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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.BALAJI
Serene Adinath Retirement Community Apartment Owners' Association – Appellant
Versus
Covai Property Centre (I) Private Limited – Respondent
| Table of Content |
|---|
| 1. jurisdiction of the complaint concerning ongoing projects. (Para 1 , 3) |
| 2. arguments related to project completion and rera applicability. (Para 2) |
| 3. arguments regarding completion and applicability of the rera act. (Para 4 , 5 , 6 , 7 , 10 , 11) |
| 4. interpretation of rera act and ongoing project definitions. (Para 8) |
| 5. interpretation of the terms related to ongoing projects in rera. (Para 14 , 16 , 17) |
| 6. court's reliance on statutory definitions in rera. (Para 18 , 19) |
| 7. final ruling on dismissal of the petition based on jurisdiction. (Para 22 , 23 , 24) |
ORDER :
P.B.BALAJI, J.
The Petitioner Association, aggrieved by the return of the complaint, as without jurisdiction, has come up by way of this Revision.
2. I have heard Mr.Ralph Manohar, learned counsel for the petitioner and Mr.M.Chandru, learned counsel for the first respondent, Mr.C.Kaveen, learned counsel for R2 and R3 and Mr.A.R.Balaji, learned counsel for R4.
3. The learned counsel for the petitioner would state that the petitioner’s Association compirses of owners of various Apartment in M/s.Serene Adinath Retirement Community Apartment Owners and that most of them are senior citizens who have invested their ha
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 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.
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 RERA Act applies to ongoing real estate projects, and the Act's provisions protect the rights of stakeholders, including home buyers and promoters.
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.
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 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....
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