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M. A. ABDUL HAKHIM
P. V. Nidhish, S/o. P. V. Chandran – Appellant
Versus
Sivaprakash, S/o. Krishnan – Respondent
JUDGMENT :
M.A. Abdul Hakhim, J.
1. This Court had disposed of this Miscellaneous Second Appeal as per Judgment dated 30.08.2024, which is reported in Nidhish P.V. V. Sivaprakash 2024 (6) KHC 16. Thereafter, the respondent filed this Review Petition No.1023/2024 to review the judgment dated 30.08.2024. This Court allowed the said Review Petition No.1023/2024 as per judgment dated 03.10.2024, recalling the judgment dated 30.08.2024, finding that this Court committed an error in allowing the appeal in part after framing the Substantial Questions of law at the admission stage itself.
2. Thereafter the Miscellaneous Second Appeal was admitted on the very same substantial questions of law which were considered in the judgment dated 30.08.2024. The Counsel on either side made additional submissions on 15.10.2024. Hence this revised judgment is passed incorporating consideration of the additional contentions made by the respondent.
3. The appellants are the legal heirs of the respondent in Complaint No.17/2020 of the Kerala Real Estate Regulatory Authority (‘the K-RERA’ for short).
4. The complainant is the Apartment Owners Association of the project of the respondent by name ‘Orchid Garden-PV
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.
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.
RERA applies to ongoing projects regardless of completion status, ensuring consumer protection and allowing for grievances to be raised under its provisions.
The Real Estate (Regulation and Development) Act mandates registration for ongoing projects, where completion certificates are absent, emphasizing consumer protection in real estate transactions.
The Act, 2016 is retroactive in operation, and the court clarified the requirements for project registration, the validity of completion certificates, and the procedure for imposing penalties.
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.
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.
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 ....
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