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IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.A. ABDUL HAKHIM
Shwas Builders and Developers Pvt. Ltd. – Appellant
Versus
Premchand Surendran – Respondent
| Table of Content |
|---|
| 1. background of the complaint and parties involved. (Para 1 , 2 , 3 , 4) |
| 2. initial orders and proceedings of k-rera. (Para 5 , 6 , 7) |
| 3. appeal to the tribunal and its decisions. (Para 8 , 9 , 10) |
| 4. arguments regarding status and obligations of the respondents. (Para 12 , 14 , 15 , 16) |
| 5. court's analysis of k-rera's jurisdiction and procedural adherence. (Para 17 , 18 , 19) |
| 6. final orders and implications for the respondents. (Para 21 , 22 , 23 , 24) |
JUDGMENT :
M.A. ABDUL HAKHIM, J.
1. The respondents 1 to 4 in Complaint No.37/2023 of the Kerala Real Estate Regulatory Authority (the K-RERA) are the appellants in the Miscellaneous Second Appeal filed under Section 58 of the Real Estate (Regulation and Development Act, 2006 (the RERA). The respondent is the complainant in the said complaint.
2. The parties are referred to according to their status before the K-RERA.
3. The complainant is an allottee in the Villa Project by name ‘Epcot County’ launched by the 1st respondent. The 1st respondent is a private limited company engaged in the business of development and construction of real estate projects. The respondents 2 to 4 are its Directors. The 4th respondent is the lan
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 court affirmed that ongoing real estate projects must be registered under RERA to protect allottee interests, regardless of title transfer.
The main legal point established in the judgment is the retrospective or retroactive operation of RERA, 2016, and the mandatory registration requirement for ongoing projects with completion certifica....
Complaints under RERA can only be filed for projects capable of registration; lack of necessary permissions renders a project unregistrable, barring complaints.
Section 35 deals with powers of authority to call for information and conduct investigation.
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 existence and date of issuance of occupancy certificates are critical in determining whether a real estate project is ongoing under the RERA.
Non-compliance with regulatory requirements justifies classification as an 'ongoing project' under applicable law.
Projects receiving partial occupancy certificates prior to enactment are exempt from certain provisions of Real Estate (Regulation and Development) Act.
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