Rajasthan High Court

Avalon Projects vs Adjudicating Officer on 13 January, 2022

Bench: Inderjeet Singh

     HIGH COURT OF JUDICATURE FOR RAJASTHAN
                 BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 7916/2021
Avalon Projects, A Unit Of Grj Distributors And Developers Pvt.
Ltd., 64, Scindia House, Connaught Place, New Delhi (India)-
110001 Through Its Authorized Signatory Mr. Jasvir Singh S/o
Mr. Dharmvir Singh Aged About 31 Years.
                                                                  ----Petitioner
                                   Versus
1.    Adjudicating Officer, Rajasthan Real Estate Regulatory
      Authority, Rajasthan Having Its Office At 2Nd And 3Rd
      Floor, Rsic Building, Udyog Bhavan, Tilak Marg, C-
      Scheme, Jaipur (Raj.)-302005
2.    Rajasthan Real Estate Regulatory Authority, Rajasthan,
      Having Its Office At 2Nd And 3Rd Floor, Rsic Building,
      Udyog Bhavan, Tilak Marg, C-Scheme, Jaipur (Raj.)-
      302005 Through Chairman
3.    Registrar, Rajasthan Real Estate Regulatory Authority,
      Jaipur
4.    Pawan Singh Rathore Son Of Bhanwar Singh Rathore,
      Resident Of House No. A-97, Karani Nagar, Pawan Puri
      Bikaner, Rajasthan 334001
                                                               ----Respondents

Connected With S.B. Civil Writ Petition No. 7918/2021 Avalon Projects, A Unit Of Grj Distributors And Developers Pvt. Ltd., 64, Scindia House, Connaught Place, New Delhi (India)- 110001 Through Its Authorized Signatory Mr. Jasvir Singh S/o Mr. Dharmvir Singh Aged About 31 Years.

----Petitioner Versus

1. Adjudicating Officer, Rajasthan Real Estate Regulatory Authority, Rajasthan Having Its Office At 2Nd And 3Rd Floor, Rsic Building, Udyog Bhavan, Tilak Marg, C- Scheme, Jaipur (Raj.)-302005

2. Rajasthan Real Estate Regulatory Authority, Rajasthan, Having Its Office At 2Nd And 3Rd Floor, Rsic Building, Udyog Bhavan, Tilak Marg, C-Scheme, Jaipur (Raj.)-

302005 Through Chairman

(2 of 5) [CW-7916/2021]

3. Registrar, Rajasthan Real Estate Regulatory Authority, Jaipur

4. Alka Joshi Wife Of Amit Joshi, Aged About 56 Years, Resident Of House No. E-14/14, Vasant Vihar, New Delhi- 110057

----Respondents S.B. Civil Writ Petition No. 7921/2021 Avalon Projects, A Unit Of Grj Distributors And Developers Pvt. Ltd., 64, Scindia House, Connaught Place, New Delhi (India)- 110001 Through Its Authorized Signatory Mr. Jasvir Singh S/o Mr. Dharmvir Singh Aged About 31 Years.

----Petitioner Versus

1. Adjudicating Officer, Rajasthan Real Estate Regulatory Authority, Rajasthan Having Its Office At 2Nd And 3Rd Floor, Rsic Building, Udyog Bhavan, Tilak Marg, C- Scheme, Jaipur (Raj.)-302005

2. Rajasthan Real Estate Regulatory Authority, Rajasthan Having Its Office At 2Nd And 3Rd Floor, Rsic Building, Udyog Bhavan, Tilak Marg, C-Scheme, Jaipur (Raj.)- 302005 Through Chairman

3. Registrar, Rajasthan Real Estate Regulatory Authority, Jaipur

4. Priya Mehra Wife Of Asim Mehra, Aged About 51 Years, Resident Of House No. 502/gh-7, Orchid Garden, Suncity, Sector 54, Gurugram-122002.

----Respondents S.B. Civil Writ Petition No. 7922/2021 Avalon Projects, A Unit Of Grj Distributors And Developers Pvt. Ltd., 64, Scindia House, Connaught Place, New Delhi (India)- 110001 Through Its Authorized Signatory Mr. Jasvir Singh S/o Mr. Dharmvir Singh Aged About 31 Years.

----Petitioner Versus

1. Adjudicating Officer, Rajasthan Real Estate Regulatory Authority, Rajasthan Having Its Office At 2Nd And 3Rd Floor, Rsic Building, Udyog Bhavan, Tilak Marg, C- Scheme, Jaipur (Raj.)-302005

2. Rajasthan Real Estate Regulatory Authority, Rajasthan

(3 of 5) [CW-7916/2021]

Having Its Office At 2Nd And 3Rd Floor, Rsic Building, Udyog Bhavan, Tilak Marg, C-Scheme, Jaipur (Raj.)- 302005 Through Chairman

3. Registrar, Rajasthan Real Estate Regulatory Authority, Jaipur

4. Manju Tripathi Wife Of Kuldeep Saini, Aged About 40 Years, Resident Of House No. - 457/23, Gali No. - 1, Pepsi Wali Gali, Near Dharamshala, Hira Nagar, Khandsa Road, Gurgoan, Haryana-122001

----Respondents S.B. Civil Writ Petition No. 7923/2021 Avalon Projects, A Unit Of Grj Distributors And Developers Pvt. Ltd., 64, Scindia House, Connaught Place, New Delhi (India)- 110001 Through Its Authorized Signatory Mr. Jasvir Singh S/o Mr. Dharmvir Singh Aged About 31 Years.

