RERA DISMISSES plea of non-allottee on section violations

The Maharashtra Real Estate Regulatory Authority (MahaRERA) dismissed a complaint filed by a non-allottee regarding the failure on part of the developer to disclose the pending cases against him in the present project work. The RERA bench dismissed the complaint stating the authority had no jurisdiction to hear a complaint filed as a ‘Public Interest Litigation.’

The complainant, Istekhar Yusuf Shaikh had filed a case against the developer Dhruva Woollen Mills Private Limited for alleged violation of section 4 (2) (b), 4 (2) (1) (b) and (d) of RERA act, 2016 and Rule 3 (2) (c) and (e) of MahaRERA registration rules 2017. The complainant alleged that the developer violated these sections of RERA while registering the real estate project of Runwal Garden City- Dahlia located in Thane. The representative of the complainant Imtiyaz Shaikh was present during the hearing. “Even though complainant is not allottee of the real estate project work, he has filed the complaint for alleged violation of several sections under RERA act, 2017. He has filed the complaint in public interest,” added Shaikh.

After considering the arguments raised by the complainant, the RERA bench viewed the authority is not constituted to hear the grievances of the affected parties in the project as the complainant is not the allottee of the project.

“He has no locus standi to file the complaint before this authority and this authority has no jurisdiction to hear a complaint filed as a ‘Public Interest Litigation’. Hence, we do not find any merits in the present complaint,” stated the order. The RERA bench also observed during the course of hearing that though the developer had disclosed the litigation pending before the High Court, the interim order passed therein has not been uploaded. The bench thereby directed the developer to disclose all relevant facts and correct the status of the pending litigation within a period of one week.

The RERA bench observed during the course of hearing that though the developer had disclosed the litigation pending before the High Court, the interim order passed therein has not been uploaded