a)     The appellant, M/S Sea Princess Realty, is a real estate developer, while Rajesh Mehta and others are the allottees who purchased apartments from the developer. The dispute arose from a project named “Gundecha Trillium”, where the respondents (Rajesh Mehta and others) had booked apartments. They made payments as per the terms outlined in the sale agreement.  The respondents alleged that despite fulfilling their financial obligations, they did not receive possession of their apartments within the stipulated timeframe. This led to grievances regarding delays in construction and possession, which are common issues in real estate transactions.

      ISSUES -

    Whether civil courts have jurisdiction over matters that fall under RERA? Whether Sea Princess Realty complied with the requirements set forth by RERA regarding the timely delivery of possession and transparency in transactions?

      DECISION BY COURT -

      The court ruled that civil courts do not have jurisdiction over matters governed by RERA, as RERA provides a specialized framework for resolving such disputes. This ruling emphasized that statutory provisions under RERA must be followed, and any grievances must be addressed within the framework established by this law. The court reinforced that developers are obligated to deliver properties as per the agreements made with buyers, and failure to do so can lead to regulatory actions under RERA.

       IMPORTANCE OF THE CASE - 

      This case is significant as it clarifies the jurisdictional boundaries between civil courts and regulatory authorities in real estate matters. It establishes that disputes related to real estate transactions must be resolved through RERA mechanisms rather than traditional civil litigation. The ruling underscores the importance of consumer rights in real estate transactions, ensuring that developers adhere to their commitments and provide legal recourse for buyers. The decision serves as a precedent for future cases involving real estate disputes, reinforcing the authority of RERA and similar regulatory frameworks across India.

      Compiled by Adv. Bincy Benny, Research and Training Admin, ATPA.