GAHC010034552025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : RERA APPEAL/3/2025 PRASANTA KUMAR BHATTACHARYYA S/O LATE PUSPADHAR BHATTACHARYYA, RESIDENT OF HORO GAURI COMPLEX, TARAJAN, JORHAT, ASSAM 785001

2: TULSI NATH BHATTACHARYYA S/O LATE PUSPADHAR BHATTACHARYYA RESIDENT OF HORO GAURI COMPLEX TARAJAN JORHAT ASSAM 78500 VERSUS MS SUNDARAM CONSTRUCTIONS THROUGH ITS PARTNERS REGISTERED OFFICE ADDRESS TARAJAN SAMSHAN PATH PO PS AND DIST JORHAT ASSAM 785001 OFFICE AT 1ST FLOOR, BLOC A, HORO GAURI COMPLEX, TARAJAN, JORHAT, ASSAM 785001 Advocate for the Petitioner : MR C GOGOI, Advocate for the Respondent : , Linked Case : RERA APPEAL/7/2025 Appellant PRASANTA KUMAR BHATTACHARYYA AND ANR S/O. LT. PUSPADHAR BHATTACHARYYA R/O. HORO GAURI COMPLEX TARAJAN JORHAT ASSAM PIN-785001. MOBILE NO. 9531114056

2: TULSI NATH BHATTACHARYYA S/O. LT. PUSPADHAR BHATTACHARYYA R/O. HORO GAURI COMPLEX TARAJAN JORHAT ASSAM PIN-785001. MOBILE NO. 9365062671 VERSUS Respondent M/S SUNDARAM CONSTRUCTIONS THROUGH ITS PARTNERS REGISTERED OFFICE ADDRESS TARAJAN SAMSHAN PATH P.O. JORHAT. P.S. JORHAT DIST. JORHAT ASSAM PIN-785001. OFFICE ALSO AT SUNDARAM CONSTRUCTION OFFICE

1ST FLOOR BLOC A HORO GAURI COMPLEX TARAJAN JORHAT PIN-785001. MOBILE NO. 9435095488 EMAIL ID. kalyankr12@gmail.com sauravtamuli22416@gmail.com ------------

Advocate for Appellant: MR C GOGOI Advocate for Respondent: MR P BARUAH appearing for M/S SUNDARAM CONSTRUCTIONS BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN

ORDER

09.03.2026 Heard Mr. K. Deka, learned counsel for the appellant.

2. These appeals, under Section 58 of the Real Estate (Regulation & Development) Act, 2016 (RERA Act hereinafter), are directed against the common judgment and order dated 19.12.2024, passed by the learned Assam Real Estate Appellate Tribunal, Guwahati (Appellate Tribunal hereinafter) in REAT/ASSAM/Appeal No. 22/2024 and also in REAT/ASSAM/Appeal No. 23/2024. 3. It is to be noted here that vide impugned judgment and order dated 19.12.2024, learned Appellate Tribunal had dismissed the aforementioned appeals and thereby, upheld the judgment dated 23.04.2024, passed by the learned Real Estate Regulatory Authority, Guwahati (RERA hereinafter), in Complaint Case No. RERA/ASSAM/COM/2022/24.

4. Mr. Deka, learned counsel for the appellants, submits that the appellants are land owners and the allottees of residential flats and commercial space in the Horo Gauri Complex Projects, Jorhat. They had executed an agreement with the respondent on 11.01.2016 for the development of the land mentioned as "the Schedule Property" (the "land") and in view of the agreement, the respondent was required to construct multi-storied buildings and commercial space etc. on the said land. The respondent had entered into similar development agreements with other landowners. All the constructions of the buildings, commercial space etc. is part of the project named as the Horo Gauri Complex (the "Project"). As per the terms of the agreement the appellants are entitled to flats, commercial space and other amenities once the project is completed. Thereafter, the respondent failed to complete the project as stipulated in the Development Agreement and also deviated from the approved sanction plan and project specifications set by the RERA. Thereafter, the appellants, through various communications dated 23.08.2021 and 07.06.2022, intimated the respondents about the incomplete status of the project and asked for a meeting so as to discuss the issues with the respondent in the project. Then being aggrieved by the conduct of the respondent, the appellants had filed a Complaint Case No.

RERA/ASSAM/COM/2022/24 (the "Complaint") under Section 31 of the Real Estate (Regulation and Development) Act, 2016 (the "Act"). Then the RERA, Assam was pleased to issue notice on the Complaint. The respondent had raised the objection on the issue of maintainability of the Complaint. The RERA, Assam by its Order date