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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mrs Justice J. NISHA BANU, R.SAKTHIVEL
Colorhome Developers Private Limited – Appellant
Versus
Kanchipattinam Villa Owners Association Karai – Respondent
JUDGMENT :
J. NISHA BANU, J.
1. This appeal is filed by Developer/builder praying to set aside the order dated 17.11.2023 passed in Appeal No.60 of 2023 on the file of Tamil Nadu Real Estate Appellate Tribunal (TNREAT), whereby, the Appellate Tribunal confirmed the order passed by the Regulatory Authority in C.No.66 of 2022, dated 02.03.2023 on the file of Tamil nadu Real Estate Regulatory Authority (TNRERA).
2. The developer/builder raise the following substantial questions of law for consideration of this CMSA.
(i) When the project is developed only as a residential layout project as per the approval granted by the competent authorities and exempted from registration under Rule 2(h) (iii) whether the authority under the Act is empowered to direct registration of the project under Section 3 of the Act as a gated community project.
(ii) Whether the promoter could be made liable to register the entire project as a gated community, when the purchasers of the plots have constructed their Villas by third party builder.
(iii) Whether the promoter could be held liable under the provisions of Section 11, 12, 13 and 14 of the RERA Act, when the promoter has not constructed the Villas in the proj
Developers must register ongoing projects under RERA when promised amenities are not completed, establishing accountability and compliance within real estate regulation.
The court affirmed that ongoing real estate projects must be registered under RERA to protect allottee interests, regardless of title transfer.
The Real Estate (Regulation and Development) Act mandates registration for ongoing projects, where completion certificates are absent, emphasizing consumer protection in real estate transactions.
Complaints under RERA can only be filed for projects capable of registration; lack of necessary permissions renders a project unregistrable, barring complaints.
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 definition of 'promoter' under RERA allows for developers without land ownership to register projects, and failure by UPRERA to act within statutory timeframes results in deemed registration.
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 court upheld the authority's decision to allow a housing society to take over a lapsed real estate project, prioritizing home buyers' interests over private disputes.
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