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Housing Society Not a 'Promoter' Under RERA
16 Sep
Summary
- Co-operative society lacked land acquisition and project initiation.
- Karnataka Appellate Tribunal dismissed a RERA complaint.
- Appellant status as 'Allottee' was also rejected by the tribunal.
The Karnataka Real Estate Appellate Tribunal has ruled that a housing co-operative society, which had not acquired land or undertaken any real estate project, cannot be classified as a 'Promoter' under the RERA Act. The tribunal consequently dismissed an appeal, affirming that a complaint seeking relief was not maintainable before the Karnataka RERA.
The appeal stemmed from a complaint where an individual paid ₹7,66,800 between 2013 and 2014 for a proposed project phase. However, the promised site was not delivered, and the appellant sought a refund. The society argued it had not acquired land and thus was not a promoter, also disputing the complainant's status as an 'Allottee'.
The tribunal agreed with the society, finding no land acquisition and no existing real estate project. Therefore, the society did not fit the definition of a 'Promoter', and the appellant could not be considered an 'Allottee' under RERA. The tribunal upheld the Karnataka RERA's initial decision that RERA did not apply to this dispute.
