STAFF REPORTER
GUWAHATI: The Assam Real Estate Appellate Tribunal (REAT) observed that only a person who is aggrieved on account of violation or contravention of any provision of the Real Estate (Regulation and Development) Act or Rules or Regulations can file a complaint before the Real Estate Regulatory Authority (RERA).
This observation was made while dismissing an appeal filed by a land-owner against a judgement delivered by the RERA. The order was passed by Justice (Retd.) Manojit Bhuyan, Chairperson and Onkar Kedia, Member, Assam REAT.
RERA, Assam had refused to entertain a complaint filed by the land-owner against the builder of a project, developed on her piece of land on the ground that it was beyond the ambit of the Real Estate (Regulation and Development) Act, 2016. Aggrieved by the order of the RERA, the landowner filed an appeal with the Assam REAT.
Dismissing the appeal, the Assam REAT pointed out that Section 31 of the Real Estate (Regulation and Development) Act makes it amply clear that a person who can file a complaint before the RERA must be a person who is aggrieved on account of any violation or contravention of the provisions of the Act or Rules or Regulations made thereunder.
The complainant herself was the co-owner and co-promoter of the project and, in fact, the building permission issued by the GMDA itself stood in her name. The landowner and the builder had signed a Memorandum of Understanding whereby the builder had agreed to develop and construct an RCC building on the land owned by the complainant. The dispute and differences between the land owner on one hand and the builder on the other centred around alleged contravention of the Deed of Memorandum of Understanding with regard to the project, which had been developed and executed on a sharing basis between the two parties without any financial obligation.
Also Watch: