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KRISHNAN RAMASAMY
Devinarayan Housing & Property Developments Private Limited, Represented by Managing Director, Chennai – Appellant
Versus
Manu Karan – Respondent
Headnote: Read headnote
JUDGMENT
(Common Prayer:These Civil Miscellaneous Second Appeals are filed under Section 58 of the Real Estate (Regulation and Development) Act, 2016, against the orders passed in Appeal Nos.70 of 2019 and 39 of 2020, dated 22.05.2020, by the Tamil Nadu Real Estate Appellate TNREAT, Chennai.)
Common Judgment:
1.These Civil Miscellaneous Second Appeals have been filed against the orders passed by the Tamil Nadu Real Estate Appellate Tribunal, Chennai (hereinafter, referred to as 'TNREAT') in Appeal Nos.70 of 2019 and 39 of 2020, dated 22.05.2020.
2. The facts, which led to the filing of these Appeals in brief are as follows:-
2.1 The appellants herein are the developers and the respondents 1 and 2 are home buyers. Both of them entered into a sale and construction agreement on 20.07.2017, with regard to the purchase of a property, bearing T.S.No.8, Block No.39, Door No.5, comprised in R.S.No.102 of 116, situated at Uruur Village, Jayaram Avenue, Vannanthura
The main legal point established in the judgment is the interpretation of the exemption from registration under RERA and the applicability of RERA provisions to unregistered real estate projects.
Complaints under RERA can only be filed for projects capable of registration; lack of necessary permissions renders a project unregistrable, barring complaints.
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.
RERA applies to ongoing projects regardless of completion status, ensuring consumer protection and allowing for grievances to be raised under its provisions.
The RERA Act applies to ongoing projects regardless of completion dates, ensuring consumer grievances are addressed under its provisions.
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....
Projects receiving partial occupancy certificates prior to enactment are exempt from certain provisions of Real Estate (Regulation and Development) Act.
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....
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