Whether fully constructed building without constructing common areas and without providing agreed amenities but occupied by all flat purchasers without occupancy/completion certificate as on the date of commencement of RERA, amounts to ongoing project? Yes!

By Dr. Sanjay Chaturvedi LLB, Ph.D.

Parag Pratap Mantri V/s Green Space Developers (CC0050m000000136) Order dated 5th February 2018 by Maha RERA

The complainant alleges that though the respondents have not received completion certificate of E-wing/ building, they have not registered the same with Maha RERA and thereby they contravened Section 3 of Real Estate (Regulation and Development) Act 2015 (in short RERA). The respondents have filed their reply to contend that the complainant has been residing in his flat from the year 2013. All the amenities shall be provided before the completion/occupation certificate of H buildings is obtained.

ln this circumstance, the respondents contend that this Authority has no jurisdiction to entertain the complaint. Respondents have further contended that they have the Project of 13 buildings of which building nos. I, N & P are also duly completed and handed over to the respective tenement purchasers but their completion certificates have not been issued though they have applied for the same.

Maha RERA observed “For an application of this section both the clauses namely 1) ongoing /incomplete project on the date of commencement of the Act and 2) for which the completion certificate has not been issued must co-exist. There is no dispute that in E-wing, there are more than 8 apartments, common areas are yet to be constructed, agreed amenities have not been provided ar1d the completion certificate is still awaited. Therefore, I have to draw a conclusion that E-wing can be said to be an ongoing project on the date of commencement of RERA and hence, it was eligible for registration.”

Credits: Landmark Judgements of RERA (Book)

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