Is Society Redevelopment having jurisdiction of RERA?

By Sanjay Chaturvedi LLB, Ph.D.

Himbindu Co-operative Housing Society V/s Mr. Jitendro Shankarlal Brahmbhatt (CC@6000000001577) Order dated: 5th Jan 2018

The complainant Society, through it’s Secretary, has filed this complain seeking following directions from this Authority

a) To register the Second Supplementary agreement doted 23rd August 2015 on payment of all dues within such time as may be fixed by the court.

b) To execute and register for fresh Supplementary agreement.

c) To pay Rs.50,000/- p.m. from September, 2015 to date of registration of supplementary agreement dated 23.08.2015.

d) To pay each of the members liquidated damages.

e) Such other reliefs as is prayed for in complaint.

The respondent disputed the claim of the complainant and stated that the present complaint is not maintainable, since it is o dispute between the society and the promoter. There is no violation of RERA Act, Rules and Regulations made there under and this Authority has no jurisdiction to try and entertain such disputes.

Maha RERA Order: Considering the rival submissions mode by both the parties and after perusing the record, this Authority has observed that Maha RERA is not the forum for the settlement of dispute between the society and the promoter arising out of the development agreement. Further, in the present cose the dispute between the complainant and the respondent is of civil nature and does not pertains to any violation of RERA Act, Rules or Regulation mode there under.

Credits: Landmark Judgements of RERA (Book)

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