Case Sheds Light on Promoter Obligations: M/s Aerens Jai Realty v. Haryana Regulatory Authority

In a recent case before the Haryana Real Estate Appellate Tribunal, a dispute arose between M/s Aerens Jai Realty Private Limited, represented by Shri Devendra Mishra, and the Haryana Real Estate Regulatory Authority. The case, with Appeal No. 324 of 2020, was brought against an order passed by the Authority on 03.03.2020, pertaining to Complaint No. 2931 of 2019. The Chairman, Justice Rajan Gupta, along with Shri Inderjeet Mehta (Member Judicial) and Shri Anil Kumar Gupta (Member Technical), presided over the proceedings.

Background

M/s Aerens Jai Realty Private Limited, a real estate company based in New Delhi, appealed against the order issued by the Haryana Real Estate Regulatory Authority. The impugned order addressed the obligations of the promoters towards allottees and the State Government under the Haryana Development and Regulation of Urban Areas Act. It highlighted that the absence of a part completion certificate indicated that the necessary services were not provided.

The Authority emphasized that promoters cannot evade their responsibility towards allottees by solely filing an application with the Town and Country Planning Department. Furthermore, it noted the lack of evidence regarding the inspection of infrastructure facilities in the colony by the Chief Engineer, HSVP. The District Town Planner of Yamunanagar also reported that the services were in poor conditions.

Key Arguments

During the appeal proceedings, Mr. Sourabh Goel, Advocate representing M/s Aerens Jai Realty Private Limited, raised a limited grievance. He pointed out that despite applying for a completion certificate from the Department of Town and Country Planning (DTCP), no response had been received. Notably, the proceedings were still pending before the Authority in Panchkula.

In response, Mr. Arvind Mehtani, CTP, HRERA, Panchkula, appeared before the court and stated that he possessed another copy of the DTCP report. This copy was shared with the appellant's counsel and was placed on record.

Tribunal's Decision

After considering the arguments and reviewing the facts of the case, the Chairman of the Haryana Real Estate Appellate Tribunal, Justice Rajan Gupta, delivered the order. The tribunal concluded that no cause of action remained in the appeal, as the proceedings were still ongoing before the Authority in Panchkula.

Upon the request of the appellant's counsel, the tribunal allowed the withdrawal of the appeal while granting the liberty to pursue the complaint before the Authority.

Conclusion

The case of M/s Aerens Jai Realty Private Limited v. Haryana Real Estate Regulatory Authority before the Haryana Real Estate Appellate Tribunal highlighted the obligations of promoters towards allottees and the State Government under the Haryana Development and Regulation of Urban Areas Act. The tribunal emphasized that promoters cannot evade their responsibility towards allottees by solely filing applications with the Town and Country Planning Department.

The decision reached by the tribunal acknowledged the pending proceedings before the Authority in Panchkula and allowed the appellant to withdraw the appeal, granting them the liberty to pursue their complaint.

Overall, this case serves as a reminder of the importance of fulfilling obligations towards buyers and maintaining transparency in the real estate sector, ensuring the protection of the interests of all parties involved.

Note: The information provided in this article about Haryana Real Estate Regulatory Authority (HRERA) is for informational purposes only. It is not intended as legal or professional advice and readers should consult qualified professionals for advice specific to their circumstances. The information provided in this article is based on the Appeal No. 324 of 2020 before the Haryana Real Estate Regulatory Authority

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