Army Welfare Housing Organisation ordered to register project under RERA

While setting aside the TNRERA’s order exempting the AWHO from registering its project, the tribunal headed by Justice B Rajendran gave AWHO 15 days to register the project.

Appellants CM Unninathan, Nagarajan Vasudeva Rao and N Koteeswar bought flats at apartments building being built by AWHO in Thazambur in Kancheepuram district. Following the work left incomplete on common facilities like swimming pool, clubhouse, sewage treatment plant and gymnasium, the appellants approached the TNRERA requesting to direct the builder to register the project with TNRERA.

TNRERA, without providing an opportunity to appellants to present their case, passed order exempting the project from registering. “Without assigning any reason, the Authority had passed order om May 21, 2019. Opportunity denied to the appellants is certainly against the principles of natural justice,” the tribunal observed.

The tribunal also observed that the project was incomplete when the RERA rules came into force on June 22, 2017. “The order of the regulatory authority is a one-line order and moreover it is not a speaking order.”

“There is no specific power to condone the delay in submitting the report beyond the 15 days as contemplated in the RERA rules. So, this tribunal comes to a conclusion that there is a force in the argument of the appellants’ side and there is merit in the case of the appellants to interfere with the findings of the RERA. The appeal deserves to be allowed,” the tribunal ordered.