In a recent case before the Haryana Real Estate Appellate Tribunal, the order passed by the Haryana Real Estate Regulatory Authority (the Authority) has been set aside due to a violation of natural justice. The appellants, Indira Mahlawat and Rajvir Mahlawat, had appealed against the Authority's order, claiming they were not given a proper opportunity of hearing. The Tribunal, chaired by Justice Rajan Gupta, found merit in their plea and remitted the matter back to the Authority for a fresh decision, after affording both parties an opportunity of hearing. Let's delve into the details of this case and the implications it holds.
- Appeal No.: 577 OF 2021
- Date of Decision: 16.05.2023
- Appellants: Indira Mahlawat and Rajvir Mahlawat
- Ashiana Housing Ltd.
- Universe Heights (India) Pvt. Ltd.
The appellants had appealed against the order dated 20.07.2021 passed by the Authority in complaint No. 2792/2020. The Authority's order had directed the respondents to take possession of the allotted unit and make requisite payments within 30 days. It also imposed an interest rate of 9.30% per annum on the appellants.
Violation of Natural Justice
During the hearing before the Tribunal, the appellants' counsel raised a crucial plea. They argued that the appellants were not given a proper opportunity of hearing before the Authority rendered its decision. The counsel referred to a notice issued to the appellants on 15.07.2021, which asked for a written reply within ten days. However, the Authority proceeded to decide the matter before the expiry of the specified period, depriving the appellants of their right to respond.
The Tribunal examined the notice issued by the Authority and found that the Authority's actions violated the principles of natural justice. It emphasized that the principles of natural justice must be followed in every statute, as established by the Supreme Court in the case of "Dharmpal Satyapal Ltd. versus Deputy Commissioner of Central Excise Gauhati and others" (2015) 8 SCC 519 = 2015 SCC Online SC 489. The court held that principles of natural justice must be applied irrespective of any statutory provision.
Based on the violation of natural justice and the applicable legal principles, the Tribunal set aside the Authority's order. The matter was remitted back to the Authority for a fresh decision, after affording an opportunity of hearing to both parties. The Tribunal emphasized the need for expeditious resolution, expecting the Authority to make a decision within two months at the latest. The parties were required to appear before the Authority on 31.05.2023.
The Haryana Real Estate Appellate Tribunal's decision to set aside the Authority's order due to a violation of natural justice underscores the importance of fair and equitable proceedings. The case serves as a reminder that principles of natural justice must be followed in all legal proceedings, regardless of any statutory provisions. This ruling ensures that the appellants will have the opportunity to present their case and that a fair decision will be rendered. It highlights the commitment of the judiciary to uphold the principles of justice and protect the rights of the parties involved.
Note: The information provided in this article about Haryana Real Estate Regulatory Authority (HRERA) is for informational purposes only. It is not intended as legal or professional advice and readers should consult qualified professionals for advice specific to their circumstances. The information provided in this article is based on the Appeal No.577 OF 2021 before the Haryana Real Estate Regulatory Authority
We hope you found our blog insightful and engaging! We appreciate your time and interest. If you enjoyed reading it, don't forget to subscribe to our newsletter to receive regular updates on our latest content. Visit our website www.reunionhq.in to know more.