Guwahati: The Assam Real Estate Appellate Tribunal (REAT) has dismissed an appeal filed by a landowner against a judgment delivered by the Real Estate Regulatory Authority (RERA) of Assam.
“Only a person who is aggrieved due to the violation or contravention of any provision of the Real Estate (Regulation and Development) Act or its rules and regulations can file a complaint before the Real Estate Regulatory Authority (RERA),” the tribunal (REAT) observed while dismissing the appeal filed by the landowner.
In this case, RERA Assam refused to entertain a complaint filed by the landowner against the builder of a project developed on her piece of land on the grounds that it fell beyond the scope of the Real Estate (Regulation and Development) Act of 2016.
The tribunal, while dismissing the appeal, pointed out that Section 31 of the Real Estate (Regulation and Development) Act “clearly states that only a person aggrieved by any violation or contravention of the provisions of the Act, rules, or regulations made thereunder can file a complaint before the RERA.”
Discontented with RERA’s decision, the landowner filed an appeal with the Assam REAT.
In this particular case, the complainant herself was the co-owner and co-promoter of the project, and the building permission issued by the GMDA (Guwahati Metropolitan Development Authority) was in her name.
The landowner and the builder had signed a memorandum of understanding (MoU) in which the builder agreed to develop and construct an RCC (Reinforced Concrete Cement) building on the land owned by the complainant.
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“The dispute and differences between the landowner on one hand and the builder on the other centered around the alleged contravention of the MoU regarding the project, which had been developed and executed on a shared basis between the two parties without any financial obligation.
“The dispute and differences did not arise from any agreement for sale in accordance with the spirit of the Real Estate (Regulation and Development) Act. Hence, the appeal was dismissed,” the tribunal stated in the order.
The order was issued by Justice (retired) Manojit Bhuyan, Chairperson of Assam REAT, and Onkar Kedia, member of Assam REAT.
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