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IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.A.ABDUL HAKHIM, J
P.V. NIDHISH – Appellant
Versus
SIVAPRAKASH – Respondent
| Table of Content |
|---|
| 1. background of the complaint by the apartment owners association. (Para 1 , 2 , 3 , 4) |
| 2. procedural history and decisions by k-rera and tribunal. (Para 5 , 8 , 11) |
| 3. issue of remand and challenges therein. (Para 6 , 10 , 12) |
| 4. arguments regarding the legal significance of completion certificates. (Para 16 , 18 , 27) |
| 5. interpretation of rera provisions on project registration. (Para 19 , 20 , 21 , 22 , 23 , 24) |
| 6. final conclusion and modification of tribunal's order. (Para 26 , 29 , 30) |
CR
JUDGMENT
1. The appellants are the legal heirs of the respondent in Complaint No.17/2020 of the Kerala Real Estate Regulatory Authority (‘the K-RERA’ for short).
2. The complainant is the Apartment Owners Association of the project of the respondent by name ‘Orchid Garden-PVS Park’ located at Govindapuram, Kozhikode. The Complainant/Association sought direction to the respondent to execute a registered conveyance deed in favour of the Association with respect to the undivided proportionate title in the common area in accordance with the Rules and to direct the respondent to handover all the relevant original documents in connection with the entire apartments.
3. The main grievance of
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