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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
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 hard earned savings and monies for acquiring their respective apartments in the said project. He would state that the respondents have not honoured any of their commitments and the project has not been completed as promised by the Developer. He would further state that the project is still an ongoing project and therefore, the provisions of the Real Estate (Regulation and Development) Act, 2016 (in short 'RERA Act') would definitely apply and come into play to the rescue of the complainant's assoiciation.
4. The learned counsel for the petiitoner would also place reliance o
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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