RERA junks woman's plea for plot possession
Mohali, June 24 -- The Punjab Real Estate Regulatory Authority (RERA) has dismissed a complaint filed by a Mohali resident seeking possession of a plot in the Muirwood Ecocity project at New Chandigarh, holding that the dispute arose from a private transaction between two parties and did not fall within the jurisdiction of the real estate regulator.
The complaint was filed by Mamta of Ecocity Phase-1, Mohali, against Vatten Waves Infratech OPC and Altus Space Builder, the promoter of the RERA-registered Muirwood Ecocity project.
According to the complaint, Mamta entered into an agreement to sell on July 1, 2019, with Vatten Waves Infratech for the purchase of Plot No C-903, measuring 124.9 square yards, in Phase-1 of the project. The agreed sale consideration was Rs.28.5 lakh. She paid Rs.6.5 lakh through cheque and agreed to pay an additional Rs.2 lakh within 30 days, while the remaining amount was to be financed through a bank loan.
Mamta alleged that she could not obtain the required loan because the area where the plot was located had not received necessary approvals. She claimed that when development activities began in 2023, she approached Vatten Waves Infratech regarding the loan process but was informed that the plot had been surrendered to the developer, Altus Space Builder.
She alleged that no supporting documents were provided to her and that she was later encouraged to invest in other plots at prevailing market rates.
The complainant further contended that despite approaching both companies, she failed to receive a satisfactory response. She subsequently approached Punjab RERA in May 2024 seeking possession of the plot.
Vatten Waves Infratech opposed the complaint and argued that no allottee-promoter relationship existed between the complainant and the company. It stated that Mamta had failed to secure a bank loan and had subsequently surrendered her claim to the plot.
The company further maintained that it had refunded the earnest money paid by her and that she had encashed the amount without objection.
Altus Space Builder also denied liability and informed the authority that the plot had originally been allotted to another buyer before being transferred to Vatten Waves Infratech in September 2023.
The developer stated that it was not a party to the July 2019 agreement and had not received any payment from the complainant. It argued that the transaction was entirely between Mamta and Vatten Waves Infratech.
During the proceedings, Mamta disputed the alleged cancellation of the transaction and claimed that documents signed during the initial deal had been misused. She also alleged fraudulent conduct on the part of the respondents and maintained that she had been unable to obtain a loan because crucial project-related documents were not supplied to her.
After examining the pleadings and records, RERA noted that the Muirwood Ecocity project was duly registered with the authority. However, it observed that for a complaint to be maintainable under the Real Estate (Regulation and Development) Act, the complainant must establish that she qualifies as an allottee under the law and that the promoter has violated its statutory obligations.
The authority found that Mamta's claim was based on an 'agreement to sell earnest amount' executed with Vatten Waves Infratech and not with the project promoter.
It further noted that only earnest money had been paid and that the complainant had already received the amount back from the seller.
RERA held that the agreement relied upon by the complainant did not establish her status as an allottee under Section 2(d) of the RERA Act. The authority also observed that the allegations primarily concerned a dispute between a buyer and a seller who was neither a promoter nor a real estate agent under the Act. Concluding that the matter fell outside its statutory jurisdiction, RERA dismissed the complaint at the threshold without examining its merits. The authority clarified that its findings would not affect any proceedings before other forums and said both parties remained free to pursue remedies available under other provisions of law....
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