Case Note & Summary
The petitioner, Amit Garg, owner of an apartment in a 17th floor apartment complex called Petronas block, filed a complaint before the Karnataka Real Estate Regulatory Authority (RERA) against respondent No.2, SJR Prime Corporation Pvt. Ltd., regarding a dispute arising from a 2013 agreement for sale of the apartment. The complaint was registered as TMP/240919/0005744. On 23 September 2024, the Registry of RERA communicated an order via email rejecting the complaint without any hearing. The petitioner challenged this order by way of a writ petition under Article 227 of the Constitution of India before the High Court of Karnataka at Bengaluru. The court heard the counsels for both sides. The court observed that the impugned order was not passed by the RERA Authority but by its Registry, which has no adjudicatory powers. The court held that the Registry cannot reject a complaint without hearing the complainant, as such an action violates principles of natural justice. Consequently, the court set aside the impugned email order and directed respondent No.1 (RERA) to restore the complaint to its original number and hear it afresh in accordance with law. The court also directed that the complaint be disposed of within three months from the date of receipt of the order. The petition was allowed.
Headnote
A) Real Estate Law - Powers of RERA Registry - Rejection of Complaint Without Hearing - Real Estate (Regulation and Development) Act, 2016, Section 31 - The petitioner challenged an email order dated 23.09.2024 by which the Registry of RERA rejected his complaint without any hearing. The High Court held that the Registry has no adjudicatory powers and cannot reject a complaint without affording an opportunity of hearing. The impugned order was set aside and the complaint was directed to be restored to file for fresh consideration by the Authority. (Paras 1-5) B) Administrative Law - Natural Justice - Hearing Before Adverse Order - The court emphasized that any order rejecting a complaint must be passed after hearing the complainant, as per principles of natural justice. The Registry's action was held to be without jurisdiction. (Paras 4-5)
Issue of Consideration
Whether the Registry of the Real Estate Regulatory Authority (RERA) has the power to reject a complaint without a hearing, and whether such an order is sustainable in law.
Final Decision
The writ petition is allowed. The impugned email order dated 23.09.2024 passed by the Registry of RERA is set aside. Respondent No.1 is directed to restore the complaint to its original number and hear the complaint afresh in accordance with law, after affording an opportunity of hearing to the complainant. The complaint shall be disposed of within three months from the date of receipt of the order.
Law Points
- Real Estate Regulatory Authority (RERA) Registry cannot reject complaints without hearing
- RERA Registry lacks adjudicatory powers
- Natural justice requires hearing before rejection of complaint
- Section 31 of Real Estate (Regulation and Development) Act
- 2016
