BIMALENDU PRADHAN Vs. BIMALENDU PRADHAN

JUDGEMENT

(1.) Bimalendu Pradhan, complainant before Real Estate Regulatory Authority, Bhubaneswar, has filed W.P.(C) No. 8158 of 2019 seeking following relief:-

(2.) The factual matrix of the case in W.P.(C) No. 8158 of 2019 is that the petitioner had filed a complaint case before the Real Estate Regulatory Authority, Bhubaneswar (in short "RERA") being Complaint Case No.55/2018 against a real estate builder, namely, M/s. Vipul Limited, Bhubaneswar alleging violations of several provisions of the Real Estate (Regulation and Development) Act, 2016 (in short "the Act") and, as such, the possession of the flat booked by him was not provided even after lapse of considerable time, as specified in the agreement. After hearing, the RERA by order dated 12.06.2018 allowed the complaint of the petitioner and issued several directions to the builder. Challenging the said order, the builder, M/s. Vipul Limited, Bhubaneswar preferred statutory appeal before the appellate tribunal, i.e., the Odisha Sales Tax Tribunal vide Appeal Case No. 7 (RE)/2018. But the said appeal could not be taken up for hearing, as because the designated tribunal suo motu refused to take up appeal matters or register fresh appeal cases on the pretext that the Chairperson of the regular Real Estate Appellate Tribunal has been appointed.

(3.) Taking the facts in all the three writ petitions into account, the sum total of the grievance made by the petitioners in their respective writ petitions is that due to non-functioning of the Real Estate Appellate Tribunal, they are facing difficulties, for which they have approached this Court by filing these writ applications. In other words, though the writ petitions have been filed with different cause of actions, but essence is the non-functioning of the Tribunal. Since in all the three writ petitions the petitioners have sought for similar nature of relief, they have been heard together and are disposed of by this common judgment.