate Tribunal - The appeals arise from the orders of RERA regarding development works. The Appellate Tribunal remanded the matter for inspection and decision on development/user charges, which is challenged on jurisdictional grounds (Paras 12, 21).

(B) The single member Tribunal's orders are examined, focusing on their compliance with statutory requirements, particularly S.43 and S.71 (Paras 8, 17). The court found that delegating appellate functions to a single member constituted under different statutes was temporary and that the substantive issues of development and charges must be adjudicated appropriately as per the statute (Paras 19, 24).

Findings of Court:
The court held the remand for user charges to be unauthorized, affirming the single member's jurisdiction to evaluate development efficacy for compensation calculation (Paras 23, 24).

Result: Appeals disposed off.

Table of Content
1. issue of development work and complaint against builders. (Para 2 , 3)
2. substantial questions regarding jurisdiction of the appellate tribunal. (Para 5 , 6)
3. jurisdictional scope of adjudicating authorities under rera. (Para 19 , 20)
4. authority to adjudicate on compensation related matters. (Para 23 , 24)

1. All these miscellaneous appeals are heard together, as have been admitted primarily on the common questions of law.

2. The appellants herein are the Builders / Colonizers / Developers. The private respondents who purchased the plots filed a complaint before the Real Estate Regulatory Authority (for short RERA). According to the private respondents, they purchased plots in a project known as Anandam World City, Kachna on different dates. It was alleged that while they wanted to construct the houses, it was objected by the builders and a demand was made for infrastructure developments fees. Apart from that, the development work in the Colony, i.e. Walkway, Fire - station, Open Area, Temple, Development of Pond, Garden, Other amenities of the Retail & Business Shops, Hospital, Amphitheater, Supermarket, Multiplex, ATM, Library, Doctor, Kids' Play Area was not provided. The boundary wall also remained incomplete and the roads were without street lights. Whereas in the brochure and the advertisement, all the amenities were promised to be provided. On such different count, the petition was filed wherein a joint order was passed by the RERA on 10.2.2020 and all the applications filed by the private respondents / beneficiaries were dismissed.

3. Being aggrieved by such order, an appeal was preferred before the Appellate Tribunal. The Appellate Tribunal by its order dated 8.12.2020 remanded the case with certain directions and RERA was directed to get the area inspected by an Architect to evaluate whether development work was carried out or not and further direction was given that issue about payment of development / user charges in absence of agreement non - execution of the agreement be referred to the adjudicating authority and the grievances of the private homebuyer were directed to be decided afresh.

4. Being aggrieved by the said order of the Appellate Tribunal, these appeals have been filed.

5. (i) M.A. No. 25/2021 was admitted on the following substantial questions of law :
(a) Whether the order dated 8.12.2020 passed by the learned Real Estate Appellate Tribunal was without jurisdiction since it was passed by a single member?
(b) Whether the learned Real Estate Appellate Tribunal was justified in law in remanding the case to the adjudicating officer constituted under S.71 of Real Estate (Regulation and Development) Act, 2016 (for short RERA) to adjudicate on various complaints other than issue of compensation in view of limited jurisdiction conferred on the adjudicating officer under S.71 of the RERA Act, 2016.
(ii) M.A. No. 22/2021 was admitted on the following substantial questions of law :
(a) Whether the order dated 8.12.2020 passed by the learned Real Estate Appellate Tribunal was without jurisdiction since it was passed by a single member?
(b) Whether the learned Real Estate Appellate Tribunal was justified in law in remanding the case to the adjudicating officer constituted under S.71 of (for short RERA) to adjudicate on various complaints other than issue of compensation in view of limited jurisdiction conferred on the adjudicating officer under S.71 of the RERA Act, 2016.
(iii) M.A. No. 31/2021 was admitted on the following substantial question of law :
Whether the order dated 4.3.2021 passed by the learned Real Estate Appellate Tribunal was without jurisdiction since it was passed by a single member bench?
(iv) M.A. No. 19/2021 was admitted on the following substantial questions of law :
(a) Whether the order dated 8.12.2020 passed by the learned Real Estate Appellate Tribunal was without jurisdiction since it was passed by a single member?
(b) Whether the learned Real Estate Appellate Tribun
















































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