MUMBAI:
Bombay high court
on Friday disposed of a public interest litigation (PIL) filed by a flat buyer against a decision of
the Maharashtra Real Estate Regulation Authority
(MahaRERA), which he alleged favoured defaulting promoters at the cost of thousands of flat buyers.
The HC bench of Chief Justice Dipankar Datta and Justice M S Karnik said the allottee had an alternate remedy and could go in appeal to the
RERA appellate body
instead of coming to the HC.
Advocate Nilesh Gala appearing for the petitioner, Sagar Nikam, said later that he may go in appeal to the Supreme Court against the HC order which he said "may open floodgates of appeals.''
The challenge in HC was to a May 18 order of MahaRERA by which it had invoked the force Majeure clause and extended the period of validity of registration, by three more months, for all construction projects where completion dates were to expire by March 15. Nikam's counsel Mayur Khandeparkar said the May 18 order was arbitrary and illegal, submissions, which for the state, Advocate General Ashutosh Kumbhakoni and for the Centre, Additional Solicitor General Anil Singh, refuted.
The HC in its order noted that a perusal of
the Real Estate Regulatory Act
"reveals that the same is a complete code in itself dealing with regulation and promotion of the real estate sector, protection of the interests of the consumers and establishment of adjudicatory mechanism for speedy dispute redressal. Apart from imposing liabilities on promoters, rights are created in favour of home buyers."
The HC said, "Section 44 of the Act provides a remedy of appeal to any person against any direction or order or decision of
the Real Estate Regulatory Authority
constituted under sub-section (1) of section 20 of the Act read with section 2(i) read thereof before an Appellate Tribunal.''
The Appellate Tribunal
has as its chairman, a Judge of a high court.
Hence, the HC said, "home buyers or whose benefit the petitioner has instituted this proceeding are not left without a remedy. If indeed any home buyer is aggrieved by the order.'' They can approach the appellate forum.
Stay updated with the latest news on Times of India. Don't miss daily games like Crossword, Sudoku, and Mini Crossword.Swati Deshpande is Senior editor at The Times of India, Mumbai, w...
Read MoreSwati Deshpande is Senior editor at The Times of India, Mumbai, where she has been covering courts for over a decade. She is passionate about law and works towards enlightening people about their statutory, legal and fundamental rights. She makes it her job to decipher for the public the truth, be it in an intricate civil dispute or in a gruesome criminal case.
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