In the case of man global limited vs ram prakash joukani (Second Appeal No. 14840 Of 2019 Alongwith Civil Application No. 785 Of 2019) the Bombay high court observed that “the sole member of the said Tribunal does not have jurisdiction to dispose of appeal or any application including even an application for condonation of delay in filing appeal.”
Reliance was made on the earlier matter of Neelkamal Realtors Suburban Pvt. Ltd. and Anr. (2017 SCC OnLine Bom9302) where the Bombay high court has held that two member bench of the Tribunal shall always consist of a judicial member. It is also held that in the constitution of the Tribunal, the majority of the members shall always be judicial members.
In the matter of Altus Space Builders Pvt. Ltd vs Union Of India And Others CWP No.32437 of 2019 decided on 16 October, 2020 before Punjab & Haryana High Court the Court struck down Regulations 7 and 8 of the Punjab RERA Procedure Regulations as being ultra vires the Act.
the Court ruled that “A Single Member of the Authority cannot validly pass orders on a complaint under the Act.”
the Court also ruled that “A Single Member of the Appellate Tribunal cannot validly pass orders in the appeals before it.”
