Punjab-Haryana High Court
M/S Ramprastha Developers Pvt Ltd And ... vs State Of Haryana And Ors on 30 January, 2025
Bench: Sureshwar Thakur, Vikas Suri
Neutral Citation No:=2025:PHHC:019155-DB
1
CWP-24591
24591-2024
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(120)
CWP-24591-2024
Date of Decision: 30.01.2025
M/S RAMPRASTHA DEVELOPERS PVT LTD AND ORS
...Petitioners
Petitioners
Versus
STATE OF HARYANA AND ORS
...Respondents
CORAM: HON'BLE MR. JUSTICE SURESHWAR THAKUR
HON'BLE MR. JUSTICE VIKAS SURI
Present:- Mr. Anand Chhibbar, Sr. Advocate with
Mr. Sahej Mahajan, Advocate
Mr. Vaibhav Sahne, Advocate
Mr. Utkarsh Khatana, Advocate for the petitioners.
Mr. Ankur Mittal, Addl. A.G. Haryana
Mr. Saurabh Mago, D.A.G., Haryana
Haryana.
Mr. Puneet Bali, Sr. Advocate with
Ms. Bhagyashri Setia, Advocate
for the respondent(s) No.2 & 33.
Mr. Pravindra Singh Chauhan,
han, A.G. Haryana
Mr. Ankur Mittal, Advocate
Mr. Sandeep Chabbra, Advocate
Ms. Kushaldeep Kaur, Advocate
Ms. Saanvi Singla, Advocate for the respondent(s)
respondent(s)-RERA.
*****
SURESHWAR THAKUR, J. (Oral)
1. The instant writ petition has been directed against the passing of the impugned order (Annexure P-1).. Annexure P P-1 is a decision recorded on 26.07.2024, 26.07.2024 thus by the Haryana Real Esta Estate te Regulatory Authority, Authority Gurugram. The decision supra was made on various complaints which Gurugram.
became instituted at the instance of Yuvraj Arora and Vivek Arora, rather 1 of 19 ::: Downloaded on - 15-02-2025 02:47:24 ::: Neutral Citation No:=2025:PHHC:019155-DB 2 CWP-24591 24591-2024 against the present petitioners. All the complaints were decided through a common judgment(s) judgment as becomes embodied in (Annexure P-1).
OBJECTIONS OF THE RESPONDENTS THAT THE INSTANT WRIT PETITION IS NOT MAINTAINABLE AS THE PRESENT PETITIONER HAVE AN ALTERNATIVE REMEDY. PETITIONERS
2. At the outset, the learned counsel appearing for the respondent has vigorously contended, that since the he impugned annexure is appealable through a statutory appeal becoming made made, thereagainst before the authority contemplated under Section 43(5)of of the Real Estate (Regulation and Development Act of 2016 (hereinafter referred to as RERA Act), provisions Development) whereof becomes extracted hereinafter:-
hereinafter:
43. Establishment of Real Estate Appellate Tribunal.
XX XXXXXXXXXXXXXXXXXXXXXXXX "(5) Any person aggrieved by any direction or decision or order made by the Authority or by an adjudicating officer under this Act may prefer an appeal before the Appellate Tribunal having jurisdiction over the matter:
Provided that where a promoter files an appeal with the Appellate Tribunal, it shall not be entertained, without the promoter first having deposited with the Appellate Tribunal atleast thirty per cent. of the penalty, or such higher percentage as may be determined by the Appellate Tribunal, or the total amount to be paid to the allottee including interest and compensation imposed on him, if any, or with both, as the case cas may be, before the said appeal is heard.
3. As such, the counsel for the respondents vigorously contends that therebys the instant writ petition is required to be declared as 2 of 19 ::: Downloaded on - 15-02-2025 02:47:25 ::: Neutral Citation No:=2025:PHHC:019155-DB 3 CWP-24591 24591-2024 mis-constituted.
constituted. Moreover, the counsel for the respondents also contends contend that therebys the instant challenge as becomes cast to Annexure P-1 but is required to be the rejected at the very threshold.
