The Punjab and Haryana high court has upheld provisions of the Real Estate (Regulation and Development) Act, 2016 as well as the Haryana Real Estate (Regulation and Development) Rules, 2017. Some provisions of RERA law and rules framed by the state were under challenge in a clutch of petitions mainly from developers.
The HC has held that when it comes to refund of the amount, and interest on the refund amount, or directing payment of interest for delayed delivery of possession, or penalty and interest, it is the RERA authority which has the power to examine and determine the outcome of a complaint. When it comes to question of seeking the relief of compensation or interest by way of compensation, the adjudicating officer, alone has the power to determine it, the court said, adding that RERA tribunal would hear the appeal of a builder against appellate authority’s decision only if interest amount decided by the latter is deposited with the tribunal by real estate developer in question.
The court also gave time till November 16 to the developers, whose cases could not be adjudicated due pre-deposit condition issue pending before the HC.
The court also held that RERA law was consciously made applicable to ‘ongoing projects’. All ‘ongoing projects’ — those that commenced prior to the Act, and in respect of which no completion certificate is yet issued — are covered under the Act, it said, adding, “It is plain that the legislative intent was to make the Act applicable not only to the projects which were to commence after the Act became operational, but also to ongoing projects.”
{{/usCountry}}The court also held that RERA law was consciously made applicable to ‘ongoing projects’. All ‘ongoing projects’ — those that commenced prior to the Act, and in respect of which no completion certificate is yet issued — are covered under the Act, it said, adding, “It is plain that the legislative intent was to make the Act applicable not only to the projects which were to commence after the Act became operational, but also to ongoing projects.”
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