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BEFORE THE ASSAM REAL ESTATE APPELLATE TRIBUNAL
MANOJIT BHUYAN
Amina Begum – Appellant
Versus
Asom Estate Developers Pvt. Ltd. – Respondent
JUDGMENT :
Manojit Bhuyan, J. (Chairperson)
1. All the 3 (three) appeals involve the same real estate project called "Orchid Residency", located at Panch Ali, A.T. Road, Dibrugarh Town, in the district of Dibrugarh. Whereas REAT/ASSAM/APPEAL No. 06 of 2025 and REAT/ASSAM/APPEAL No. 07 of 2025 are filed by the same set of land owners, the REAT/ASSAM/APPEAL No. 08 of 2025 is filed by one of the home-buyers of "Orchid Residency". In all the three appeals the primary respondent is the same, being the Promoter/Builder i.e. M/s Asom Estate Developers Pvt. Ltd. The REAT/ASSAM/APPEAL No. 06 of 2025 is preferred against the order dated 07.01.2025 of the Real Estate Regulatory Authority, Assam (in short, the RERA) passed in Case No. RERA/ASSAM/Reg/Notice/2023/42, which is a suo-moto case initiated by the RERA against the Respondent/Promoter i.e. M/s Asom Estate Developers Pvt. Ltd. for not registering the project "Orchid Residency", thereby violating Section 3 of the Real Estate (Regulation and Development) Act, 2016 (in short, the Act). The other two appeals i.e. REAT/ASSAM/APPEAL No. 07 of 2025 and REAT/ASSAM/APPEAL No. 08 of 2025 have been filed calling in question the identical orders date
The RERA Act applies to ongoing real estate projects, and the Act's provisions protect the rights of stakeholders, including home buyers and promoters.
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.
The main legal principle established in the judgment is the interpretation and application of the definition of 'ongoing project' under Rule 2(h) of the Uttar Pradesh Real Estate (Regulation and Deve....
The existence and date of issuance of occupancy certificates are critical in determining whether a real estate project is ongoing under the RERA.
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.
RERA applies to ongoing projects regardless of completion status, ensuring consumer protection and allowing for grievances to be raised under its provisions.
The main legal point established in the judgment is the requirement for proper inspection and adherence to legal requirements by the competent authorities in issuing occupancy certificates for real e....
The RERA Act applies to ongoing projects regardless of completion dates, ensuring consumer grievances are addressed under its provisions.
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