The Rajasthan Real Estate Regulatory Authority, Jaipur, recently delivered its order in a significant case involving O.P. Choudhary and Shivgyan Developers Pvt. Ltd. The dispute revolved around a booking made by the complainant for a flat in the project "Shivgyan Casa Vista," now known as 'Shivgyan Vivanta'. In this article, we will delve into the details of the case, highlighting the facts, legal aspects, and the Authority's decision.
Complainant: O.P. Choudhary
Respondent: Shivgyan Developers Pvt. Ltd.
Case Number: RAJ-RERA-C-N-2022-5211
Summary of the Case:
O.P. Choudhary alleged that they made a booking in the year 2014 for flat No. A-603 in the project "Shivgyan Casa Vista." A sum of Rs. 2 lakh was paid through a cheque as an advance payment. However, no formal agreement for sale was executed between the parties.
The complainant failed to make the installment payments as per the construction linked plan, despite repeated requests from the promoter. The promoter, in response, pointed out clause 15 of the booking application form, which stated that if more than two installments were overdue, the booking could be canceled, and 10% of the consideration could be forfeited.
Numerous correspondences took place between the complainant and the promoter, wherein various issues were raised. However, the complainant did not fulfill their payment obligations. The promoter's counsel replied to the complainant's allegations, denying them and warning of consequences if installments were not paid.
The respondent, Shivgyan Developers Pvt. Ltd., did not appear before the Rajasthan Real Estate Regulatory Authority despite being served notice through the online promoter dashboard. Therefore, the complainant's advocate was heard ex-parte. It was observed that the complainant had already filed a complaint before the District Consumer Forum-II, Jaipur in 2016, seeking a refund and ancillary relief for the same cause of action.
The Authority referred to a previous order in the case of Dinesh Khandelwal and Ors (Complaint No. RAJ-RERA-C-2021-4657), dated 16th December 2022, which was found to be applicable mutatis mutandis to the present case. The order emphasized that if the complainant chose to withdraw the complaint from the Consumer Forum, the Adjudicating Officer of the Authority would be the competent authority to adjudicate on the composite relief, including claims for refund and compensation.
After careful consideration, the Rajasthan Real Estate Regulatory Authority found that the present case lacked jurisdiction and, therefore, dismissed it. The complainant's complaint filed before the District Consumer Forum, Jaipur, covered the same cause of action, and seeking relief from the Adjudicating Officer under Section 71 of the Real Estate (Regulation and Development) Act, 2016, was the appropriate course of action if the complaint was withdrawn from the Consumer Forum.
The case of O.P. Choudhary vs. Shivgyan Developers Pvt. Ltd. before the Rajasthan Real Estate Regulatory Authority, Jaipur, involved a dispute regarding installment payments for a booked flat. Despite repeated requests from the promoter, the complainant failed to fulfill their obligations. Considering the existence of a complaint before the District Consumer Forum, Jaipur, the Authority found the case to be without jurisdiction and dismissed it accordingly.
Note: The information provided in this article about Rajasthan Real Estate Regulatory Authority (RRERA) 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 Comp. No. RAJ-RERA-C-N-2022-5211 before the Rajasthan Real Estate Regulatory Authority
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