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Madras High CourtWP/16365/2018disposed of

Rahul Saraf v. The Chairman, Tamil Nadu Real

2019-03-27Honourable Mr Justice D. Krishnakumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR WP.No.16365 of 2018 Rahul Saraf ... Petitioner Vs 1.Chairman Tamil Nadu Real Estate Regulatory Authority and the Principal Secretary to Government Housing and Urban Development Department CMDA-Tower II (1st Floor) No.1A, Gandhi Irwin Bridge Road Egmore, Chennai-600 008 2.Ozone Projects Private Limited rep. by its Autorized Signatory No.63, G.N.Chetty Road T.Nagar, Chennai-600 017 ... Respondents Prayer:- The Writ Petition is filed, under Article 226 of Constitution of India, to issue a writ of Mandamus to direct the 1st respondent to consider the complaint filed against the 2nd respondent bearing Notice No.424 of 2017 on merits and pass orders within a time frame.

For Petitioner :

Mr.P.Mohan Prasad For Respondents :

Mr.V.Shanmuga Sunder, Spl.G.P., for R1.

Mr.P.V.Balasubramaniam for M/s.BFS Legal, for R2

ORDER

This Writ Petition is filed, praying to issue a writ of Mandamus to direct the 1st respondent to consider the complaint filed against the 2nd respondent bearing Notice No.424 of 2017 on merits and pass orders within a time frame.

2. It is the case of the Petitioner that Petitioner entered into agreement with the 2nd respondent based on the promise made by the 2nd respondent with regard to delivery of possession, however the petitioner was deprived of the right of having his own flat from the year 2014 and has been pushed to a state wherein he has to show constraint and restrain himself into living in a rental apartment for the unexplained delay of the 2nd respondent. The Petitioner was forced to seek remedy before the 1st respondent by way of filing a complaint under the Real https://hcservices.ecourts.gov.in/hcservices/

Estate (Regulation and Development) Act, 2016 against the 2nd respondent on 31.10.2017 which was numbered as Notice No.424 of 2017 and notice was duly served on the 2nd respondent. The petitioner submits that the delay in adjudicating the complaint No.424 of 2017 is causing undue hardship to the petitioner and therefore, this Writ Petition is filed with the above prayer.

3. The learned Special Government Pleader appearing for the 1st respondent would submit that the complaint preferred by the Petitioner will be considered on merits and in accordance with law, after providing opportunity to the parties concerned.

4. Considering the limited scope of the Prayer in the Writ Petition, without expressing any opinion on the merits of the matter, the 1st respondent is directed to consider the complaint filed by the Petitioner and pass orders on merits and in accordance with law, after providing opportunity to the parties concerned, as expeditiously as possible, preferably within twelve weeks from the date of receipt of a copy of this order, after providing opportunity to the parties concerned.

5. The Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar nvsri To 1.The Chairman Tamil Nadu Real Estate Regulatory Authority and the Principal Secretary to Government Housing and Urban Development Department CMDA-Tower II (1st Floor) No.1A, Gandhi Irwin Bridge Road Egmore, Chennai-600 008 +1 cc to M/s.BFS Legal, Advocate Sr.No.29312 +1 cc to The Government Pleader, Sr.No. 30463 WP.16365 of 2018 CSL/03.06.2019 https://hcservices.ecourts.gov.in/hcservices/