4. However, the learned counsel appearing for the petitioners, has vigorously argued before this Court, that the impugned decision is ridden with a jurisdictional defect, defect inasmuch as as, the Real Estate Regulatory Authority, Gurugram (hereinafter referred to as ''RERA'), rather has proceeded to assume jurisdiction over complaint complaint(s), rather whereovers no valid jurisdiction was so assumable. Consequently he has argued that the impugned annexure is ridden with the vice of coram non judice.
5. The reasons which he so advances are inter alia i) no licence becoming granted to the present petitioners in terms of Section 3 of the RERA Act, Act whereas, the makings of the registration of the subject project rather was a pre-requisite pre requisite mandatory requirement, thus for the subject project becoming covered within the ambit of the RERA Act.
ii) Annexure P-3 P contents whereof becomes extracted hereinafter, "Ramprastha Ramprastha Developers Pvt. Ltd. Rgd. Office: Shop No. 10, C C-Block Block Market, Vasant Vihar, New Delhi.
Receipt No. 671 Dated 23/08/06 RECEIVED with thanks from M/s / Ms. / Mr. Yuvraj Arora & Vivek Arora.
R/o INR International E47/6 okhala Ind. Area Phase II Delhi. A sum of Rs.24937500 (Rupees Two Crore Forty Nine Lacs thirty Five Thousand Five Hundred Only). Vide cheque(s) No.409900, 717917, 790502. Dated 28/06/06. Drawn on Karur Vyasa Bank.
Against your request for tentative Registration of 250 X 26 = 6500 Sq. Yds plot in our future potential projects projects."
3 of 19 ::: Downloaded on - 15-02-2025 02:47:25 ::: Neutral Citation No:=2025:PHHC:019155-DB 4 CWP-24591 24591-2024 When but becomes confined to the receipts of payments payments, vis-à-
vis vis certain specific projects and when they do not cover the instant project.
Resultantly, it is argued that the supra extracted contents of Annexure P-3 P also do not leverage right, right if any, in the present petitioners to avail the remedy under the RERA Act.
6. For determining the force of the supra submissions submissions, it is deemed deem imperative ive to extract the provisions as become carried in Section 3 of RERA Act, the said provisions become extracted hereinafter:
hereinafter:-
"Section Section 3: Prior registration of real estate project with Real Estate Regulatory Authority.
(1) No promoter shall advertise, market, book, sell or of-
o fer for sale, or invite persons to purchase in any manner any plot, apartment or building, as the case may be, in any real es-
e tate project or part of it, in any planning area, without register-
registe ing the real estate project with the Real Estate Regulatory Au-
A thority established under this Act:
Provided that projects that are ongoing on the date of commencement of this Act and for which the completion certifi-
certif cate has not been issued, the promoter shall make an application to the he Authority for registration of the said project within a period of three months from the date of commencement of this Act:
Provided further that if the Authority thinks necessary, in the interest of allottees, for projects which are developed beyond the planning area but with the requisite permission of the local authority, it may, by order, direct the promoter of such project to register with the Authority, and the provisions of this Act or the rules and regulations made thereunder, shall apply to such projects rojects from that stage of registration.
4 of 19 ::: Downloaded on - 15-02-2025 02:47:25 ::: Neutral Citation No:=2025:PHHC:019155-DB 5 CWP-24591 24591-2024 (2) Notwithstanding anything contained in sub sub-section section (1), no registration of the real eestate state project shall be re-
r quired-
(a) where the area of land proposed to be developed does not exceed five hundred square meters or the number of apart-
apar ments proposed to be developed does not exceed eight inclusive of all phases:
Provided that, if the appropriate Government considers it necessary, it may, reduce the threshold below five hundred square meters or eight apartments, as the case may be, inclu-
incl sive of all phases, for exemption from registration under this Act;
(b) where the promoter has received completion certifi-
certif cate for a real estate project prior to commencement of this Act;
(c) for the purpose of renovation or repair or re- development which does not involve marketing, advertising selling ing or new allotment of any apartment, plot or building, as the case may be, under the real estate project.
project."
