IMPORTANT POINT
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 principle of purposive interpretation in interpreting the completion certificate under Section 2(q) of the Act of 2016.

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 completion certificate.

4. The said order passed by the learned RERA on 17.07.2018 (Annexure A-3) was subject of challenge before this Court in writ petition bearing WP(C) No.2374/2018, which was dismissed by order dated 27.08.2018. Subsequently, a writ appeal bearing No.756/2019 was filed, and this Court by order dated 27.06.2019 has dismissed the said appeal. Thereafter, the said order was challenged before the Supreme Court, and the Supreme Court by its order dated 13.11.2019 has initially directed to deposit 50% of the amount less the amount already deposited in RERA in SLP No.25088/2019. According to the appellant, an amount of Rs.5 Lakhs was deposited on 23.10.2019 and thereafter, an amount of Rs.10.50 Lakhs was deposited on 02.12.2019. Subsequently, the Apex Court has dismissed the said SLP vide its order dated 26.09.2022.

5. Pursuant thereto, an execution petition was filed by the respondent, and the RERA by its order dated 02.01.2023 dismissed the said execution by holding that an amount of Rs.31 Lakhs have been paid in installment till 15.12.2022 and the appellant has already obtained the completion certificate dated 05.04.2021 from the Municipal Corporation, Raipur, meaning thereby, they have completed the project work and dismissed the execution petition. The Welfare Society challenged the said order of execution before the Real Estate Appellate Tribunal Raipur (hereinafter referred to as ‘The Tribunal’) in Appeal No.177/2023. Thereafter, the Tribunal, on 07.02.2024, allowed the appeal and remanded the matter back to the executing court ‘RERA’ with certain direction which primarily included that the completion certificate since was issued behind the back of the Welfare Society and the actual physical inspection was not carried out, therefore, the said process be carried out and thereafter, the order be passed. Being aggrieved by such an order, the present appeal.

6. Learned counsel for the appellant would submit that the completion certificate dated 05.04.2021 (Annexure A-6) was issued as per Section 2(q) of the Real Estate (Regulation and Development) Act, 2016 [hereinafter referred to as ‘Act of 2016’], which purports that the completion certificate would be within the meaning when the project is developed and completed and the said certificate is issued by the competent authority under the local Act. Learned counsel would submit that the completion certificate (Annexure A-6) was issued by the Municipal Corporation, Raipur, as per the Chhattisgarh Municipal Corporation and Municipalities (Registration of Colonizer, Terms and Conditions) Rules, 2013, as such, that certificate could not have been nullified by the Appellate Authority RERA, as it was within the definition of the Act and issued by the competent authority. Consequently, the order of