1 day Ago By P Vasantha Kumar
Bengaluru: In a significant ruling, the Karnataka high court has clarified that the registry of the Real Estate Regulatory Authority ( RERA ) does not possess the authority to decide the maintainability of complaints. The judgement was delivered by Justice M Nagaprasanna, while allowing a petition filed by Bengaluru resident Amit Garg . The case dates back to 2013, when SJR Prime Corporation Pvt.
Ltd. approached Garg with an offer to sell an apartment in the Petronas Block, a 17-storey residential complex. The developer assured Garg — via a printed brochure — that the construction would align with approved plans.
However, disputes subsequently arose between the two parties, prompting Garg to file a complaint with RERA. Instead of being placed before the RERA authority for adjudication, Garg's complaint was dismissed by the registry through an email communication, citing lack of maintainability. Objecting to this, Garg argued that the registry lacked the legal power to unilaterally reject complaints and pointed out that similar dismissals had occurred in other cases.
He emphasized that such decisions must be made by RERA's adjudicating authority, not its administrative arm. Justice Nagaprasanna concurred with the petitioner's arguments, observing that the registry had overstepped its jurisdiction. "If the registry of RERA is terminating the proceedings in the manner that it has done now, it would be an act without jurisdiction.
Therefore, this is a matter to be viewed seriously by the members of RERA," the judge noted. He further stated that the authority to adjudicate — even on preliminary issues such as maintainability — rests solely with RERA's appointed members, as outlined by the governing statute. The court termed the Sept 23, 2024, email from the registry terminating the proceedings as "on the face of it illegal.
" Consequently, the high court reinstated the complaint. Justice Nagaprasanna concluded, "It is open to RERA to hear the petitioner and then pass orders on the maintainability of the complaint or otherwise," thereby restoring the matter for proper adjudication..