7. For the reasons to be assigned hereinafter, the (supra) addressed address submissions before this Court are rejected primarily, for the reason (1) that even if assumingly, the t present petitioners were not granted a licence in terms of Section 3 of the RERA Act (supra) (supra), provisions whereof of become extracted hereinabove. However, the non issuance of the relevant/apposite pposite licence to the present petitioners, yet does not yet restrict the right of the home buyers, buyers to access the remedy as contemplated under the instant specific statute, statute i.e. the RERA Act.
5 of 19 ::: Downloaded on - 15-02-2025 02:47:25 ::: Neutral Citation No:=2025:PHHC:019155-DB 6 CWP-24591 24591-2024
8. The reason for stating so emaanates from the factum, that though the provisions embodied in sub-Section Section 1 of Section 3 of the RERA Act, Act though entail a statutory obligation vis-a--vis the promoter, rather against his advertising tising, marketing, booking, selling ing or offering for sale, or inviting persons to purchase in any manner any plot, apartment or building, as the case may be, in any real estate project or part of it, in any planning area, thus without the promoter registering, the real estate project w with the RERA Authorities uthorities.
9. Moreover, though the first proviso to sub sub-Section Section 1 of Section 3 of the RERA Act, Act though makes contemplations that vis-à-vis vis projects that are ongoing, ongoing on the date of commencement of this Act Act, and for which the completion certificate has not been issued issued, thereupons the promoter becomes enjoined to make an application to the Authority Authority, for causing the registration of the said project but within a period of three months from the date of commencement of this Act.
10. In addition the second proviso which occurs under sub sub-Section Section 1 of Section 3 of the RERA Act, further makes speakings to the extent, that it casts a statutory obligation upon the competent authority authority, to if it in its profound found wisdom it deems it necessary, but in the interest of allottees, to qua such projects, projects which are developed beyond the planning area area, but with the requisite permission of the local authority ity, thus to make a direction upon the promoter of such a project, to register the same with the authority, where-
wher upons the provision provision of the said provision or the rules and regulations made 6 of 19 ::: Downloaded on - 15-02-2025 02:47:25 ::: Neutral Citation No:=2025:PHHC:019155-DB 7 CWP-24591 24591-2024 thereunder unders become further declared to ap apply to such projects from the date of registration.
11. Consequently, though in terms of the second proviso to sub-Section Section 1 of Section 3 of the RERA Act Act, thus irrespective of the promoter rather omitting to thus with the RERA Authorities Authorities, but cause the apposite registration.
registration Yet, when a statutory obligation becomes encumbered upon the authority, authority to in the interest of allottees allottees, thus in respect of the apposite project(s), project to yet, make a direction upon the promoter to ensure the registration of the relevant project with the authority concerned. Moreover, with the he provisions as embodied in Section 59 (2) of the RERA Act, Act provisions become extracted hereinafter hereinafter, making contemplations vis-a--vis the necessity of imposition of punishment upon the violator concerned, upon his/her making evident violations vis-à-vis vis the prov provisions isions embodied in sub-
sub Section 1 of Section 3 of the RERA Act or upon his failing iling to comply with the order as become issued by the competent authority in terms of the statu-
stat tory contemplations, contemplations as made in the second proviso to Section 33, rather for a term which may extend to 3 years or with fine which make makes extend tend upto a further 10% per centum of the estimated cost of the Real Estate Project or with both..
"Section Section 59:Punishment for non non-registration registration under section 3.
59. (1) If any promoter contravenes the provisions of section 3, he shall be liable ble to a penalty which may extend up to ten per cent. of the estimated cost of the real estate project as determined by the Authority.
