In this post we will discuss the never ending confusion regarding the issue of jurisdiction before Haryana RERA authority and includes reference to Punjab RERA Authority as well.
Ever Since RERA Panchkula/Gurugram Authority has been made it is no stranger to controversy. The beginning was smooth but the journey has been marred with controversy regarding the aspect of jurisdiction. In most simple words the most common questions regarding the jurisdiction are.
- Who can hear what?
- Whether the complaint should be filed before the Adjudicating officer or the RERA Authority?
- What is form M & N?
The confusion regarding these questions is never ending and the sufferers in this case are mostly home buyers. They have to wait longer than what was expected from Haryana RERA and the builders gain a lot of advantage due to this confusion.
A brief Timeline of HRERA:
- RERA Authority comprising of 3 members started hearing matters of Refund, interest and compensation. Matters regarding compensation were heard by a single member only.
- Then came Sameer Mahavar Judgment clearing only the AO can give refund along with interest/compensation. Meanwhile and exclusive AO was appointed who was not a member of the Authority.
- To remove the defect, Haryana RERA amended the rules and got refund powers but Punjab & Haryana High Court stayed it out rightly.
- After almost a year High Court upheld the rules and cleared the decks for Authority to order refund.
- Just within a month, The Hon’ble Supreme Court stayed the High Court order and we came back to square one i.e the principle laid down in Sameer Mahavar Judgment which still prevails. So for refund matters, you will see the case status turn to Sine-Die. The case is titled as M/s Sana Realtors Pvt Ltd. vs. Union Of India (SLP © No. 13005/2020 IV-B)
Builders love this and this can’t get worse for homebuyers.
This is not the end and now the jurisdiction aspect would be decided for the entire nation. So the request to all homebuyers is to hold on their patience and believe something good is there for them in stores. We hope that The Hon’ble Supreme Court ends this issue of jurisdiction soon so that aggrieved homebuyers can get relief and justice.
This post was written by Advocate Satish Mishra.
Rest, you can always consult top/expert/best RERA lawyers/advocates of Chandigarh Panchkula Mohali in RERA Punjab & RERA Panchkula.
For now let us wait till the confusion is cleared
Till then stay tuned to LegalSeva.
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