In a recent ruling, the Madhya Pradesh High Court in Jabalpur provided clarity on the procedural steps within the Real Estate (Regulation and Development) Act of 2016. The court directed a homebuyer to seek redressal from the appropriate forum for enforcing a delayed possession order against a builder. This decision emphasized the doctrine of merger in appellate orders, highlighting the need for adherence to legal processes.
The case stemmed from a complaint by homebuyer GP Gupta to the Madhya Pradesh Real Estate Regulatory Authority (RERA) against a builder who failed to complete a flat on time or pay contractual interest. Initially, RERA ordered possession within three months and referred compensation matters to an adjudicating officer, who ruled in favor of the complainant.
Following a series of appeals, the Appellate Tribunal issued a directive on November 19, 2020, instructing the builder to hand over possession within two months and pay interest at a rate of 9 percent on Rs 40 lakh until possession. Despite efforts at RERA for execution, compliance delays led the complainant to seek a mandamus from the High Court to enforce the Tribunal’s order.
Respondents, including RERA and the builder, argued against the maintainability of the plea, citing Section 57 of the RERA Act, which grants the Appellate Tribunal the authority to execute its orders as civil court decrees. The court agreed with this stance, stating that the petitioner had approached the wrong forum for execution and directing them to seek relief from the Appellate Tribunal.
Justice Mishra highlighted that the original order had merged into the appellate order, making it the Appellate Tribunal’s responsibility to consider the petitioner’s application for execution. The court granted the petitioner liberty to approach the MP Real Estate Appellate Tribunal for enforcement within a specified timeframe, ensuring a timely decision in accordance with the law.
This ruling sets a precedent for similar cases, underscoring the precedence of appellate orders over originals under RERA and potentially simplifying enforcement procedures for homebuyers facing non-compliance issues.
