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Jasvinder   11 June 2022

Rera

A person purchased 9122 sqft (10 plots) from coloniser who were developing a land having 59 plots.  Payment was made by cheque and all formalities of saledeed was done. Also registration fees of saledeed was paid but at last movement the registrar told that since the coloniser didn't submitted rera registration certificate so saledeed will not be delivered and at the same time coloniser filed an application to registrar that he had deposited the fees of rera and it will be done within month.

After long timee coloniser didn't submitted the rera certificate so registrar didn't delivered the saledeed.

The applicant filed case against coloniser in rera authority and prayer that registrar be directed to deliver saledeed and compensation from coloniser.

Like wise 2 years went.

Now coloniser at final stage asked the court that since it is not registered in rera so rera authority is not bound to hear this case and it will be decided by civil court only.

Authority is also getting prejudice and asking several illogical issue.

I want to ask from this respected forum is coloniser is not bound by rera authority as according to law what i have heard that that after certain area of land the rera act is applicable.

Pls guide anyone with any case law.

Thanks



Learning

 3 Replies

G.L.N. Prasad (Retired employee.)     12 June 2022

Those business units that are registered with RERA can only get relief from them under the Act.  Explore the Consumer complaint process which is cheaper and faster and it takes less than Rs.500/- to represent facts through the detailed complaint and attend in person for proceedings. Consumer forums offer additional/alternate remedies for deficiency of services.  You can search in google for detailed guidance.

SHIRISH PAWAR, 7738990900 (Advocate)     12 June 2022

Hello,

Your developer is obliged to register himself with rera authority it is not optional in your case.

You can approach the rera against the developer. You can also approach the consumer forum which has wide powers under the law. 

P. Venu (Advocate)     17 June 2022

Is the Registrar authorised to insist of registration of the seller coloniser under the RERA as a precondition for registering the sale deed? If so, under which aithority?

Seek the information under RTI or other sources. And, if no saltisafactory or convincing information, approach the High Court seeking directions to the Register to register the sale deed.


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