Guwahati, Sept 19: The Assam Real Estate Appellate Tribunal (REAT) has dismissed an appeal filed by a land-owner against a judgment delivered by the Real Estate Regulatory Authority (RERA), Assam.
Making the observation, Assam REAT pointed out that Section 31 of the Real Estate (Regulation and Development) Act “makes it amply clear that a person who can file a complaint before the RERA must be a person who is aggrieved on account of any violation or contravention of the provisions of the Act or Rules or Regulations made there-under.”
“Only a person who is aggrieved on account of violation or contravention of any provision of the Real Estate (Regulation and Development) Act or rules or regulations made there-under can file a complaint before the Real Estate Regulatory Authority (RERA),” the tribunal (REAT) observed while dismissing the appeal filed by the land-owner.
In the instant case, the RERA, Assam had refused to entertain a complaint filed by the land-owner against the builder of a project, developed on her piece of land on the ground that it was beyond the ambit of the Real Estate (Regulation and Development) Act, 2016.
Aggrieved by the order of the RERA, the land-owner filed an appeal with the Assam REAT.
In the present case, the complainant herself was the co-owner and co-promoter of the project and, in fact, the building permission issued by the GMDA itself stood in her name.
The landowner and the builder had signed a deed of MoU (memorandum of understanding) whereby the builder had agreed to develop and construct an RCC building on the land owned by the complainant.
“The dispute and differences between the land owner on one hand and the builder on the other, centred around alleged contravention of the deed of MoU with regard to the project, which had been developed and executed on sharing basis between the two parties without any financial obligation.
“The dispute and differences did not emanate from any agreement for sale drawn in terms of the spirit of the Real Estate (Regulation and Development) Act. Hence, the appeal was dismissed,” the order passed by Justice (retired) Manojit Bhuyan, chairperson, Assam REAT, and Onkar Kedia, member, Assam REAT, read.