RERA Recognise the Registered as well as unregistered Projects.

 

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The provisions of the Act shall become applicable even to the un- registered projects or the projects which do not require registration with respect to the fulfilment of the obligations as per the provisions of the Act, the rules and the regulations framed thereunder.

The authority is competent to deal with the complaints filed by the aggrieved persons/consumers irrespective of the fact whether the project being registered or unregistered the authority has been burdened with the responsibilities to regulate the real estate projects within its territorial jurisdiction. To conclude that the authority shall only have control over the projects which have been registered with it and not over the projects which have not been deliberately or otherwise got registered with it, would be an interpretation nugatory to the objects sought to be achieved by the Act in its letter and spirit. As already mentioned, there is no distinction in the Act, or the rules made thereunder between the registered and unregistered projects. Moreover, such type of artificial classification to bring out the unregistered projects from the purview of the Act may violate the legislative intent and will not stand the touchstone of equality as provided under Article 14 of the Constitution of India qua the consumers in the registered and unregistered projects.

The statement that authority has no jurisdiction over the unregistered projects if accepted, the very purpose of the Act would be frustrated. The consumers of such projects will be deprived of the remedies provided under the provisions of the Act, even though they are also the consumers of the real estate projects. Such an absurd interpretation would defeat the very purpose, policy, aim and object of the  Act. It was felt that the consumers/home buyers were being exploited by the promoters/developers and they were helpless to get their grievances redressed effectively and expeditiously which necessitated the enactment of the Act. Thus, the very substance of the statement that the authority had no jurisdiction as the project was not registered with it, is without any substance.

Similar view has been taken by the Hon’ble Real Estate Appellate Tribunal Jaipur, Rajasthan in appeal no.RAJ-RERA-C-2018-2370 titled as Jain Realtors (P) Ltd. Vs. The Registrar of Real Estate Regulatory Authority, Jaipur, Rajasthan, and others, decided on 09.10.2018 and by the Hon’ble Real Estate Appellate Tribunal, Punjab, SAS Nagar (Mohali) in appeal no.49 of 2018 titled as M/s Silver City Construction Ltd. versus State of Punjab and others, decided on July 24, 2019. The Division Bench of the Hon’ble Bombay High Court in case Mohammed Zain Khan Vs. Maharashtra Real Estate Regulatory Authority and others, Writ Petition (Lodging) No.908 of 2018 decided on July 31st, 2018 has given direction in the complaint tendered online by the Allottees and other similarly situated complaints, in respect of unregistered projects would be entertained and same will be dealt with in accordance with the procedure being adopted by the Maharashtra Real Estate Regulatory Authority in respect of disposal of complaints in relation to registered projects. This direction issued by the Division Bench of Hon’ble Bombay High Court clinches the matter and makes it clear that the authority is competent to deal with the complaints filed by the aggrieved persons/consumers irrespective of the project being registered or unregistered.”

 

ADVOCATE KULDEEP KUMAR KOHLI

KOHLI AND KOHLI LAW ASSOCIATES

V-3/11, DLF PHASE III, GURUGRAM,

 HARYANA – 122002

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