Back
GOUTAM BHADURI, SANJAY S. AGRAWAL
M. Ahuja Projects (1) (P) Ltd. – Appellant
Versus
Green Glory Residents Welfare Society, Through Its President Mr. Ch. Damodar – Respondent
JUDGMENT :
Goutam Bhaduri, J.
1. Heard.
2. The present appeal is filed against the order dated 07.02.2024 passed by the Chhattisgarh Real Estate Appellate Tribunal.
3. The facts of this case are that, initially on an application filed by one of the beneficiary of the project of the appellant, the Chhattisgarh Real Estate Regulatory Authority (hereinafter referred to as ‘the RERA’) by its order dated 17.07.2018, in one of the proceedings, has passed the orders, wherein the Promotor was directed as follows : (i) to remove the defects in the Workmanship, as pointed out by the residents, (ii) to complete the entire work, which was depicted in the brochure, till the month of September 2018, (iii) that after completion of the work as mentioned in the brochure, the completion certificate be obtained from the competent authority, (iv) to pay an amount of Rs.31 Lakhs by way of a fixed deposit in the name of Green Glory Residents Welfare Society for carrying out the work of construction of swimming pool & (v) the Commissioner, Municipal Corporation, Raipur was further directed to ensure whether the work is complete, according to the projection made in the brochure and thereafter to issue a compl
The central legal point established in the judgment is the importance of fulfilling promises made in the project brochure, the application of the doctrines of legitimate expectation and estoppel, and....
The completion certificate issued must be strictly in accordance with the sanctioned plan and specifications, and the responsibilities of the promoter include providing and maintaining essential serv....
RERA Authority has no jurisdiction to review municipal completion certificates issued prior to the RERA Act's enforcement, maintaining their validity unless declared otherwise by competent municipal ....
RERA applies to ongoing projects regardless of completion status, ensuring consumer protection and allowing for grievances to be raised under its provisions.
The court established that a project with delays in completion falls under RERA's provisions, and mere local authority certifications do not suffice as valid completion certificates.
The RERA Act applies to ongoing projects regardless of completion dates, ensuring consumer grievances are addressed under its provisions.
The existence and date of issuance of occupancy certificates are critical in determining whether a real estate project is ongoing under the RERA.
A project with a completion certificate issued prior to RERA's enactment is not considered ongoing under the RERA Act, thus not subject to its jurisdiction.
A project completed before the commencement of the Real Estate Act is not subject to the Act's registration requirements, regardless of later safety certificate issues.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