7 of 19 ::: Downloaded on - 15-02-2025 02:47:25 ::: Neutral Citation No:=2025:PHHC:019155-DB 8 CWP-24591 24591-2024 (2) If any promoter does not comply with the orders, de-
d cisions or directions issued under sub sub-section section (1) or continues to violate the provisions of section 3,, he shall be punishable with imprisonment for a term which may extend up to three years or with fine which may extend up to a further ten per cent. of the estimated cost of the real estate project, or with both."
12. Resultantly, on makings of combined and harmonious readings reading of statutory provisions supra, supra the conclusion therefrom therefrom, but is that, though prima facie there becomes an encumbered a statutory necessity, upon, a developer developer/promoter, to cause the apposite registration before his proceeding market, book, sell or offer for sale manner any plot, apartment or building, as the case may be, in any real estate project or part of it, in any planning area. Moreover, Moreover the further ensuing inference therefrom, is that, there also is a statutory obligation cast upon the competent authority authority, to but in the interest of the allotees, allotees yet in respect of the apposite projects developed beyond the planning area, area but with the requisite permission of the local authority, thus makee a direction upon the promoter to register the project with the competent authority, author wherebys herebys the provisions of this Act and of the thereunder regulations are declared to become applicable qua such projects from the date of registration. Moreover, the further inference therefroms, s, is that, since the sanction behind the lack of compliance qua the order rendered in the terms of the second proviso to sub sub-Section 1 of Section 3 of RERA Act, thus also becomes embodied in Section 51 of RERA Act,, therebys the appositely made order requires adherence thereto theretos becoming made, rather thus to avoid the imposition of the supra punishments.
8 of 19 ::: Downloaded on - 15-02-2025 02:47:25 ::: Neutral Citation No:=2025:PHHC:019155-DB 9 CWP-24591 24591-2024 "51.
51. Officers and other employees of Appellate Tribunal Tribunal----(1) The appropriate Government shall provide the Appellate Tribunal with such officers and employees as it may deem fit.
(2) The officers and employees of the Appellate Tribunal shall discharge their functions under the general superintendence of its Cha Chairperson.
(3) The salary and allowances payable, to and the other terms and conditions of service of, the officers and employees of the Appel-
Appe late Tribunal shall be such as may be prescribed.
prescribed."
13. Consequently,, though the learned counsel appearing for the petitioners submits that when neither the provisions of sub petitioners, sub-Section Section 1 of Section 3 of RERA Act supra, became complied with at the instance of the present petitioner(s) petitioner nor when in terms of the second proviso of sub-Section Section 1 of Section 3 of the RERA Act, Act the order ordain ordained thereins became made by the competent authority, authority whereas, only therebys, thus the provisions of sub-Section Section 2 of Section 59 of RERA Act would become galvanized,, which however for the apposite omissions rather cannot be become galvanised .
Resultantly therebys though there is prima facie some substance in the Resultantly, arguments raised today before this Court Court, by the learned counsel for the petitioners that in the wake of respective non-issuance of the apposite petitioners, licence, to the relevant project, besides, also for want of the provisionss of the second proviso becoming activated, activated therebys there was no valid assumption of jurisdiction by the RERA authority vis--a-vis the instant complaints.
14. In other words, for or the above omissions or for the above wants, want it is argued before this Court by the learned counsel for the petitioners, that the assumption of jurisdiction over the subject complaints complaints, whereons, the 9 of 19 ::: Downloaded on - 15-02-2025 02:47:25 ::: Neutral Citation No:=2025:PHHC:019155-DB 10 CWP-24591 24591-2024 impugned verdict became recorded rather was an ill assumed jurisdiction there overs and also therebys the impugned order is non-est.
