In a recent legal dispute, the Rajasthan Real Estate Regulatory Authority (RERA) addressed a complaint filed by Swatantra Kumar Jain against Vaibhav Jain regarding the registration and construction of a real estate project. The case involved the alleged non-registration of the project 'Virasat Affluence-2' by Vaibhav Jain and raised questions about the validity of completion and occupancy certificates. After a thorough examination of the facts and arguments presented by both parties, the RERA Authority issued its final order. This article provides an in-depth analysis of the case, highlighting key arguments, evidence, and the Authority's decision.
Complaint No.: RAJ-RERA-C-2021-4490
File No.: F.5(2411)RJ/RERA/C/2021
Date of Order: 09.01.2023
Complainant: Swatantra Kumar Jain
Respondent: Vaibhav Jain
Respondent (Suo Moto): Swish Infraheights LLP
Swatantra Kumar Jain filed a complaint under section 31 of the Real Estate (Regulation and Development) Act, 2016 (RERA Act), against Vaibhav Jain, alleging the non-registration of the real estate project 'Virasat Affluence-2'. During the proceedings, a suo moto notice was also issued to Swish Infraheights LLP, the respondent company, under section 59 read with section 3 of the RERA Act. The central issue was whether the respondent had constructed the project without obtaining necessary approvals and registration.
Swatantra Kumar Jain contended that Vaibhav Jain had constructed the 'Virasat Affluence-2' project at Plot No. 85 and 86, Shyam Vihar, Sanganer, Jaipur, without obtaining approval from the Jaipur Development Authority and without registering the project with the Rajasthan RERA. The complainant sought penalties against the respondent under section 59 read with section 3 of the RERA Act, which requires prior registration of real estate projects.
Locus Standi of the Complainant: During the proceedings, Vaibhav Jain's counsel challenged the complainant's locus standi to file the complaint. The respondent argued that Swatantra Kumar Jain was not an aggrieved person, rendering the complaint non-maintainable under section 31 of the RERA Act.
Validity of Completion and Occupancy Certificates: The complainant raised concerns about the completion and occupancy certificates claimed by the respondent, which were issued by an empanelled architect. Swatantra Kumar Jain argued that these certificates should not be accepted by the Authority because they were not issued by a competent authority as defined under the RERA Act.
Approval of Building Plans: Vaibhav Jain's counsel presented evidence showing that the building plans for the 'Virasat Affluence-2' project were approved by the Jaipur Development Authority on 27.12.2013. This approval was supported by the relevant maps and documentation.
Authority of Empanelled Architects: The respondent's counsel contended that the completion and occupancy certificates were issued by an empanelled architect, who is authorized by the State Government to act as a competent authority. The certificates were obtained before any booking or sale of the project took place, making them valid according to the orders of the State Government.
RERA Authority's Decision:
After careful consideration of the arguments, evidence, and applicable legal provisions, the Rajasthan RERA Authority arrived at the following conclusions:
- Approval of Building Plans: The building plans for the 'Virasat Affluence-2' project were approved by the Jaipur Development Authority on 27.12.2013. This approval was deemed valid based on the submitted maps and documentation.
- Competence of Empanelled Architects: The completion and occupancy certificates issued by an empanelled architect were considered valid as they were issued by a competent authority, in accordance with the orders of the State Government. The Authority noted that it had consistently accepted such certificates without questioning their veracity, stating that separate avenues exist for challenging their validity.
In the case of Swatantra Kumar Jain vs. Vaibhav Jain, the Rajasthan Real Estate Regulatory Authority dismissed the complaint filed against Vaibhav Jain regarding the 'Virasat Affluence-2' real estate project. The Authority recognized the approval of building plans by the Jaipur Development Authority and considered the completion and occupancy certificates issued by an empanelled architect as valid. The decision reinforces the importance of understanding the definition of competent authorities and their powers as defined under the RERA Act.
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 (1) Complaint No. RAJ-RERA-C-2021-4490 and (1) File No. F.5(2411)RJ/RERA/C/2021 before the Rajasthan Real Estate Regulatory Authority
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