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Showing posts with label Completed Project. Show all posts
Showing posts with label Completed Project. Show all posts

Wednesday, 23 June 2021

The project completion means that it must be completed in all respects and the entire project was handed over to the respective buyers

 In the Matter of M/S.Sare Shelters Project Pvt. ... vs Sare Squires C.M.S.A.No.27 of 2020 decided on 16.02.2021 before THE HIGH COURT OF MADRAS, the High court held thatThe project completion means that it must be completed in all respects and the entire project was handed over to the respective buyers and all the original documents are handed over to the apartment owners association. Therefore, the builder cannot enter thereafter into the project premises as they lost their legal rights except with the permission of the owners or with reference to the agreement, if any, between the parties.


In the Matter of Subashini Thulasiram vs M/S.Spr & Rg Constructions C.M.S.A.No.22 of 2019 decided on 15 September, 2020 before THE HIGH COURT OF MADRAS it was held by the high court that  “The application for completion certificate without environmental clearance certificate is a defective application and in the eye of law, it cannot be called as an application for completion certificate…… The State Level Environmental Impact Assessment Authority cannot issue post facto environmental clearance certificate”,

Tuesday, 18 May 2021

Even if the Project is completed with occupancy Certificate and does not require Rera Registration, even then the Promoter is bound by the responsibilities assigned under the act.

In the Matter of Raghunath MS vs. Esteem Group Complaint no. CMP/180620/0000936  decided on 14.11.2019 before  Karnataka Real Estate Regulatory Authority


In this case, the project was completed and conveyed to the association of allottees prior to the commencement of the Act. The allottee had purchased the unit from an erstwhile allottee. The developer contended that since the project was completed before the commencement of the Act and the occupancy certificate was obtained, they cannot be bound by the provisions of the Act. Referring to the Preamble of the Act, Karnataka RERA held that even if the project was completed prior to the commencement of the Act, the developer is bound by the provisions of the Act. Accordingly, Karnataka RERA directed the developer to hand over all documents and execute a registered deed to include civic amenities in favour of the association of allottees.