O R D E R

The Civil Miscellaneous Second Appeal is filed under Section 58 of the Tamil Nadu Real Estate (Regulation and Development) Act 2016, challenging the correctness of the order of the Tamil Nadu Real Estate Appellate Tribunal dated 09.09.2020 in Appeal No.58 of 2019.

2. The learned counsel appearing for the appellant mainly raised the substantial question of law by holding that the Appellate Tribunal erroneously interpreted Section 3(2)(b) of the RERA act by extending the jurisdiction which is otherwise not conferred under the act in respect of buildings already completed.

3. The Original Authority under the Act held that the petition filed by the owner's Association is not maintainable in view of the fact that the completion certificate was issued by the Authority. The Appellate Tribunal held that the completion certificate issued is improper and not in consonance with the provisions of the act. Therefore, for all purposes, the jurisdiction under the Act is not ousted and still, the project is to be construed as on-going project and therefore, the apartment owners are entitled to insist for registration under the RERA Act and file an application before the authority for re-dre