METROZONE Vs. OZONE PROJECTS

JUDGEMENT

(1.) An interesting question that arises for consideration is as to whether a suit for common law remedy, namely a relief of permanent injunction, can be sought before the Real Estate Regulatory Authority or not.

(2.) I have Mr.N.Nandhakumar, learned counsel for the petitioner and Mr.R.Venkatraman, learned counsel for M/s.TATVA Legal, for the respondent.

(3.) The learned counsel for the petitioner would state that the suit instituted in O.S.No.7244 of 2022 by the respondent / developer is not maintainable, in view of the bar under Sec. 79 of the RERA Act, 2016. Pointing out to the nature of relief sought for and corresponding provisions under the RERA Act, learned counsel for the petitioner would state that the Tribunal constituted under RERA Act alone is competent to try the issues that have been raised by the respondent/plaintiff. He would also point out that the revision petitioner has already approached RERA with serious complaints against the respondent and the Tribunal has also taken cognizance of the same and therefore, the present suit is nothing but a counter blast to the action already initiated by the respondent.