Decoding the Haryana Real Estate Appellate Tribunal's Ruling : Ram Avtar Nijhawan Against M/s Neo Developers

In a recent decision by the Haryana Real Estate Appellate Tribunal, Appeal No. 519 of 2022, the Tribunal dismissed the appeal filed by Mr. Ram Avtar Nijhawan against M/s Neo Developers. The appellant had challenged an order passed by the Haryana Real Estate Regulatory Authority, Gurugram. The decision, dated 01.03.2023, sheds light on the limitations of rectification under the Real Estate (Regulation and Development) Act, 2016, and the procedural aspects of the case. (RERA Appellate Tribunal Haryana)

Background of RERA Appellate Tribunal Haryana case

Following the initial disposal of the complaint by the Haryana Real Estate Regulatory Authority (RERA) on 5th September 2019, Mr. Ram Avtar Nijhawan, dissatisfied with the outcome, decided to pursue further legal recourse by approaching the RERA Appellate Tribunal Haryana. The case revolved around a real estate project, with Mr. Nijhawan as the complainant and M/s Neo Developers as the respondent.

The RERA Appellate Tribunal Haryana, being the appellate authority for real estate matters in the state, received the appeal and commenced the review process. The appellate tribunal meticulously assessed the evidence, legal aspects, and arguments presented by both parties to ensure a fair and just determination.

After thorough consideration of the case, the RERA Appellate Tribunal Haryana delivered its verdict, addressing the concerns raised by Mr. Nijhawan and evaluating the compliance of M/s Neo Developers with the relevant real estate regulations and guidelines. The tribunal's objective was to reach a decision that upheld the principles of transparency, accountability, and consumer protection within the real estate sector.

The appellate process involved comprehensive hearings, legal analysis, and deliberations, during which the RERA Appellate Tribunal Haryana demonstrated its commitment to resolving disputes efficiently and promoting a conducive environment for the real estate market in Haryana.

Ultimately, the RERA Appellate Tribunal Haryana reached a conclusive decision that either upheld the original ruling of the Haryana Real Estate Regulatory Authority or introduced modifications based on the evidence and arguments presented during the appeal. The tribunal's decision aimed to protect the interests of both the complainant, Mr. Ram Avtar Nijhawan, and the respondent, M/s Neo Developers, adhering to the principles of justice and equity.

With the conclusion of the appellate proceedings, the case found its final resolution, providing closure to the long-standing dispute between the parties. The RERA Appellate Tribunal Haryana played a pivotal role in ensuring that the real estate matter was adequately adjudicated, contributing to the overall efficiency and effectiveness of the real estate regulatory framework in the state.

The Order of the Haryana Real Estate Regulatory Authority

The appellant sought rectification of the order dated 05.09.2019, claiming that the start date of construction should be considered as 12.02.2013 instead of 15.12.2015. However, the application for rectification was filed on 24.01.2022, beyond the two-year limitation period prescribed by Section 39 of the Real Estate (Regulation and Development) Act, 2016.

The Haryana Real Estate Regulatory Authority, in its order before RERA Appellate Tribunal Haryana dated 17.05.2022, rejected the application for rectification. The authority stated that the application was filed after the expiry of the limitation period and that allowing the change in the start date of construction would substantively alter the previous order, increasing the liability of the respondent.

The Appeal and the Tribunal's Decision

Mr. Ram Avtar Nijhawan, the appellant, challenged the order of the Haryana Real Estate Regulatory Authority before the RERA Appellate Tribunal Haryana. However, the Tribunal, in its decision dated 01.03.2023, dismissed the appeal.

The Tribunal observed that the proceedings in the matter had already concluded, including the execution proceedings. It noted that the appellant had not challenged the original order dated 05.09.2019 within the prescribed time limit. The Tribunal further emphasized that the scope of rectification under Section 39 of the Act is limited to correcting mistakes apparent on record without amending the substantive part of the order. (RERA Appellate Tribunal Haryana)

Conclusion

The decision of the Haryana Real Estate Appellate Tribunal in Appeal No. 519 of 2022 highlights the importance of adhering to the prescribed limitation period for filing appeals and applications for rectification. The Tribunal clarified that rectification should not result in substantive changes to previous orders. This case serves as a reminder of the procedural requirements and limitations under the Real Estate (Regulation and Development) Act, 2016. (RERA Appellate Tribunal Haryana)

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. 519 of 2022 before the Haryana Real Estate Regulatory Authority

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