15. Furthermore, though, thee learned counsel for the respondents refers to page No.311 N of the paper-book,, wherein, there are speakings, that the present petitioners had sought renewal of licence No.128 of 2012 dated ated 28.12.2012 for setting up of Residential Plotted Colony Colony, overr an area measuring 105.402 acres falling in Sector Sector-37C & 37D, Gurugram, Manesar Urban Complex, wherefroms also it is abundantly clear, that the supra licence became not issued within the the ambit of the contemplation made in sub-Section Section 1 of Section 3 of the RERA Act. However, yet et for the further reasons to be assigned hereinafter rather the non-compliances, if any, or the non-workabilities workabilities if any, vis-à-vis sub-Section Section 1 of Section 3 of RERA Act, Act or non-activation activation of the second proviso of sub sub-Section 1 of Section 3, rather carry no consequential ill effects, so to forbid the present respondents,, to agitate their claim against the present petitioners petitioners, thus before the RERA.
16. The reason for so stating becomes inter alia founded upon the factum (I) that the present petitioners have made a rigid dependence both upon the provisions which occur in sub-Section Section 1 of Section 3 of RERA Act and also upon the provisions as become embodied in the second proviso thereof. Moreover, the counsel for the petitioners but has also remained unmindful vis-à-vis, vis the fact that the said provisions were to be also read alongwith the other corresponding provisions which occur in the RERA Act.
17. Therefore, all the hereafter alluded to provisions, as occur the RERA Act, Act are to be also read harmoniously alongwith the supra provisions, provisions whereupon thus, thus for the further reasons to be assign assigned hereafter, rather the t 10 of 19 ::: Downloaded on - 15-02-2025 02:47:25 ::: Neutral Citation No:=2025:PHHC:019155-DB 11 CWP-24591 24591-2024 arguments addressed before this Court by the learned counsel for the petitioner become rendered infirm and as such deserve becoming rejected. petitioner, The said provisions are the ones which occur in Section 31 of the RERA Act, provisions whereof become extracted hereinafter.
"31. Filing of complaints with the Authority or the adjudicating officer:-
officer:
(1) Any aggrieved person may file a complaint with the Authority or the adjudicating officer, as the case may be, for any violation or contravention of the provisions of this Act or the rules and regulations made thereunder, against any promoter, allottee or real estate agent, as the case may be.
be."
18. A reading of the hereinabove above extracted provisions, as carried in Section 31 of the RERA Act, reveal that, there is a bestowment of a statutory right in any aggrieved person to file a complaint with the authority or before the adjudicating officer, thus relating ating to any violation violations or contraventions qua any provisions of the t Act or of the rules and regulation regulations made thereunder, thereunder and, the said sa statutory endowment is stated therein to be ably raisable against any promoter, promoter allottee or Real Estate Agent Agent, as the case may be. Resultantly, therebys, herebys, the issue relating to the exercising of able jurisdiction, upon, the apposite complaint rather becomes more pointedly underpinned, on the supra provisions relating to the adjudicatory capacity of the RERA RERA, than vis-
vis a-vis vis respective respect omissions being made to either sub sub-Section Section 1 to Section 3 of RERA Act or to the second proviso to sub sub-Section 1 of Section 3 of RERA Act.
19. The necessity of compliances being made vis-à-vis vis the provisions occurring in sub-Section sub Section 1 of the Section 3 of the RERA Act or 11 of 19 ::: Downloaded on - 15-02-2025 02:47:25 ::: Neutral Citation No:=2025:PHHC:019155-DB 12 CWP-24591 24591-2024 vis-a-vis vis the provisions embodied in the second proviso to sub Section 1 of Section 3 of RERA Act, rather would be of immense consequential significance but insofar as the instant case is concerned, the statute does not significance, demand rigid compliances theretos, rather they but are to be read along with the Statutory vestment of adjudicatory competence in the RERA authorities.
authorities The reason for stating so, emanates from the factum factum, that the said provisions provision purportedly demanding absolute compliance compliance, but do not underpin the issue relating to the vesting of adjudicatory adjudicatory competence in the RERA A Authority.
uthority.
However, the apposite provision whereby becomes conferred the jurisdictional adjudicatory competence petence in the RERA authorities, rather is the one which become embodied in Section 31 of the RERA Act.
