CONSOLIDATE REALTORS PVT. LTD. Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioners have assailed the order dtd. 23/6/2022 passed by the National Consumer Disputes Redressal Commission, New Delhi (hereinafter referred to as NCDRC) in Consumer Case No.849 of 2020 titled Ajay Kumar Verma and others Vs. M3M India Private Limited and others on the ground that the Commission has no jurisdiction to adjudicate the issue of sanction or approval granted by the Director Town and Country Planning, Haryana. The issue of approval falls under the domain of statutory powers and statutory authority constituted under the provisions of Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 and Haryana Development and Regulation of Urban Area Act, 1975.

(2.) National Consumer Disputes Redressal Commission (NCDRC) has held that the construction of new tower No.11 is a deficiency of service in terms of Consumer Protection Act, 2019 and Haryana Apartment Ownership Act, 1983 because the builder had failed to obtain the consent of the stakeholders while applying for change in the site plan along with permission for a new tower. The requirement has to be based on statutory provision. Since the consent has not been obtained, therefore, the construction of 11th tower has been held to be in violation of aforesaid statutes.

(3.) Learned Senior Counsel for the petitioners submitted that under the Haryana Apartment Ownership Act, 1983, Director Town and Country Planning is the appropriate authority and in the absence of impleadment of the said authority, the impugned order is without jurisdiction. Learned Senior Counsel further submitted that provisional building plans were approved vide memo No.5735 dtd. 28/2/2020 with a condition that the variations should be published in three newspapers and displayed at various locations. The public notice was published on 3/3/2020 in three newspapers. No response/complaint was received from the flat holders on the revision of the building plans. The letter dtd. 15/7/2020 vide which approval for revised building plans was granted stood revoked vide memo No.21407 dtd. 27/8/2021. The building plans approval has been reviewed at the level of Director and it has been decided to revoke the approval granted by letters/orders dtd. 15/7/2020 and 1/3/2021 on the ground that the building plans exceed the prescribed limit of maximum FAR permitted in the colony and several objections have been raised by RERA against the said approval of building plans. Vide the aforesaid decision of revocation, the petitioners have been directed to stop all construction activities at the site with immediate effect and submit a confirmation in writing in this regard. It has also been observed that in case, the petitioners are interested to retain any construction already made at the site or undertake any additional construction within the prescribed limit of maximum FAR, the petitioners shall be required to submit fresh application for approval of building plans along with fulfillment of all related formalities in respect of revision of building plans.