In a recent case before the Rajasthan Real Estate Regulatory Authority in Jaipur, Hemant Bhandari, the complainant, filed a complaint against Elegant Landcon, the respondent, regarding the project "Elegant Param." The complaint was made under Section 31 of the Real Estate (Regulation and Development) Act, 2016, seeking various reliefs. This article will delve into the details of the case, the arguments presented by both parties, and the subsequent order issued by the Authority.
Complaint No: RAJ-RERA-C--2021-4400
Date of Order: 06.01.2023
Hemant Bhandari raised concerns about Elegant Landcon's project, "Elegant Param," which had a registration number RAJ/P/2017/161, valid until 31.03.2020. Bhandari sought several reliefs, including the installation of an appropriate Sewage Treatment Plant (STP) for the flats, the commencement of maintenance charges after the issuance of the Completion Certificate or formation of the society, the provision of free space for the lift area lobby, an allocation letter for parking, and the installation of solar panels for energy conservation.
In response, Elegant Landcon argued that a completion certificate had already been issued by the Jaipur Development Authority (JDA) on 06.07.2020, and all facilities as per the layout plan had been provided. They requested the dismissal of the complaint. To resolve the matter regarding the availability of amenities mentioned in the project's brochure, the Authority constituted a committee to investigate the issue.
Proceedings and Findings
The Rajasthan Real Estate Regulatory Authority, represented by Honorable Shri Salvinder Singh Sohata, Member, heard the arguments of both parties and examined the case records and the Authority's webpage. It was observed that a completion certificate had been uploaded on the webpage, although it was currently under examination by the project cell. The Quarterly Progress Report (QPR) of March 2020 explicitly referred to the issuance of the completion certificate.
The project cell confirmed that a completion certificate had indeed been issued by the JDA on 06.07.2020, with a copy transmitted to the Authority. However, the Authority clarified that it did not have the authority to verify the authenticity of the completion certificate. Any grievances regarding services promised by the builder or other buyers needed to be addressed to the competent authority, the JDA Appellate Tribunal.
Furthermore, it was highlighted that a sale deed for the disputed unit No. 418 had been executed and registered before the Sub-Registrar on 07.06.2019, indicating that possession had been physically handed over. Taking these factual aspects into account, the Authority decided not to issue any directions in favor of the complainant. Instead, the complainant was advised to approach the Adjudicating Officer of the Authority to claim compensation for their reported grievances.
In the case of Hemant Bhandari vs. Elegant Landcon, the Rajasthan Real Estate Regulatory Authority dismissed the complaint raised by the complainant. The Authority took note of the completion certificate issued by the Jaipur Development Authority, although it emphasized that the authenticity of the certificate was not within its purview. As possession of the disputed unit had already been physically transferred, the Authority concluded that no directions could be issued in favor of the complainant. The complainant was granted the liberty to seek compensation through the Adjudicating Officer of the Authority.
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 Comp. No. RAJ-RERA-C--2021-4400 before the Rajasthan Real Estate Regulatory Authority
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