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Tuesday, February 18, 2020

HC notice to Punjab RERA on petition challenging word limit on complaints

In his petition, filed through advocate Himanshu Raj, Patiala resident Gagandeep Panji has sought directions to RERA to not put any restriction on word limit of public complaints.

By: Express News Service | Chandigarh | Published: February 9, 2020 3:22:26 am
Punjab and Haryana High Court, Punjab High Court, Haryana High Court, HC notice to RERA, RERA, India news, Indian Express The case is listed for hearing on February 27.

THE PUNJAB and Haryana High Court has issued a notice to the Punjab Real Estate Regulatory Authority (RERA) in a petition challenging the limit of 400 words set on filing of complaints before the authority.

The case is listed for hearing on February 27. In his petition, filed through advocate Himanshu Raj, Patiala resident Gagandeep Panji has sought directions to RERA to not put any restriction on word limit of public complaints.

The filing of complaints before Punjab RERA is only allowed through its website and not manually, said advocate Raj. “It is also violative of the right to freedom of expression. The poor buyer on one hand is being made to restrict his complaint to a few words but the high and mighty builder has complete liberty to state whatever they want without any limitation and with any number of annexures in reply,” he added.

“The respondent is an authority dealing with real estate disputes and the same is acting in an arbitrary way by limiting complaints…to mere 400 words (200 characters). It is pertinent to mention here that the said word limit is restricting the petitioner to completely demonstrate the violations and contraventions committed by the promoter,” reads the petition, adding that the petitioner had filed a complaint against a promoter before the RERA but could not express all details in it due to the world limit.

Submitting that the restriction is violative of the most fundamental principles of law, the petitioner informed the court that a representation submitted to the RERA has been rejected saying the word limit is adequate.

“There is absolutely no bar/embargo for filing a complaint within any specified word limit i.e., 400 words under the central law i.e., Real Estate Regulation & Development Act, 2016 as well as the Punjab Real Estate Regulation & Development Rules, 2017,” the petition argues.

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