20. If so, in other words, the vesting of jurisdiction jurisdictional competence, competence in the RERA authority, authority is pinpointedly grooved upon the bestowment of a remedy to the aggrieved, aggrieved thus through the statutory mandate enclosed in Section 31 of RERA Act, than upon, the necessity of compliances being made by the promoter, promoter vis-a-vis the mandate which occur occurs in sub-Section Section 1 of the Section 3 of RERA Act.. Moreover therebys wants if any of compliance rather even by the competent authority compliances authority, vis-à-vis, the mandate enclosed in the second proviso to sub-Section Section 1 of Section 3 of RERA ERA Act, Act thus is not the apposite statutory precursor rather for vesting the competent adjudicatory jurisdiction in the RERA Authorities.
21. Moreover, since the term 'promoter promoter' as defined in Section 2 (zk) of the RERA Act, Act has been statutorily imparted an omnibus meaning whereby it covers "any person" who constructs or causes to be constructed, constructed an independent building or a building consisting of apartments, or converts 12 of 19 ::: Downloaded on - 15-02-2025 02:47:25 ::: Neutral Citation No:=2025:PHHC:019155-DB 13 CWP-24591 24591-2024 an existing building or a part thereof into apartments, for the purpose of selling all ll or some of the apartments, apartments to other persons and includes his assignees.. In sequel, therebys if the said plenitude of statutory meaning meaning, thus becomes assigned to "promoter" besides, when the term Real Estate Project, Project has been defined to cover the development of a building or a building consisting of apartments, or converting an existing building or a part thereof into apartments, or the development of land into plots or apartments apartments, as the case may be, be for the purpose of selling all or some of the said apartments or plots or buildings, buildings as the case may be.
22. Resultantly, therebys the present respondent, qua whom the present petitioner uncontrovertedly issued Annexure P-3, contents whereof whereo becomes extracted hereinbove, but ut becomes an allottee allottee, inasmuch as,, his falling within the ambit of the supra statutory meaning meaning, as has been assigned to the coinage 'allottee' supra, besides when he would naturally through Annexure P-3, P thus subsequent thereto hence acquire the therebys promised promise to him, thus allotment by sale, transfer or otherwise.
(zk) "promoter" means-
means
(i) Forgathering the definition of promoter it is obviously relevant to allude to the statutory definitions has become imparted to promoter who in the supra extracted provisions has been declared to be bea a person who constructs or causes to be constructed an independent building or a building consisting of apartments, or converts an existing building or a part thereof into apartments, for the purpose of selling aall ll or some of the apartments to other persons and includes his assignees; or 13 of 19 ::: Downloaded on - 15-02-2025 02:47:25 ::: Neutral Citation No:=2025:PHHC:019155-DB 14 CWP-24591 24591-2024
(ii) a person who develops land into a project, whether or not the person also constructs structures on any of the plots, for the purpose of selling to other persons all or some of thee plots in the said project, whether with or without structures thereon; or
(iii) any development authority or any other public body in respect of allottees of of--
(a) buildings or apartments, as the case may be, constructed by such authority or body on lands owned by them or placed at their disposal by the Government; or
(b) plots owned by such authority or body or placed at their disposal by the Government, for the purpose of selling all or some of the apartments or plots; or
(c) Since the present petitioner has constructed or has caused to be constructed a building or independent building or apartments. B Besides esides who has developed the subject lands ands in the project thus for the purpose of selling then to other persons which he has to the promise to be done to the making of Annexure P P-3.
3. Moreover, when the present petitioner is has acted himself as a builder, coloniser, contractor, developer, estate developer.. In respect of the subject projects which are so constructed or vis-à-vis vis the subject plots which are so developed for sale which has instantly happened. Therefore, when the person petitioner falls within the ambit of promoter therebys with the said emplo employe yed statutory definitions to respect respectively to the terms allottee and to the promoter. T Thus hus leads to further influence that the present respondent respondentss ill acts of the promoter. Resultantly, when therebys to the presently aggrieved the respondents from the purpo purported rted ill acts of the present petitioner whose the promoter of the subject projects as 14 of 19 ::: Downloaded on - 15-02-2025 02:47:25 ::: Neutral Citation No:=2025:PHHC:019155-DB 15 CWP-24591 24591-2024 become arouse though the makings of Annexure P P-3.
