In an order defining the jurisdiction of Real Estate (Regulation and Development) Act (RERA), MAHARERA has ordered that RERA Authority has got jurisdiction over all the real estate projects which are eligible for registration irrespective of the fact as to whether they are registered or not. From 01.05.2017 when RERA came into force in Maharashtra, MahaRERA gets the jurisdiction over all the real estate projects which are eligible for registration u/s 3 of RERA.
“If the cause of action survives after coming into force of RERA, MahaRERA gets jurisdiction over all the disputes pertaining to the eligible real estate projects. The on-going projects bring with them the legacy of rights and liabilities created under the statutes of the land in general and The Indian Contract Act and MOFA in particular. Section 79 of RERA bars the jurisdiction of the civil court from entertaining any suit or proceeding in respect of any matter which the Authority, Adjudicating Officer or Appellate Tribunal is empowered by or under RERA to determine. Hence, the Authority gets the jurisdiction over such matters which the civil court had”, the order says. The order clearly says that the RERA is ‘retroactive’.
The case was pertaining to Joan Dsouza Vs Karnik Developers wherein complainant had complained that the developer had failed to provide the promised amenities and also the quality of construction was poor. Upholding the jurisdiction of the MAHARERA over the dispute, the Authority ordered Karnik Developers to refund a home buyer a sum of Rs 45.22 lakh with interest at 10.15 per cent from September 1, 2014 onwards for delayed possession of a bungalow in a weekend luxury villa project in Murbad, Thane.