Chandigarh: In an important decision, the Punjab and Haryana High Court has said that home buyers who have deposited money in a housing project can now file their complaints with the Real Estate Regulatory Authority (RERA) rejecting the petition of real estate developers companies giving them a severe shock, accepting that the potential allottees who have deposited money in a project are also  within the purview of RERA, can also file their complaints if any with the Real Estate Regulatory Authority. Hearing in a case the High Court The division bench of Justice Suresh Thakur and Justice Vikas Suri termed this argument as absurd and said that has rejected the argument of a real estate company, M/s Ramprastha Developers Pvt Ltd, that home buyers who have deposited money only for a potential project and whose project does not yet exist, cannot file a complaint with RERA saying that allottee, too have the full right to file a complaint against the real estate developers companies to RERA.

Real estate company M/s Ramprastha Developers Pvt Ltd and others had filed a petition in the high court challenging an order of the Gurugram-based Haryana Real Estate Regulatory Authority (HRERA), when they argued that RERA had no jurisdiction to hear the case since the complainants do not fall in the category of allottees, so they have no right to file a complaint since the petitioners had the option of appeal under Section 43(5) of the RERA Act, so their petition is not admissible when the High Court gave decision that any aggrieved person has the right to submit complaint to the authority under Sections 31 and 37 of RERA and dismissed Developers plea giving home buyers who have deposited money in a project relief and shock to real estate businessmen. The court clarified that both existing and potential allottees have the full right to lodge their complaints under RERA and rejected the developer’s petition.