HREAT Issue of maintainability goes to the root of the jurisdiction

10. Even with regard to the claim of compensation on account of alleged structural defects, the law requires that the complaint must be filed and processed in accordance with the procedure prescribed under Rules 28 and 29 of the Haryana RERA Rules, 2017. In the present case, the complaint combines multiple reliefs relating both to development works and compensation without following the prescribed procedure. Therefore, the complaints could not have been considered by the Adjudicating Officer.

11. *The objection raised by the appellant-promoter regarding maintainability goes to the root of the jurisdiction of the Adjudicating Officer. Such an issue ought to be decided at the threshold before proceeding further in the matter. However, the Adjudicating Officer proceeded without deciding this issue, which is not in consonance with the settled legal principles.*

12. In view of the foregoing discussion, we are of the considered opinion that the Adjudicating Officer has exercised jurisdiction not vested in him by law and has failed to exercise jurisdiction so vested in deciding the issue of maintainability at the appropriate stage.

13. *Consequently, the appeals are allowed. The impugned order in all the above-mentioned appeals is hereby set aside and the complaints filed before the Adjudicating Officer are held to be non-maintainable.*

HREAT in Appeal No. 08 of 2026 & connected appeals

H-REAT-8-2026 titled as St. Patricks Realty Pvt. Ltd. V/s NEHA PRASAD dated 01-Jul-2026