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-dressal of their grievances under the provisions of the Act. The Appellate Tribunal further issued a direction to the Original Authority under the Act to adjudicate the issues on merits with reference to evidence and dispose of the same within a period of three months from the date of the order.

4. The learned counsel appearing for the appellant contended that the appellant is the property developer and they have developed the property by purchasing 793 plots from the original owners and accordingly, constructed flats as well as villas in the purchased lands. It is contended that the building sanction was properly approved by the competent authority and the construction was completed in all respects as per the plan approved and therefore, there is no defect or infirmity as such. The completion certificate was issued by the Executive Officer, Thirupporur Town Panchayat in the year 2014 itself. Therefore, the appellant is not coming under the purview of the provisions of the RERA Act, as far as the project in question is concerned. The learned counsel appearing for the appellant solicited the attention of this Court with reference to Section 3(2)(b) of the Act, which enumerates that "where the promoter has received completion certificate for a real estate prior to commencement of the Act, then no registration of real estate is required". Relying on the said provision, the learned counsel appearing for the appellant is of the opinion that the completion certificate was duly obtained from the Executive Officer, Thiruporur Town Panchayat and the possession was also handed over to the bona fide purchasers. Thus, the question of registration under the RERA Act does not arise at all. Therefore, the very application/complaint filed by the flat owner's association before the competent authority under the RERA Act is not maintainable. It is contended that the competent authority under the Act rightly interpreted Section 3(2)(b) of the act and rejected the application/complaint as not maintainable. The Appellate Tribunal has not considered the fact that the completion certificate was issued by the Competent Authority under the Town and Country Planning Act. Therefore, the appellant is constrained to move the present second appeal.

5. The facts and circumstances required to decide the substantial question of law are to be adjudicated in the Civil Miscellaneous Second appeal.

6. Admittedly, the appellant developed the project by purchasing number of plots. It is an admitted fact that the building plan approval was obtained from the Town and Country Planning Authority and the structural buildings were raised and completed and possessions were also handed over to some of the purchasers. Some of the flats are yet to be sold and those flats or villas are with the possessi