Cosmos Infra vs. Narendra Saini - A Closer Look at RERA's Ruling

Welcome to an insightful analysis of a real estate dispute, overseen by the esteemed Rajasthan Real Estate Regulatory Authority (RERA). In this case study, we delve into Complaint No. RAJ-RERA-C-2021-4586, featuring two main parties, Narendra Saini and Cosmos Infra Engineering India Pvt. Ltd. Let's uncover the complexities and arguments raised by both sides and gain a comprehensive understanding of the dispute.

Background of the Complaint  

The dispute revolves around a real estate investment made by Narendra Saini, who booked a flat in December 2015, with a total sale consideration of Rs. 52 lakh. Subsequently, he commenced monthly EMIs from January 2018 as part of the subvention scheme. However, the possession of the flat remained elusive, despite the respondent offering it on 04.09.2018. Adding to the complexity, Towers 'A' and 'B' were allegedly attached by the Department of Stamps and Registration due to default in payment.

Respondent's Arguments and Previous RERA Order  

Cosmos Infra Engineering India Pvt. Ltd., represented by Advocate Saloni Nogeja, asserted that the complainant's case had already been adjudicated by RERA in Complaint No. RAJ-RERA-C-2020-3504. The previous order dated 24.02.2021 dismissed the complainant's claims, granting him the liberty to seek compensation in Form "O" for specific grievances related to poor quality, amenities' non-availability, and mental torture. The respondent contends that filing a fresh complaint with the same subject matter, albeit presented differently, is not maintainable.

The agreement for sale executed on 18.01.2016 stipulated a possession handover within 42 months, with a grace period of six months, thus requiring possession by 18.01.2020. However, Cosmos Infra Engineering India Pvt. Ltd. offered possession on 04.09.2019, along with a completion certificate from the competent authority.

RERA's Previous Order and Liberty Granted  

The previous order by RERA on 24.02.2021 was pivotal, as it highlighted the path the complainant could pursue for compensation. However, RERA clarified that matters pertaining to section 12 of the Real Estate (Regulation and Development) Act, 2016, needed to be addressed by the Adjudicating Officer. The liberty granted to the complainant allowed him to seek reparation for alleged shortcomings through the proper channel, i.e., filing an application in Form "O."

Analysis and Decision by RERA

Rajasthan RERA, led by Hon'ble Member Shri Shailendra Agarwal, meticulously examined the current complaint. In agreement with the respondent's contention, the Authority deemed the fresh complaint inadmissible. Despite the complainant's arguments, the previous order stands as a significant precedent.

The absence of any reference to the previous order in the fresh complaint raised concerns about transparency and adherence to due process. As such, RERA held that the complainant failed to disclose the prior ruling, leading to the dismissal of the current case.

Conclusion

In conclusion, the case analysis of Complaint No. RAJ-RERA-C-2021-4586 highlights the significance of following established procedures in resolving real estate disputes. Rajasthan RERA's decision emphasizes the importance of adhering to prior orders and approaching the appropriate authorities for grievances. With this insight, stakeholders can navigate the real estate landscape more effectively, ensuring fair and just resolutions to disputes.

Note: The information provided in this article about Rajasthan Real Estate Regulatory Authority (RRERA) 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 Complaint No. RAJ-RERA-C-2021-4586 before the Rajasthan Real Estate Regulatory Authority

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