3. In sequel when the present respondent on becoming aggrieved as such becomes empowered to within the ambit of Section 31 (2) filed a complaint before the RERA authorities against the present promoter who is the present petitioner. The vesting of jurisdictional competence to decide the present subject complaints is to be becomes rested on the provisions embodied in section specially ecially when the said provisions then the provisions incorporated in sub-Section Section 1 of Section 3 of RERA Act..
Act.
All the provisions incorporate in the second proviso Section 3 thus a linchpin or the nerve center for vestment of competent adjudicatory jurisdictional competence in the RERA authority. Wherebys, the subject complaints are declared to be competently ins instituted tituted before the RERA Authority.
(iv) an apex State level co co-operative operative housing finance society and a primary co co-operative operative housing society which constructs apartments or buildings for its Members or in respect of the allottees of such apartments or buil buildings;
dings;
or
(v) any other person who acts himself as a builder, coloniser, contractor, developer, estate developer or by any other name or claims to be acting as the holder of a power of attorney from the owner of the land on which the building or apartment is constructed or plot is developed for sale; or
(vi) such other person who constructs any building or apartment for sale to the general public. (zm)"real "real estate agent agent"
means any person, who negotiates or acts on behalf of one person in a transaction of transfer of his 15 of 19 ::: Downloaded on - 15-02-2025 02:47:25 ::: Neutral Citation No:=2025:PHHC:019155-DB 16 CWP-24591 24591-2024 plot, apartment or building, as the case may be, in a real estate project, by way of sale, with another person or transfer of plot, apartment or building, as the case may be, of any other person to him and receives remuneration or fees or any other charges for his services whether as commission or otherwise and includes a person who introduces, through any medium, prospective buyers and sellers to each other for negotiation for sale or purchase of plot, apartment or building, as the case may be, and includes property dealers, brokers, middlemen by whatever name called;
23. Consequently, if the supra imparted statutory definitions, to the supra statutory words, are read alongwith the endowment of a statutory privilege vis-à-vis vis an aggrieved, from any violations violations, as become stated in Section 31 supra. As such when therebys any aggrieved aggrieved, thus becomes bestowed with the right, right to in the event of any promoter, allottee or real estate tate agent, agent as the case may be rather making violations vis-a-vis vis any of the statutory provisions.
provisions Resultantly, when the makings of such violations by supra vis--a-vis, thus any of the statutory provisions as occur in the RERA Act or qua any of the rules as become formulated thereunders, when thus confers a right in the home buyer(s) to agitate his is grievance before the RERA Authority.
24. Consequently, since the gamut of the apposite jurisdictional provisions relating to the conferment of competent adjudicatory jurisdiction, provisions, jurisdiction upon the RERA vis-a-vis vis the instant controversy controversy, when but also naturally covers promoter(s), promoter who irrefutably refutably also is the present petitioner, as he has evidently in terms of the definition of 'promoter promoter', offered through Annexure 16 of 19 ::: Downloaded on - 15-02-2025 02:47:25 ::: Neutral Citation No:=2025:PHHC:019155-DB 17 CWP-24591 24591-2024 P-3 rather the subject project for sale to the prospective buyers. Resultantly, when on makings making of plain and literal interpretation of the supra provisions, provisions but manifests manifest that therebys the competent adjudicatory jurisdiction vis-a--vis complaints mplaints, as received from any ill act of even a promoter promoter, as the present petitioner thus is, hence becomes conferred upon the RERA authorities. In petitioner, I sequel both the filing of the complaints and also in the makings of decision(s)
(s) thereons, thus neither suffers from any inherent jurisdictional defect nor the exercising of adjudicatory jurisdiction by the RERA authority, upon,, the subject complaints, become ridden with the vice of coram non judice nor also the exercising of writ jurisdiction by this Court, thus in n the face of availability of remedy of appeal to the present petitioner, to therebys challenge Annexure P-1, P thus is a well recoursed remedy.
