No locus standi to file a complaint under RERA if Complainant fails to establish himself as either a homebuyer or an Allottee, expounds RERA,

 

The Maharashtra Real Estate Regulatory Authority (“MahaRERA”) observed that there was no allotment letter or any agreement for sale executed between the parties. Further, there was no binding contract between the parties to establish a relationship between an Allottee and a Promoter. It expounded that the Complainant was neither a home buyer nor an Allottee of the said project, and hence, had no locus standi to file an application under RERA. It was held that the said complaint was not maintainable. 

Brief Facts:

The present complaint has been filed to seek cancellation of the Project whose registered Promoter was Respondent No.1 and return of funds collected. 

Contentions of the Complainant:

The Complainant alleged to be the lessee of the ground floor. It was submitted that the Respondent had constructed unauthorized floors and further, illegally took possession of the property by demolishing the ground floor. 

Observations of the Authority:

The issue to be ascertained was whether a tenant to the erstwhile Landowner has a remedy under MahaRERA as an allottee in a project registered under MahaRERA. 

The Authority proceeded ex-pate as the Respondent did not appear. 

It was noted that there was no allotment letter or any agreement for sale executed between the parties. There was no binding contract between the parties to establish a relationship between an Allottee and a Promoter. Therefore, opining that the Complainant was neither a home buyer nor an Allottee of the said project, it was held that the said complaint was not maintainable. 

The decision of the Authority:

Based on the above-mentioned finding, the Complaint was dismissed as it was found to be not maintainable. 

Case Title: Ishaque Abdul Aziz Shaikh v. BP Infra Projects LLP & Ors. 

Coram: Shri Ajoy Mehta (Chairperson) 

Case No: Complaint No. CC006000000192922

 

Advocate for the Complainant: Adv. I.A. Shaikh 

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