The Gujarat high court on Tuesday issued notice to the Gujarat Real Estate Regulatory Authority (RERA) and sought a reply over a petition complaining that RERA dismissed a complaint on the day of adjournment.
After announcing adjournment in a case, RERA dismissed the complaint on the grounds that the party did not remain present, the petition said.
The petition was filed by an Uttar Pradesh resident, Yusuf Jamal, who booked a property in a building project by East West Developments Pvt Ltd in Shilaj. When the developer did not supply the unit to Jamal in time, he dragged the firm to RERA in Indore last year. The matter was transferred to the Gujarat RERA.
According to Jamal’s advocate, Amiraj Barot, as the developer did not put up any construction, Jamal filed a complaint. There was a hearing before RERA on December 11, 2019, but he received an email on December 9 that proceedings were adjourned till December 17.
When Barot went to attend proceedings on December 17, he was told that the case had been dismissed as default on December 11 because nobody turned up on behalf of the complainant. The lawyer supplied a copy of emails he received from the official email ID of RERA, to prove that his case was wrongly dismissed.
The petitioner requested the HC to quash the RERA’s order of dismissal and direct it to initiate proper action against the developer within the stipulated three months.
The HC sought a reply from RERA and the developer in two weeks’ time, the petitioner’s lawyer said.