RERA Registry Has No Power To Decide Maintainability Of Complaint, Only Tribunal Members Can Adjudicate: Karnataka High Court

The Karnataka High Court has said that maintainability of a complaint cannot be decided by the Registry of Karnataka Real Estate Regulatory Authority, (KRERA) it can only be decided by the Authority and the members of RERA.The court said thus while allowing a petition filed by one Amit Garg who had approached the court calling in question an order communicated by way of electronic mail on 23.09.2024 by the Karnataka RERA's Registry, rejecting his complaint against a developer.Justice M Nagaprasanna said, “This power with the Registry is unavailable, as the complaint ought to be placed before the RERA Authority and the members of RERA will have to decide on the maintainability of the complaint. If the Registry of RERA is terminating the proceedings in the manner that it has done now, it would be an act without jurisdiction. Therefore, this a matter which is to be viewed seriously by the members of the RERA. The powers of adjudication even with regard to maintainability is not conferred upon the Registry by the statute. That being so, the electronic mail that is communicated, terminating the proceedings, is on the face of it illegal". It was argued by the petitioner that the office has no authority or jurisdiction to terminate proceedings. Even if it is not maintainable, at best, it can be posted before the RERA Authority. It was informed that several such cases where the Registry of RERA is terminating the proceedings on account of maintainability.The counsel for RERA admitted that the impugned order is a communication by way of electronic mail to the petitioner, terminating the petition, as not maintainable.The bench noted that the Registry scrutinizes the complaint and opines that the complaint does not come within the jurisdiction of the Authority. Hence, the complaint is not registered, as it is not maintainable.The high court referred to Supreme Court's judgment in the case of P. SURENDRAN V. STATE (2019) wherein the apex court had held that the functions of the Registry of the is purely administrative and cannot decide upon the maintainability of the petition, which is a judicial function. The bench held “The Impugned e-mail order dated 23.09.2024 passed by respondent No.1 stands quashed. The complaint registered before the RERA is restored to file.”It thus allowed the petition. Appearance: Advocate Aditya Chatterjee a/w Advocates Nikitha Surabhi , Akhila Balaji for Petitioner.Advocate Gowtham Dev C. Ullal for R1. Advocate J. P Darshan for R2. Citation No: 2025 LiveLaw (Kar) 138Case Title: Amit Garg AND Karnataka Real Estate Regulatory Authority & ANR Case No: WRIT PETITION NO. 34471 OF 2024Click Here To Read/Download Order

RERA Registry Has No Power To Decide Maintainability Of Complaint, Only Tribunal Members Can Adjudicate: Karnataka High Court

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