----Petitioner Versus

1. Adjudicating Officer, Rajasthan Real Estate Regulatory Authority, Rajasthan Having Its Office At 2Nd And 3Rd Floor, Rsic Building, Udyog Bhavan, Tilak Marg, C- Scheme, Jaipur (Raj.)-302005

2. Rajasthan Real Estate Regulatory Authority, Rajasthan Having Its Office At 2Nd And 3Rd Floor, Rsic Building, Udyog Bhavan, Tilak Marg, C-Scheme, Jaipur (Raj.)- 302005 Through Chairman

3. Registrar, Rajasthan Real Estate Regulatory Authority, Jaipur

4. Sandeep Khandhari Son Of Moti Lal Kandhari, Aged About 51 Years, Resident Of House No. C-203, Rishi Appts, Alaknanda, Kalkaji Extn, New Delhi-110019

----Respondents

For Petitioner(s) : Mr. Harshal Tholia, Adv. through V.C. For Respondent(s) : Mr. R.D. Rastogi, A.S.G. with Mr. C.S. Sinha, Adv.

Mr. M.S. Singhvi, A.G. on behalf of Mr. Darsh Pareek, Adv.

Mr. Siddharth Jain, Adv.

Mr. Jai Sharma, Adv. on behalf of Mr. Jitendra Mishra, Adv.

Mr. Amit Chhangani, Adv.

(4 of 5) [CW-7916/2021]

Ms. Pallavi Mehta, Adv. }all through V.C.

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

13/01/2022

Learned counsel appearing on behalf of the petitioners

submitted that the issue involved in these writ petitions has been

considered and decided by the Hon'ble Supreme Court in the

matter of M/s. Newtech promoters And Developers Pvt. Ltd. Vs.

State of U.P. & Ors. Etc. in Civil Appeal NO.6745-6749/2021

where in it has been held as under:-

"Question no. 2: Whether the authority has jurisdiction to direct return/refund of the amount to the allottee under Sections 12, 14, 18 and 19 of the Act or the jurisdiction exclusively lies with the adjudicating officer under Section 71 of the Act?

86. From the scheme of the Act of which a detailed reference has been made and taking note of power of adjudication delineated with the regulatory authority and adjudicating officer, what finally culls out is that although the Act indicates the distinct expressions like 'refund', 'interest', 'penalty' and 'compensation', a conjoint reading of Sections 18 and 19 clearly manifests that when it comes to refund of the amount, and interest on the refund amount, or directing payment of interest for delayed delivery of possession, or penalty and interest thereon, it is the regulatory authority which has the power to examine and determine the outcome of a complaint. At the same time, when it comes to a question of seeking the relief of adjudging compensation and interest thereon under Sections 12, 14, 18 and 19, the adjudicating officer exclusively has the power to determine, keeping in view the collective reading of Section 71 read with Section 72 of the Act. If the adjudication under Sections 12, 14, 18 and 19 other

(5 of 5) [CW-7916/2021]

than compensation as envisaged, if extended to the adjudicating officer as prayed that, in our view, may intend to expand the ambit and scope of the powers and functions of the adjudicating officer under Section 71 and that would be against the mandate of the Act 2016."

Learned counsel submits that the private respondent has

filed a complaint before the Adjudicating Officer seeking refund of

the amount, however the Adjudicating Officer has no jurisdiction

to decide the same in view of the judgment passed by the Hon'ble

Supreme Court in the matter of M/s. Newtech Promoters And

Developers (supra). Counsel further submits that the petitioners

have also filed the application before the Adjudicating Officer for

dismissal of the complaint on the ground of lack of jurisdiction and

the same is still pending before the Adjudicating Officer. Limited

prayer of the counsel for the petitioner is that the Adjudicating

Officer be directed to decide their application within a period of

fifteen days.

Mr. M.S. Singhvi, A.G. as well as counsel for the respondents

have not disputed the legal position settled by the Hon'ble

Supreme Court in the matter of M/s. Newtech Promoters And

Developers (supra).

Therefore, in the facts and circumstances, I dispose of these

writ petitions with a direction to the Adjudicating Officer to decide

the application submitted on behalf of the petitioners with regard

to jurisdiction of the Adjudicating Officer pending before it, within

a period of fifteen days after receiving the certified copy of this

order.

(INDERJEET SINGH),J

Jyoti/32-36