• About Us
  • Privacy Policy
  • Terms of use
  • Contact Us
Friday, March 5, 2021
Law Trend
  • google-play
  • apple-store
  • Login
  • Home
  • About Us
  • Trending Stories
  • Court Updates
  • Judgements
  • Law Trend - हिन्दी
  • Bare Acts and Rules
    • Central
    • State
  • Webinar
  • Columns
  • Online Internship
  • More
    • Humour
    • Submit Judgment/Order/Posts
    • Quotes
    • Legal Dictionary
    • Courts Weblink
No Result
View All Result
Law Trend
  • Home
  • About Us
  • Trending Stories
  • Court Updates
  • Judgements
  • Law Trend - हिन्दी
  • Bare Acts and Rules
    • Central
    • State
  • Webinar
  • Columns
  • Online Internship
  • More
    • Humour
    • Submit Judgment/Order/Posts
    • Quotes
    • Legal Dictionary
    • Courts Weblink
No Result
View All Result
Law Trend
No Result
View All Result

Can a Single Member of RERA Decide Complaints of Home Buyer? Allahabad High Court

by Law Trend
January 23, 2021
in Trending Stories
3 min read
Allahabad HIgh Court New 4
811
SHARES
2.3k
VIEWS
Share on FacebookShare on TwitterShare via WhatsappShare via EmailPinterest

The Allahabad High Court has held that a single member of RERA can adjudicate the complaints of home buyer.

A complaint was made by a home buyer before RERA for non delivery of possession of home within time. The complaint sought refund of the amount of Rs.25,36,985/- with interest. 

The RERA Authority found that as per the agreement entered between the parties, possession of the flat in question should have been delivered by 29.02.2017. As such the RERA directed for refund of the principal amount alongwith interest. In pursuance thereof, execution was issued for amount of Rs.25,36,985/- towards the principal amount while component of interest was Rs.15,68.814/-. 

Feeling aggrieved, the petitioner-builder challenged both the orders before the Allahabad High Court under Article 226 of Constitution of India.

Counsel for the Petitioner submitted that ordinarily an appeal against the order passed by RERA is maintainable but this case has exceptional circumstances therefore a writ petition would be maintainable. 

It was pleaded that one member of RERA has passed the order in violation of the provisions of the Act of 2016. Section 21 provides for formation of Authority consist of Chairperson alongwith two whole time Members. The impugned order is by one Member alone going against the mandate of Section 21 of the Act of 2016. As such, there is no need to prefer an appeal as the order dated 20.03.2020 is without jurisdiction.

Further the award of interest is also illegal, as interest has been allowed even for the period prior to introduction of U.P. Real Estate (Regulation and Development)(Agreement for Sale/Lease) Rules, 2018

A Division bench of Allahabad High Court comprising Hon’ble Justice M.N. Bhandari and Hon’ble Justice R R Agarwal held that the issue has raised herein has been dealt with by the Court in the case of Writ -C No.2248 of 2020 (M/s K.D.P. Build Well Pvt. Ltd. vs. State of U.P. and 4 Others) vide judgment dated 04.02.2020 and in Writ- C No.3289 of 2020 (Rudra Buildwell Constructions Pvt. Ltd. vs. Poonam Sood and Another) vide judgment dated 06.02.2020 holding order by one member to be legal.

The Court refused to accept the submission of Petitioner Counsel that the Punjab and Haryana High Court has taken a different view. Further the court observed that the Petitioner did not raised any objection before the single Member about his competence to adjudicate the complaint. In absence of objection, the Authority proceeded with the matter. If the objection would have been taken and was sustainable, the complaint could have been decided by the Authority consisting of three Members. The petitioner has challenged the order in reference to the composition only when he lost in the complaint.

Referring to Section 21, 29 and 30 of the Act observed that it is not necessary that the adjudication of the complaint has to be made by the composition of Authority, as given under Section 21 of the Act of 2016 though as per Section 29 also, it should be by two Members in absence of the Chairperson. Further Section 30 protects proceedings from invalidation due to any vacancy. 

So far as the challenge to the interest part is concerned, the Court observed that it is based upon the merits of the case, therefore appropriate remedy is Appeal not the Writ Jurisdiction.

READ/DOWNLOAD JUDGMENT

Tags: Allahabad High Courthome buyerrera

Related Posts

amazon prime
Court Updates

Bombay HC orders Amazon Prime to take down the Telugu movie ‘V’ till over unauthorized use of Image of Sakshi Malik (Actress)

March 5, 2021
Advocate Gown and Band
Court Updates

Licence of an Advocate Suspended For Using Social media to solicit work

March 5, 2021
All HC and Lko HC Collage
Court Updates

Supreme Court Collegium Recommends 10 Additional Judges of Allahabad HC to be made Permanent

March 5, 2021

Advertisement

POPULAR NEWS

  • Justice Pushpa V Ganediwala lawtrend

    Bombay HC Judge who gave “Skin to Skin” POCSO Verdict loses Judgeship Confirmation

    5736 shares
    Share 2294 Tweet 1434
  • Where is the Provision of Using Advocate Sticker on Vehicle?

    5122 shares
    Share 2049 Tweet 1281
  • What is the tenure of protection granted under Anticipatory Bail? :SC 5 Judges

    4831 shares
    Share 1932 Tweet 1207
  • Air Asia Crashes Against Gaurav Taneja; Court Says Airline Suppressed Facts

    4703 shares
    Share 1881 Tweet 1176
  • Husband-Wife Take Oath as High Court Judge

    3272 shares
    Share 1309 Tweet 818
Law Trend

Rabhyaa Foundation has started this platform on values enshrined in the Preamble of the Constitution of India. The object of this platform is to create informed citizens with recent legal updates, Judgments, Legislations of Parliament and State Legislatures, and views of experts in the field of law, in plain and pointed language, for the intellectual development of citizens.
Our tag line “The Line of Law” guides that this......
Read More

Follow Us On Social Media

Subscribe to our News Letter

Sign Up for weekly newsletter to get the latest news, Updates and amazing offers delivered directly in to your inbox.

Categories

  • Trending Stories
  • Court Updates
  • Columns
  • Bare Acts and Rules
  • Online Internship
  • About Us
  • Privacy Policy
  • Terms of use
  • Contact Us

© 2020 Law Trends| All Right Reserved | Designed ByAaratechnologies Pvt Ltd

No Result
View All Result
  • Home
  • About Us
  • Trending Stories
  • Court Updates
  • Judgements
  • Law Trend – हिन्दी
  • Bare Acts and Rules
    • Central
    • State
      • Uttar Pradesh Acts
      • Uttar Pradesh Rules
      • Uttrakhand
      • DELHI
  • Webinar/Videos
  • Columns
  • Online Internship
  • More
    • Humour
    • Submit Judgment/Order/Posts
    • Quotes
    • Legal Dictionary
    • Courts Weblink
  • Android App
  • IOS APP

© 2020 Law Trends| All Right Reserved | Designed ByAaratechnologies Pvt Ltd

Welcome Back!

Login to your account below

Forgotten Password?

Create New Account!

Fill the forms bellow to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In