GUWAHATI: In a recent ruling, the Assam Real Estate Appellate Tribunal (REAT) reaffirmed the fundamental requirement that only individuals who have suffered harm due to a breach or infringement of the Real Estate (Regulation and Development) Act or its associated rules and regulations can file a complaint before the Real Estate Regulatory Authority (RERA). This clarification came during the dismissal of an appeal lodged by a landowner against a judgment previously delivered by RERA, Assam.
The case in question revolved around a complaint brought forth by a landowner against a project developer, involving a piece of land owned by the complainant. RERA, Assam, had rejected the complaint, asserting that it fell outside the purview of the Real Estate (Regulation and Development) Act, 2016. In response to the RERA ruling, the landowner proceeded to appeal the decision to the Assam REAT.
The Assam REAT, in its decision, underscored the pivotal importance of Section 31 of the Real Estate (Regulation and Development) Act, which explicitly specifies that individuals eligible to file complaints before RERA must be aggrieved parties due to violations or breaches of the Act's provisions, rules, or regulations.
In the specific case at hand, the complainant also held the role of co-owner and co-promoter of the project. Remarkably, the building permit issued by the Guwahati Metropolitan Development Authority (GMDA) was issued in the complainant's name.
The landowner and the project developer had entered into a Deed of Memorandum of Understanding, wherein the developer committed to construct an RCC building on the land owned by the complainant. The dispute between the landowner and the builder centred on an alleged violation of the terms outlined in the Deed of Memorandum of Understanding concerning a project developed and executed on a shared basis, devoid of financial obligations.
Crucially, these disputes did not stem from an Agreement for Sale structured in alignment with the Real Estate (Regulation and Development) Act's principles. Consequently, the Assam REAT deemed the appeal unsuitable for consideration.
The verdict was delivered by Justice (Retd.) Manojit Bhuyan, Chairperson, and Onkar Kedia, Member of the Assam REAT. The full text of the decision is accessible on the official website of the Tribunal, reat.assam.gov.in.
