• Chairman U.P. RERA imposed heavy penalty upon the allottee who was found continuously misusing the process of law.
• The allottee in question had filed three complaints prior to this one which had been decided previously.
• Chairman U.P. RERA took strong objection to the fourth complaint by this allottee and imposed a cost of Rs. 5000/- upon him.
Lucknow/ Gautambudh Nagar: Whereas U.P. RERA is continuously imparting justice to the large number of allottees who have filed complaints with it, instances of some allottees filing repeated complaints in the same matter and thus misusing the process of law, are also surfacing. When such a matter came for hearing before the NCR Bench of Chairman U.P. RERA, he noticed that this allottee had not approached RERA with clean hands, that he was misusing the process of law and wasting the precious time of the Bench. In fact, it was the fourth complaint of the allottee in the same matter.
The first complaint filed by him was with respect to relief of possession of his unit with payment of interest for delay which was decided with direction to the promoter to provide him possession with registered sub-lease deed and pay the interest for delay in possession. The promoter had complied with this order and provided him possession with registered sub-lease deed and also paid the interest for delay, approx. Rs. 02.68 lakh. The allottee filed second complaint seeking similar relief which was dismissed by the concerned Bench on the ground that the matter had been decided previously and relief provided had also accrued to the allottee. But the allottee filed third complaint before the Adjudicating Officer of RERA seeking compensation. The Adjudicating Officer decided this complaint with order of payment of compensation of Rs. 50,000/-. So this allottee had got every relief permissible under RERA fairly and quickly.
However, the allottee in question did not rest at this point and filed the fourth complaint seeking relief which along with the grounds thereof had been considered and adjudicated by the Adjudicating Officer in the order passed earlier. As if repeated filing of the complaint in the same matter besides having got the admissible relief was not enough, this allottee was also found indulging in inappropriate conduct during the hearing of the case through video conferencing. His conduct was contrary to the rulings of Hon’ble Supreme Court which has been continuously holding that a litigant must approach the court with clean hands and must not be allowed to misuse the process of law and wasting of the time of the court.
It was stated by Sanjay Bhoosreddy that U.P. RERA is already handling about 40 percent of the complaints in the country and if some allottee keeps approaching the Authority for the same relief in the same matter again and again, this impacts the delivery of justice by the Benches to the allottees whose grievances are genuine. Therefore, heavy cost was imposed upon the complainant in this case to ensure that the genuine allottee must get the relief as per law but unscrupulous complainants must be deterred from wasting the time of the Benches.
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