Tamil Nadu Real Estate Regulatory Authority (TNRERA) has rejected plea that individual home buyers do not have locus standi to file complaint against the developer, after forming an association, which can only resolve the disputes with the promoter.
In his complaint, K. Balasubramaniyan said he along with his wife had jointly purchased an apartment in the project 'Tulive Viha' in Anna Nagar East from G.K.S. Technology Park Pvt. Ltd in 2019. He objected to sale of part of the alleged common area to two other home buyers Devendra Bhatia and Anjula Bhatia.
The complaint named the builder and the other home buyers as respondents. Devendra Bhatia and Anjula Bhatia challenged the maintainability of the complaint on the grounds that he has no locus standi since the Association of the allottees (Tulive Viha Apartment Owners Association) has already been formed and it was the association which has to resolve the disputes with the promoter.
The TNRERA rejected the plea noting that they have misconstrued the explanation to Section 31(1) of the RERA Act. As per the section, any aggrieved person may file a complaint for any violation or contravention of the provisions of the Act, it said. The definition of person includes the Association of Allottees in addition to the individual allottees, it clarified.
It also reiterated that once the Act wasin place, recourse could be taken through arbitration and rejected the plea on that ground as well and ruled that the complaint was maintainable.
