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August 2, 2019

CA. Ashwin Shah, CA. Vyomesh Pathak

Judicial Pronouncement by RERA Appellate Tribunal

Rising City Ghatkopar Association vs. Rare Townships Pvt. Ltd.

Issue Before Tribunal

1. Complainant raised various grounds before MahaRera Authority during complaint proceedings u/s. 31 of RERDA, 2016.

2. Authority looked into some of the grounds and relief sought and some grounds and relief were not looked into by the Authority.

3. Rule 6 (2)( a ) &( c ) of The Maharashtra Real Estate ( Regulation & Development )( Recovery of Interest , Penalty, Compensation, Fine Payable , Forms of Complaint and Appeal etc ) Rules , 2017 requires Authority to

a. Issue Notice of hearing along with particulars of alleged contravention to the Respondent.
b. On date of hearing Authority to explain Respondent or his AR contraventions alleged to have been committed.

4. In the instant case, there was no whisper about some of the grounds and relief sought at the Authority level.

5. Thus, these grounds and relief were sought for hearing before Appellate Tribunal for the 1st time as the same were not heard before Authority.

Held

a. Appellate Tribunal held that these grounds and relief which are sought for the first time for hearing before Tribunal can not be allowed relying upon Hon’ble Supreme Court in the case of Gauri Shankar Vs Hindustan Trust Pvt Ltd & Ors ( 1973 – 2 SCC 127 ) AND Hon’ble Gauhati High Court in the case of Krishna Datta Vs Keshab Chandra Sidhya & Ors (2015- 3 GLR 571).

b. The matter was remanded to Adjudication Officer to decide the matter afresh in the interest of justice.

(1) Gujarath RERA has made it compulsory for the CAs to quote UDIN in all the certificates issued under RERA.

(2) GujaratRERA vide guidance 1 for Form-3 CA Certificate Dated 9th July, 2019 has laid down the Disclosure of Project Loan and Lender details & Unit Encumbrance Reporting. This available on www. gujrera.gujarat.gov.in.

(3) MahaRE Appellate Tribunal in the appeal in Complaint No. SGl 0000672 ln Complaint No. SCl 0000691, by majority held that if the land area does not exceed 500 sq.meters and if the units are more than 8, the project does not require registration.

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