25. Resultantly, also therebys the non registration of the subject project by the present petitioners with the RERA nor the passing of any order in terms of second proviso of sub-Section Section 1 of Section 3 of RERA Act, Act thus is completely meaningless nor therebys the complaints filed by the allottees concerned, can be argued to be not competently instituted complaints thus by the aggrieved concerned complaints, concerned, from the purported ill acts of the promoter, promoter who is the present petitioner petitioner.
26. Furthermore, since Section 37 of the RERA Act Act, also confers a plenitude of jurisdiction upon the RERA authority to rather, for the purpose of discharging its function under the provisions of this Act or the rules or regulation thereunders, thus issue such directions as required from time to time vis-àà-vis, promoters or allottees or real eestate agents. Consequently, the supra plenitude plen of jurisdiction as envisaged in Section 337 of RERA Act 17 of 19 ::: Downloaded on - 15-02-2025 02:47:25 ::: Neutral Citation No:=2025:PHHC:019155-DB 18 CWP-24591 24591-2024 when also covers promoters or allottees or real estate agents, therebys too, t there was no requirement for the present petitioners as argued today before this Court, Court for theirs being registered with the RERA Authorities.
"37.
37. Powers of Authority to issue directions.
directions.--The The authority may, for the purpose of discharging its functions under the provisions of this Act or rules or regulations amde thereunder, issue such directions fro fromm time to time, to the promoters or allottees or real estate agents, as the case may be, as it may consider necessary and such directions shall be binding on all concerned."
27. Though the learned counsel for the petitioners hass vehemently argued before this Court, that the present respondent is not an allottee, since it becomes displayed by Annexure P-33, contents whereof also become extracted hereinabove, that he has only tendered money in respect of prospective spective projects, project and when evidently no prospective project have ever been floated at the instance of the present petitioners, therebys at this stage, stage there was no activated cause of action vesting in the present petitioners.
petitioners However, the said argument is also rudderless nor has any telling effect vis-
vis à-vis vis the locus standi of the present respondent to institute the subject complaints. The reason being that, when within the ambit of the statutory meaning assigned to an 'allottee', wherebys becomes covered also potential as well as prospective allottees, vis-a-vis vis the prospective projects, therebys herebys not only in respect of ongoing projects,, but also in respect of projects to be launched in future, rather, at the instance tance of the present petitioners,, that therebys the present respondent but became aan allottee. Conspicuously, also when in terms of Annexure A P-3, he became promised to be made, the 18 of 19 ::: Downloaded on - 15-02-2025 02:47:25 ::: Neutral Citation No:=2025:PHHC:019155-DB 19 CWP-24591 24591-2024 allotments vis-a-vis vis projects to be undertaken in future, wherebys also the present respondent was a person/allottee person/allottee who would subsequently acquire acquir the subject project through sale or transfer thereofs being made in his favour.
28. In aftermath, this Court finds no merit in n the submissions addressed ed before this Court by the Counsel for the petitioners, that the alternative remedy as available to the present petitioner petitioners, inasmuch, as its making an appeal against the impugned order order, thus is not an n efficacious remedy, as as the jurisdiction assumed on the complaint was no non-est or was coram non judice. Resultantly, the instant writ petition is dismissed.
29. In case, the petitioners statutory appeal is time barred, barred thereupon on an application cast under Section 14 of the Limitation Act, thereupon, becoming appended therewith,, thereupons tthe appellate body, shall pass a well reasoned decision thereon and shall subsequent subsequently register the appeal whereafter after a well reasoned decision shall be made thereon, but after hearing all the affected parties.
(SURESHWAR THAKUR) JUDGE (VIKAS SURI) JUDGE 30.01.2025 .01.2025 mahima Whether speaking/reasoned Yes/No Whether reportable Yes/No 19 of 19 ::: Downloaded on - 15-02-2025 02:47:25 :::