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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAJANI DUBEY, AMITENDRA KISHORE PRASAD
Ralas and Chopda Builders, Through Partner Shri Sanjay Kumar Chopda – Appellant
Versus
Jeevan Vihar Residents, Through President Shri Laxminarayan Sharma – Respondent
| Table of Content |
|---|
| 1. allegations of non-completion and substandard amenities. (Para 3 , 4 , 5 , 6) |
| 2. jurisdiction of rera regarding municipal completion certificates. (Para 8 , 13 , 18 , 20) |
| 3. analysis of statutory jurisdiction and completion certificates. (Para 22 , 37 , 41 , 44) |
| 4. outcome and directions regarding the appeal. (Para 45 , 50 , 51) |
JUDGMENT :
Amitendra Kishore Prasad, J.
1. Heard Mr. B.P. Sharma, Mr. Vivek Chopda and Mr. Pushp Kumar Gupta, learned counsel for the appellants. Also heard Mr. Manoj Paranjpe, learned Senior Counsel assisted by Ms. Shivangi Agrawal and Ms. Surya Kawalkar Dangi, learned counsel appearing for the respondent.
2. The appellants have filed the instant miscellaneous appeal with the following prayer :-
“It is, therefore, prayed that this Hon'ble Court be pleased ex-debitojustiae, call for the record of the case, admit the appeal on the aforesaid questions of law or any other questions of law, as this Hon'ble Court deem fit, and after hearing the parties in the matter, set aside the impugned order passed by the authority below and in effect allow the application for dismissal of appeal and in consequence thereof the Appeal No. 240/2023 and the complaint
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 ....
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....
The existence and date of issuance of occupancy certificates are critical in determining whether a real estate project is ongoing under the RERA.
RERA applies to ongoing projects regardless of completion status, ensuring consumer protection and allowing for grievances to be raised under its provisions.
The court clarified that the Completion Certificate's issuance date is crucial in determining a project's ongoing status under RERA, emphasizing the conjunctive reading of statutory provisions.
The RERA Act applies to ongoing projects regardless of completion dates, ensuring consumer grievances are addressed under its provisions.
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 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.
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.
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.
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